Lord Hanson of Flint (Lab)

The noble Lord, Lord Jackson, would expect me to defend the Bill. We have taken judgments on the legislation and taken legal advice internally in the Home Office, and we think that that is a reasonable legislative framework for the operations that we are discussing. We will discuss in later clauses the scrapping of the Rwanda Act and that preventive deterrent, but the whole purpose of the Bill is to provide some measures of deterrence and of punishment for offences that aid and assist the dangerous illegal crossings for individuals who, in being trafficked, face very serious injury or potential death. I want to be clear that these powers are not designed for indiscriminate use. Investigations under these provisions will be intelligence-led and focused on enforcement activity on serious organised crime gangs and their enablers, not on the migrants fleeing persecution or those acting with humanitarian motives. I am not giving the Committee theoretical reassurances: these are reflected in how this will operate. The forces trying to stop the criminal gangs will use any legislation that this House passes to ensure that we act as a deterrent but also, therefore, target those individuals who have committed offences under this legislation. They will have the potential to put forward a defence; the prosecution will therefore have the potential to chop that defence to bits and prove that the actions were malicious, as under the legislation before us. In summary, these clauses contain strong safeguards, including a list of non-exhaustive reasonable excuses, to protect those acting legitimately and in good faith. These safeguards combine with the investigatory discretion that is at the heart of the police’s focus on the real potential criminals in this process, and with the prosecutions that are taken through the CPS and the prosecutions test for charging decisions to be made. Therefore, in my view, the enforcement is targeted, fair and proportionate. I hope noble Lords will reflect on those points as we continue our scrutiny of the Bill. I urge the noble Lord and the noble Baroness to reflect on what I have said and to consider whether I have convinced them. That is a matter for them to consider in due course, but at the moment I cannot accept their amendments. I assure the noble Lord that the report he has produced will be examined and we will give a full response in due course. I urge him to withdraw the amendment.