Contribution
My Lords, I think it is important to outline to noble Lords the policy objective underpinning this measure, which is essentially to give us a further measure to tackle the facilitation of organised immigration crime online and to ensure that law enforcement agencies have appropriate tools to break down organised crime groups’ exploitation of the online market, including social media.
Online platforms are exploited at scale to promote unlawful immigration services such as small boat crossings and the provision of fraudulent travel documents, and they allow organised crime groups to generate significant profits at the expense of vulnerable migrants. Approximately 80% of migrants arriving via small boats who have been debriefed by Home Office officials have stated that they used social media at a point in their irregular migration journey to either locate or communicate with an organised crime group or its agent. It is therefore essential that we take steps to put pressure on this by providing legislative back-up to the objective of reducing migrant crossings facilitated by social media.
Amendment 13 introduces an offence that criminalises the creation or publication, or indeed causing the creation or publication, of material whose purpose is or has the effect of promoting an unlawful immigration service. Such material will be considered criminal where the person knows or suspects that the material will be published on the internet, or that it has the purpose or will have the effect of promoting unlawful immigration services. There is a clear difference, if we look at the matters before the House today, between legitimate immigration and advice services, and those which offer unlawful services that facilitate breaches in the law of this land and risk our border security. Only online material that clearly has the purpose and intended effect of promoting unlawful immigration is in the scope of this offence, and I think it right that it should be. Exploitation of the online environment is something that organised crime groups are very familiar with and use to promote their services. I think it is widely known and discussed in the public domain, and this Government intend to do something about it.
The amendment will provide law enforcement with another offence to prosecute this type of online activity and will enable easier intervention compared to existing legislation. Under this offence, online material will not need to be linked to a specific instance or attempt of unlawful immigration, as is the case with existing legislation such as Section 5 of the Immigration Act 1971. Specifically criminalising the promotion of unlawful immigration services may lead to better prosecution outcomes, potentially including additional counts on indictment and longer sentences for facilitation of organised immigration crime. I think the whole House will welcome that.
Facilitation tactics have evolved, and it is right that we evolve in response. This complements illegal content duties for online companies under the Online Safety Act—which had its genesis under the previous Government, with opposition support, and the passage of which was completed by this Government—by explicitly criminalising the act of creating or publishing this type of content. Our determination to disrupt organised crime groups is clear, and that is why we are looking at this offence on Report today.
There are intermediate liability protections in place for online platforms, including social media, under Amendment 15, to emphasise that the focus is on those who are creating and publishing the content. Platforms will remain subject to existing duties relating to the management of illegal content, including that relating to organised immigration crime.
Online facilitation or organisation of immigration crime has no borders and therefore the majority of related online material identified is assessed—sadly—as posted overseas. It is therefore important that, through Amendment 18, the offence has extraterritorial effect and can be applied to online material created or published anywhere in the world, or by a person of any nationality. That is an important safeguard; again, it will take some work, but it is important that we put that down as an appropriate tool for those who operate from abroad. When we have those arrangements, we can in some cases extradite individuals to face justice in the United Kingdom if we have the relevant agreements.