Lord Hanson of Flint (Lab)

The noble Lord knows that this is a complex challenge and that the Government are trying to undertake a range of measures to address it. He will also know—we will return to this in more detail later—that, with the scrapping of the Rwanda scheme, we have been able both to process more applications on asylum and to remove people from hotels and shut more hotels. We have also been able to provide greater investment in the sort of co-operation that the Border Security Commander will undertake shortly, and I believe that continued pressure will be placed on that issue. The noble Lord knows that it is a difficult challenge—I am not denying that—but we have a duty to disrupt, and that disruption involves close co-operation with Europol. I get the sense—I mean this in the nicest possible way—that these are probing amendments to get a view from the Government on the issues around Europol; all three press the Government on where we are with that. The noble Lords, Lord Harper and Lord Jackson, have challenged the drafting and objectives of the relevant clauses. I will address the first two amendments as probing amendments from the noble Baroness, Lady Ludford, and the noble Lord, Lord German, which seek to determine what we are doing with Europol. I accept those challenges and will respond to them. The Border Security Commander—the legal framework for such a role is in the early clauses of the Bill—will work with a range of international bodies, including Europol, to deliver the Government’s border security objectives, recognising that an international solution is required for the current international, cross-border set of challenges. The recent Organised Immigration Crime Summit brought together over 40 countries and law enforcement bodies, including Europol to unite behind a new approach to dismantle people-smuggling gangs and to deliver on the people’s priorities for a securer border. The amendments are pressing us to address that. First, there is the argument for an annual report to Parliament. Under the Bill, the Border Security Commander has to provide an annual report to Parliament and his work is very closely linked to that of Europol. We have a very strong relationship with Europol currently and a significant permanent presence in the agency’s headquarters in The Hague. The Home Office will continue to work with Europol to deliver the Government’s border security objectives, and the Border Security Commander has a key role in Europol being one of the agencies through which our objectives are being set. To answer the question of the noble Lord, Lord German, on joint working with Europol, we have 20 officers embedded as liaison officers in Europol headquarters, with teams across the European community. It would be challenging, and perhaps—dare I say—inappropriate to set statutory requirements that would seek to establish joint taskforce operations when these are currently operational decisions. Those operational decisions have the full support of government to work closely with Europol to help with data, criminal investigations and to ensure that we work in partnership. That is vital, given that many of the criminal gangs are operating in the European Community—in Germany, France, Belgium and Holland. That is why the Border Security Commander, as well as working closely with Europol, has established and worked with the Calais Group, its member states being France, Belgium, Holland and the United Kingdom, looking at close co-operation in those areas. We are ensuring that we have adequate resources for law-enforcement agencies to enhance participation in Europol’s anti-trafficking operations. There is regular interaction with Europol, and the commander is already providing strategic cross-system leadership across current and future threats to UK border security, protecting the UK border and going after the people-smuggling gangs. We believe that the legislation strikes that operational balance but also ensures that law enforcement and the UK intelligence community are supportive of the commander’s approach. By establishing that clear direction and leadership, we are creating a strong, cohesive system to boost the activities of Europol as a whole. There is a very strong operational relationship with Europol, led by the National Crime Agency. The director-general of the National Crime Agency regularly meets with his counterpart, Catherine De Bolle, to discuss relevant matters. The commander himself has engaged heavily with law enforcement since being appointed. We have doubled our presence at Europol, and we hosted Interpol’s general assembly in Glasgow in November 2024. We have also increased the number of embeds from the National Crime Agency in European organisations such as Europol. On an operational and strategic level, it is in the interests of both Europol—the European Community—and the United Kingdom to have that close co-operation. That is why in the period post the Brexit referendum, I and others argued for that strong relationship: because it was important. As the noble Baroness said herself, a UK citizen, Rob Wainwright, was the leader of Europol when we were in the European Community. I hope that there is not a sliver of difference between us. However, going back to what the noble Lord, Lord Harper, said, the amendments demand an annual report and taskforce co-operation, with us determining a third-party taskforce to be co-operated with. They also demand areas of resource—which we are dealing with, without the attack on operational independence that that approach may involve.