Baroness Hamwee (LD)

My Lords, I think this may be the moment to remind ourselves that “illegal” and “irregular” are not the same thing. Amendment 7 refers to “illegal migrant crossings”. It is not illegal to seek asylum, and a crossing is not the same thing as entry. I ask noble Lords to forgive me for that slightly pompous comment, but I think it is important. I say again that it is the Secretary of State who holds the responsibility and the liability, if you like. I may be misunderstanding this, but there is a muddling of responsibility by, for instance, including prosecutions within the functions and, similarly, running UKBI casework and returns. I would also say on Clause 8 that one cannot know whether someone does not have leave, or has leave obtained by fraudulent means, and therefore the commander cannot leap straight to making arrangements for the return of such persons. I have never been known not to support an amendment that requires consultation, and I am sorry that the noble Lord, Lord Browne, is not here to speak to his amendment, which seems to be in the usual formula. I thought it would be a rather good hook, and I will push it a little by saying that yesterday I received, as no doubt other noble Lords did, a briefing from the Bar Council, which refers to the importance of independent oversight and suggests that the independent inspector—I can never remember the words; the ICIBI—might have a role here. But since the amendment has not been spoken to, I had better not go that far. We have Amendment 25 in this group. Again, it is a probing amendment. Under the Bill, the board is given a function to assist. But, as the commander’s functions are co-ordinating and setting priorities, perhaps “assist” cannot mean an operational role. My amendment proposing “advise” in place of “assist” probes how the Government envisage that the board will function and seeks to understand whether there is or is not—I assume there is not—any operational role here. Amendment 71 is in this group as well, but I will leave my noble friend to introduce that.