UK Sanctions against people smuggling gangs: legal analysis. By Hugo Lodge.

Introduction

David Lammy’s key promise on 9 January 2025 was that, ‘the UK would be the first country in the world to bring forward legislation to develop a new sanctions regime targeted at organised immigration criminal gangs.’ The aim is to deter and disrupt people smuggling organised crime groups. He will tackle the supply chain of boats and engines, journalists have been briefed.

He set out his vision for a ten year plan which he called ‘Progressive Realism’, referencing Ernest Bevin (Clement Attlee’s Foreign Secretary). Amongst other measures he vowed to ‘smash the gangs’ and use the Irregular Migration Unit to deter illegal immigration.

Earlier, David Lammy told the BBC that measures would involve freezing the bank accounts and assets of ‘those that help to get people into this country’ illegally, as well as travel bans.

Legal Basis for sanctions

The Foreign Secretary did not provide detail in his speech today. His pledge to ‘bring forward legislation’ does not necessarily mean primary legislation. In the opinion of this author, secondary legislation could be laid under SAMLA 2018.

The BBC reported,

‘Under the proposed measures, which are yet to be finalised, UK-based individuals and financial institutions would be banned by law from dealing with sanctioned groups.

The government will bring forward new legislation for the scheme, drawn up by government sanction experts alongside law enforcement and Home Office staff.’

Analysis of SAMLA 2018 powers

In the opinion of this author, section 1 of SAMLA 2018 could be relied upon as it contains the core power for an appropriate Minister to make regulations imposing sanctions for a range of purposes.

By section 1(2)(a) it could be argued that ‘smashing the gangs’ is in the interests of national security.

Further, and given the way the measure was couched today, this could be seen as having the purpose to ‘further a foreign policy objective of the UK government’ by sub-section 2(d).

These gateways give a legal basis for financial, immigration and trade sanctions under section 1 (5).

Notes

FCDO press release: UK to launch world first sanctions regime to snare people smugglers travelling upstream – GOV.UK

See David Lammy’s speech: https://www.independent.co.uk/news/uk/politics/david-lammy-people-smuggler-sanctions-labour-live-b2676470.html

BBC report of radio interview: https://www.bbc.co.uk/news/articles/c23v3gg09m9o

UK sanctions regimes are implemented, post-Brexit, under SAMLA 2018:

Blackstone’s Guide to The Sanctions and Anti-Money Laundering Act | Oxford Academic