Counter terror-style powers to be introduced to strengthen ability to smash smuggling gangs

The Home Office days says the measures will for the first time allow counter-terror style tactics to be used against smuggling gangs through “unprecedented tools to stop smugglers before they act”.

This includes stronger powers to seize and search mobile phones to investigate organised immigration crime and introducing new offences against gangs conspiring to plan crossings, selling or handling small boat parts for use in the Channel, supplying forged ID documents, for migrants attempting to come here illegally.

These laws, included within the Border Security, Asylum and Immigration Bill introduced in Parliament today (January 30), are inspired by powers used to combat terrorism and will transform the ability of law enforcement agencies to take earlier and more effective action against organised immigration crime.

The Home Office said: “The robust measures will directly go after organised crime groups who – even in the freezing temperatures in the Channel this month – are continuing to organise dangerous crossings, not caring if the vulnerable people they exploit live or die, as long as they pay.

“The legislation will give greater powers than ever to law enforcement agencies to treat people smuggling as a global security threat as part of our renewed effort to break the business model of these gangs for good and restore order to our asylum system.”

The new laws have been welcomed by law enforcement agencies, including the National Crime Agency (NCA), Immigration Enforcement and police, and include:

• Allowing immigration officers and police to seize phones, laptops and other electronic devices at an earlier stage before arrests are made, if they are suspected of containing information about organised immigration crime;
• Allowing law enforcement to arrest those involved in facilitating organised immigration crime at a much earlier stage than is currently possible, meaning they can intervene quicker, more effectively and before smuggling takes place;
• Making it illegal to supply or handle items suspected of being for use by organised crime groups, for example the selling and handling of small boats parts, with those caught facing a prison sentence of up to 14 years:
• Creating a new offence for collecting information to be used by organised immigration criminals to prepare for boat crossings. This includes arranging departure points, dates and times, with clear links back to the gangs facilitating the dangerous crossings; and
• Criminalising the making, adapting, importing and possession of specific articles that could be used in serious crime, carrying a prison sentence of up to five years. This includes templates for 3D printed firearms, pill presses and vehicle concealments.

In addition, the role of the Border Security Commander, Martin Hewitt, will be put on a legal footing, meaning he will have the authority to convene partners across law enforcement and set strategic priorities for achieving the Home Secretary’s goals.

These will be shared with partners such as the NCA as part of their ongoing work upstream to target people smuggling networks

To prevent more people being crammed into unsafe, flimsy boats and lives being put at risk by these gangs, the Government will also make it an offence to endanger another life during perilous sea crossing to the UK.  Anyone involved in physical aggression, intimidation or coercive behaviour, including preventing offers of rescue, while at sea will face prosecution and an increased sentence of up to five years in prison

Border Security is one of the foundations of the government’s Plan for Change. The legislation being introduced today demonstrates our commitment to giving law enforcement the tools and powers they need to protect the integrity of the UK border as we put in place a serious, credible plan to restore order to our asylum system.

Home Secretary Yvette Cooper said: “Over the last six years, criminal smuggling gangs have been allowed to take hold all along our borders, making millions out of small boat crossings.

“This Bill will equip our law enforcement agencies with the powers they need to stop these vile criminals, disrupting their supply chains and bringing more of those who profit from human misery to justice.

“These new counter terror-style powers, including making it easier to seize mobile phones at the border, along with statutory powers for our new Border Security Command to focus activity across law enforcement agencies and Border Force, will turbocharge efforts to smash the gangs.

“Our Plan for Change relies on strong border security. It is critical we have the tools at our disposal to pursue those who undermine them in every way we can.”

Commander Hewitt said: “It is vital that government and our law enforcement partners, working together as part of the UK’s border security system, have the right tools to tackle the people smuggling gangs abusing our border.

“This Bill will do exactly that, by equipping teams on the ground dealing with this issue first hand and empowering them to go further and act faster when dismantling organised criminality.

“These crucial measures will underpin our enforcement action across the system, and together with our strengthened relationships with international partners, we will bring down these gangs once and for all.”

NCA Director General Graeme Biggar said tackling organised immigration crime “remains a priority”.

“The Border Security, Asylum and Immigration Bill should help UK law enforcement act earlier and faster to disrupt people smuggling networks and give us additional tools to target them and their business models,” he said.

“These criminal gangs risk the lives of those they transport in their deadly pursuit of profit, and we remain determined to work with partners in the UK and abroad to do all we can to stop them.

“Based on counter-terror tactics, the new powers in this Bill will allow law enforcement to make swifter interventions at a much earlier stage against those conspiring to smuggle people into the UK by small boats or in the backs of lorries.

“Where someone is suspected of selling or handling small boats parts or sharing suspect information online, we will be able to apply these offences against them at this point and make an arrest. Current rules mean law enforcement are unable to intervene until much later on in the process and after they’ve facilitated a small boat crossing.”

In November last year, Amanj Hasan Zada was jailed for 17 years after being found guilty of organising small boat crossings from his home in Lancashire. Each crossing involved Kurdish migrants who had travelled through eastern Europe, into Germany, Belgium and then France. It is possible the reasonable suspicion element means investigators would have met the requirements to arrest and charge earlier with the new offences. Evidence which showed Zada planning organised immigration crime facilitation – for example discussing moving migrants, purchasing vessels – would have likely been in scope of the offence. Instead of needing to prove a definitive link to a migrant facilitation under current legislation, the new offences could have met the threshold for earlier and faster action to be taken.

The Bill will also modernise biometric checks overseas to build a clear picture of individuals coming to the UK and preventing those with a criminal history from entering. During crisis evacuations to the UK, the new powers will allow checks to take place much earlier, resulting in the rapid identification of who is eligible to enter the country and reducing the risk of delays or security threats during time sensitive operations.

In a major upgrade to Serious Crime Prevention Orders, law enforcement will also be given new powers to impose Interim Serious Crime Prevention Orders, allowing them to place instance restrictions on organised immigration criminals alongside other serious criminals. This could include bans on travel, internet and mobile phone use, with curbs also leading to social media blackouts, curfews and restricted access to finances.

“Collectively, these measures will strengthen our response across the system, empowering partners and law enforcement to properly go after the people smuggling gangs,” the Home Office said.

“The NCA continues to target smuggling networks in the UK and overseas. This includes three arrests this month in Iraq’s Kurdistan Region as a result of a joint operation between the NCA and local law enforcement, the first of its kind.

“But with this legislation we will go further, giving our law enforcement stronger tools than ever before to dismantle the gangs.”