Lord Davies of Gower (Con)

My Lords, I thank the noble Baroness, Lady Hamwee, and the Minister for tabling these amendments. I say at the outset that I am content with the government amendments in this group, but perhaps a little less so with the noble Baroness’s. Amendments 7 and 12 would create gaps in the new offences that would be susceptible to abuse. Those who enter the United Kingdom without valid leave to enter are committing an offence. Those who handle articles which are to be used to facilitate a person’s unlawful entry, contrary to Section 24 of the Immigration Act 1971, will be committing an offence. That is right, but the exception created by Amendment 7 would mean that a person entering the country illegally could not themselves be found criminally liable for the handling of such articles. If that person intends to use that article themselves to enter illegally, I cannot possibly see why they should be excluded from the commission of the new offence in Clause 14. Amendment 12 raises a question about the “reasonable excuse” defence under Clause 16 and whether it would extend to those carrying out legitimate legal services. I am sure that the Government have no intention of criminalising legitimate legal activity but, at the same time, we know all too well that there is an army of lawyers working for so-called human rights charities and non-governmental organisations who indeed seek to use ever more ingenious legal methods to circumvent legitimate deportations and removals. Amendments 10 and 11 concern the offences relating to prohibited items in accommodation or transport facilities. Government Amendment 10 proposes to exempt items “designed for use for the purposes of personal cleanliness or personal hygiene” from the relevant offences, and Amendment 11 sensibly limits that exemption so that dangerous articles, such as blades, glass or aerosols, are not inadvertently permitted. These amendments appear to be a reasonable and pragmatic attempt to ensure that the legislation does not extend beyond its intended purpose. We do not want to see a situation in which a detainee or asylum seeker could be criminalised for possessing a bar of soap or toothpaste, and the carve-outs in Amendment 11 should ensure that safety is not compromised.