Border Security, Asylum and Immigration Bill

Lord Cameron of Lochiel Excerpts

Committee stage
Tuesday 8th July 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I am afraid that I will again speak against the amendments in the name of the noble Baroness, Lady Hamwee. I recognise that both these amendments are probing amendments, but I suggest they are unnecessary. Clause 16 already provides a robust and comprehensive defence of reasonable excuse for those charged with the offence and collecting information for use in immigration crime. Subsection 8(b)(v) explicitly references those preparing to provide medical care or emergency shelter or supplies. In plain terms, that is humanitarian assistance.

Indeed, subsection 8(c) goes further by protecting those acting on behalf of bona fide organisations assisting asylum seekers. So it is our view that humanitarian activity is not only covered but it is expressly protected in the text. Therefore, to insert an additional, open-ended reference to humanitarian support simply risks introducing ambiguity to a legal provision, which already strikes a careful balance between protecting genuine humanitarian actors while still enabling the prosecution of those who aid illegal immigration. It is vital that the law is clear and enforceable and it is our view that the clause already offers wide and meaningful protection to doctors, volunteers, NGOs and others engaged in humanitarian work.

On Amendment 60, again in the name of the noble Baroness, Lady Hamwee, I completely understand the desire to ensure that legal professionals are not inadvertently caught up in Clause 16, but I disagree with the amendment as it stands. It seeks to add a new limb to the reasonable excuse defence, namely that a person was carrying out a legal activity as defined by the Legal Services Act. It is arguable that that protection already exists in the clause as drafted; it is a flexible and general defence in terms of reasonable excuse, and subsection (8) sets out several examples of what that defence might include: journalism, academic research, rescue efforts et cetera, but crucially also those acting on behalf of legitimate asylum support organisations. I respectfully say that this is a deliberately broad and protective provision. It gives courts ample discretion to protect those acting lawfully, including legal professionals who are working to assist asylum seekers.

As I said, I understand that these are probing amendments, so I am sure it would be of benefit to the whole Committee to hear the Minister’s response, although, as it stands, our perspective on this matter is that the clause as drafted provides adequate protections for those acting in good faith.