Border Security, Asylum and Immigration Bill

It is first worth emphasising that the Government strongly value the vital economic and academic contribution that international students make in the UK. They enrich our communities, including my own in the city of Nottingham. The immigration rules provide for the cancellation of entry clearance and permission to enter or stay where a person has been convicted of a criminal offence in the UK or overseas. Where a student’s permission is cancelled, as a person without leave to enter or remain they are liable to administrative removal from the UK. Foreign nationals who commit a crime should be in no doubt that the law will be enforced and that, where appropriate, we will pursue their deportation.

On the specifics of the amendment on publishing data on these topics, the Home Office already publishes data on a vast amount of migration statistics, including information on visas, returns and detention. The official statistics published by the Home Office are kept under review in line with the code of practice for statistics, taking into account a number of factors including user needs and the resources required to compile those numbers, as well as the quality and availability of data. This ensures that we balance the production of high-quality statistics against the need for new ones to support public understanding on migration.

I want to be clear, however, that we recognise that there has been heightened interest from parliamentarians, the media and members of the public in learning more about the number and type of criminal offences committed by foreign nationals in the UK and about what happens to foreign national offenders—FNOs—after they have been convicted, and after they have completed their sentences. The Home Office is looking closely at what more can be done both to improve the processes for collating and verifying relevant data on the topic of FNOs and their offences, and to establish a more regular means of placing that data into the public domain alongside the other Home Office statistics that I have talked about. When this work progresses, the Home Office proposes to publish more detailed statistical reporting on FNOs subject to deportation and those returned to countries outside the UK. I hope that, on that basis, right hon. and hon. Members will support the Government motion relating to Lords amendment 37.

The Lords amendments introduced by the Government further strengthen and expand the powers and offences that target organised immigration crime groups. The most significant is Lords amendment 7, which introduces a new offence that criminalises the creation or publication of material relating to unlawful immigration services online, on internet services including social media, and on messaging platforms. Such material will be considered criminal when a person knows or suspects that the material will be published on an internet service and it has the purpose, or will have the effect, of promoting unlawful immigration services. I hope that the policy objective is clear to Members: it is crucial in order to tackle the facilitation of organised crime online, and to ensure that law enforcement has the appropriate tools to break down organised crime groups’ exploitation of the online environment, including social media.

Lords amendments 8, 9, 12, 13, 14 and 15 work alongside this new offence, providing intermediary liability protections for internet service providers, meaning that they will not be impacted by this offence and the actions of those being targeted in this offence—namely, individuals who are promoting unlawful immigration services online. The offence will have extraterritorial effect and therefore may be applied to online material created or published anywhere in the world and by a person or body of any nationality.

I turn now to the amendments to the core immigration crime offences set out in clauses 13 and 14, which concern the supply and handling of articles used in immigration crime. Lords amendments 1, 2, 3, 4, 10 and 11 enable us to disrupt the actions of not only those who commit offences directly, but those who facilitate them through the provision of tools, materials or services. That sends a clear and unequivocal message: those who enable immigration crime, whether through direct action or indirect facilitation, will face consequences.

Clause 43 enables stronger conditions to be placed on those who pose a threat pending their removal. Lords amendments 38, 39 and 40 do not alter the original intention of the clause, but ensure that the Bill sets out the limited circumstances in which an individual could have conditions such as electronic monitoring or curfews placed on their leave to enter or remain. This includes cases where the Secretary of State considers that the person poses a threat to national security or public safety, or where they have been convicted of a serious crime or a sexual offence.

The Government made a number of small amendments in the other place that seek to clarify the provisions to which they relate. Lords amendments 33, 34 and 35 are minor and technical changes to remove references to data protection legislation that are redundant following the enactment of section 106 of the Data (Use and Access) Act 2025.

Lords amendment 36 amends the consultation requirements to require the Secretary of State to consult the Department of Justice in Northern Ireland and the relevant Scottish Ministers prior to making regulations that determine the purpose for which trailer registration information may be shared with the police. The amendment does not affect the Secretary of State’s discretion to consult representatives of police bodies.