Labour's Controversial New Small Boats Legislation Retains Previous Measures

The Labour Party is preparing to unveil its new Border Security, Asylum and Immigration Bill, which is set to include several contentious policies that the party once opposed. Among these are provisions that prohibit migrants from utilizing protections available under the Modern Slavery Act of 2015, as well as authorizing the detention of child refugees for periods of up to 28 days. Sir Keir Starmer has stated that this legislation is intended to dismantle human trafficking networks and significantly lower the number of individuals arriving illegally in the UK via small boats.

Previously, Labour had criticized the Conservative government for compromising slavery protections with the 2023 Illegal Migration Act, a bill they consistently opposed. Despite these criticisms, the new legislation reportedly does not reverse many of the problematic measures established by the former government. This includes the restriction that keeps victims of modern slavery, who entered the UK unlawfully, from accessing the National Referral Mechanism (NRM), essential for identifying and supporting victims.

Concerns have also been raised regarding the legislation's implications for trafficking victims. For example, Jess Phillips, the safeguarding minister, labeled the bill a “traffickers’ dream,” highlighting the potential risks it poses by obscuring modern slavery victims from authorities. Meanwhile, the Conservative government maintains that the NRM has been exploited by migrants seeking to evade deportation.

The new bill is expected to retain measures from the previous illegal migration act, including the ability to detain unaccompanied minors for up to eight days, and potentially longer if their age is contested by authorities. Furthermore, it is projected to uphold the cap on the number of migrants permitted to enter through safe and legal means each year, a decision attributed to the need to placate criticism from both the Conservatives and Reform UK.

Significant enhancements are anticipated in the crackdown on people-smuggling operations, with new laws empowering authorities to impose travel bans and enforce social media restrictions on suspected perpetrators. Current court regulations that enable courts to limit the actions of those involved in organized immigration crime will be strengthened, with suspects potentially facing bans on using laptops, mobile phones, or engaging with specific individuals.

Home Secretary Yvette Cooper emphasized the need for robust international cooperation to combat dangerous criminal organizations profiting from undermining border security and jeopardizing lives. She expressed confidence in providing law enforcement with enhanced powers to target and dismantle these networks as part of the government's broader agenda to deliver safer environments and strengthen public services. The Home Office has been approached for further comments on the new legislation.