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Border Security, Asylum and Immigration Bill

My Lords, I knew it would be only a matter of time before the debate turned to the European Union. However, I offer some support on this amendment, which seeks to introduce an annual reporting requirement on co-operation between UK law enforcement agencies and Europol. I do so not out of any dogmatic enthusiasm for greater institutional integration with the European Union, but because it touches on something far more important—that the Government should have a duty to come before Parliament and the British people and show us the work they have been doing to smash the gangs.

We have all these questions already—how many gangs have been dismantled, how many people smugglers have been arrested and what impact that has had on the scale of the crossings—so, once this Bill comes into force, the pressure on the Government to answer them will be even greater. To that end, we think the requirement to report these numbers should be set out in law. This amendment speaks to earlier provisions tabled in our name in which we called for greater transparency about enforcement outcomes. If the Government are serious about stopping the boats, breaking the business model and restoring control, they should welcome the opportunity to show Parliament the evidence.

However, I strike a note of caution. While co-operation with Europol is undoubtedly important, it must be driven by operational need, not ideological nostalgia. This Bill cannot be a backdoor to deeper alignment for its own sake. What matters is whether the relationship delivers results and helps our agencies do their job more effectively. If it does, let us support it; if it does not or if resources would be better deployed elsewhere, we must retain the flexibility to make those choices. I support the principle behind the amendment: let us

have the data, see the progress and ensure that decisions about operational co-operation are rooted in the fight against serious crime and not some broader desire to turn back the clock on Brexit. That is the balanced and pragmatic path forward.

The same principle of operational demand underpins our opposition to Amendment 101. We have spoken a lot about giving our law enforcement agencies the tools they need to combat illegal immigration, but we cannot tie their hands. With respect to the noble Baroness, I believe that our authorities can be trusted to determine whether a joint task force with Europol is necessary and I do not think that compelling them to do this in law is particularly sensible.

Our concerns are much the same with Amendment 206. While I am sure that it is well intentioned, I will speak against it. However worthy its stated aim, it rests on a flawed premise: that this Chamber, and individual Members, should be in the business of directing operational law enforcement resources from the Floor of Parliament. Of course we expect the Government to ensure that our law enforcement agencies are adequately resourced. That is a basic responsibility. What I find more difficult to accept is the idea that we should begin legislating where those resources must go, as if we are better placed than the professionals to determine strategic priorities, operational partnerships or the most effective deployment of personnel and technology. Respectfully, what qualifies the noble Baroness, Lady Ludford, to decide by statute how the National Crime Agency or our police forces should engage with Europol? Are we to micromanage from your Lordships’ House the balance between domestic enforcement and international co-operation? I do not believe those on the front line will thank us for it.

We should not forget that enforcement against illegal migration and human trafficking is a complex, fast-evolving challenge. It requires flexibility, responsiveness and operational freedom, not rigid legal mandates handed down from Westminster. If law enforcement agencies judge that Europol operations offer the best return on effort and resources, then they will and should participate. But if priorities shift or if intelligence and tactical realities require a different focus, they must be free to act accordingly.

This is a debate not about whether we support the fight against people smuggling—we all do—but about whether we think Parliament should start signing away operational discretion and tying the hands of those we rely on to deliver results. That is not a responsible use of legislative power. We need to be guided by practical application, not political aspiration. Let the experts lead and let Government support them in doing so, not box them in. For those reasons, I cannot support the amendment.