Lord Cameron of Lochiel (Con)

My Lords, the two amendments in this group are to do with expanding two of the offences in the Bill as drafted. The Bill criminalises only the supply or offer to supply articles for use in immigration crime but fails to cover what is often a critical precursor to that act—the possession of such articles with intent to supply. My amendment seeks to address what we say is a clear loophole in the Bill. If someone is found holding forged documents, counterfeit passports, boat parts or other materials commonly used to facilitate illegal entry with the clear intention of supplying them to others, that is not innocent behaviour; it is preparatory, deliberate and deeply harmful to the integrity of our immigration system. We do not accept this kind of gap in legislation dealing with drug offences or the possession of firearms. Section 5 of the Misuse of Drugs Act 1971, for example, criminalises possession with intent to supply controlled drugs. If we do not accept such gaps in other legislation, we should not accept them here. The Government have talked up their expansion of border security powers, and the Prime Minister has spoken of providing counterterrorism-style powers. If so, all possible loopholes in these offences should be closed. If we are serious about disrupting organised networks and cracking down on those who profit from unlawful immigration, the law must allow us to intervene before the supply takes place, not simply after the fact. Amendment 30 would therefore simply bring the offence in Clause 13 into alignment with other similar offences. It aims to strengthen the clause and close the loophole. The other amendment I propose to the offences regarding articles for use in immigration crime is Amendment 39. This amendment is intended to help the Government by strengthening the offence in this clause. It looks to close another loophole that could permit smuggling gangs to escape conviction. The effect of this amendment would be to expand the offence of handling articles for use in immigration crime to cover a crucial additional scenario—namely, where a person arranges for one person to receive a relevant article from a third party. That may seem like a small change, but it would address a significant gap. The current law targets those who receive, arrange to receive, remove or dispose of such articles themselves, or who assist another person to remove or dispose of relevant articles. They are rightly included in the nature of the offence in the Bill. But, as it stands, were a person to arrange for two other people to exchange a relevant article, the person who organised such an exchange could escape liability. Therefore, they would not be liable for criminal penalty, despite clearly being a at the heart of the offence committed. This is particularly important given that, in the world of organised immigration crime, individuals often seek to insulate themselves by arranging exchanges between others, keeping their own hands clean while remaining the central co-ordinator, and often beneficiary, of criminal activity. This amendment would simply ensure that those who orchestrate these exchanges are held to account just as much as those who carry them out. If we are to deter and disrupt the criminal networks profiting from illegal migration, we must be prepared to legislate against the full chain of facilitation and not just the visible ends of it. I respectfully submit that the Minister should think carefully now about these kinds of loopholes that the Government risk creating in the legislation, which can be easily identified if a practical operational perspective is taken. I hope he accepts these amendments, and I beg to move.