Key Facts

• Government amendments 111 to 117 are discussed.
• Amendment 188 requires a report on clause 36 implications for devolved criminal justice functions in Northern Ireland and Scotland before it comes into force.
• The report must include assessments, financial implications, consultations with bodies listed.
• Amendment 188 is under consideration by prosecuting authorities.
• Scotland and Northern Ireland have responsibility over criminal justice systems independently.
• Officials have shared information about impacts and costings with Scottish Government, Crown Office, Procurator Fiscal Service, and Department of Justice NI.
• The UK faces a serious problem of small boat arrivals carrying illegal migrants in unseaworthy vessels.
• Maximum sentence for entering the UK in breach of a deportation order will be increased from six months to five years.
• New offence of arriving in the UK without entry clearance when required is proposed.
• Clause 60 was one of six marker clauses drafted at introduction.
• New clause 21 would allow the Secretary of State to create rules for an ETA scheme under section 11C of the Immigration Act 1971.
• New clause 22 incentivises carriers to check that passengers have the appropriate permission before boarding, avoiding civil penalties.
• Clause 37 sets out a framework for arresting, prosecuting, and imprisoning asylum seekers and refugees.
• There are concerns about families being separated if one member is accused of committing a criminal offence under the clause.
• The clause may lead to years in prison for those who arrive without proper documentation due to ignorance or mistake.
• Clause 37 penalizes those who enter the UK illegally or without valid entry clearance.
• The maximum penalty under clause 37 increases from six months to four years’ imprisonment.
• The French government has been threatened with a reduction in funding if they do not stop illegal crossings; specifically, £54 million could be withheld.
• Clause 37 would criminalize asylum seekers based on their intention upon entry.
• Implementing clause 37 could lead to tens of thousands of people serving time in prison.
• The Refugee Council estimates an additional cost of up to £400 million per year for imprisoning asylum seekers.
• Amendment 33 aims to delete subsection (2) from clause 38.
• The amendment seeks to maintain the requirement of 'and for gain' in section 25A(1)(a).
• Clause 38 proposes to remove 'and for gain', broadening the offence to include altruistic actions.
• Sir Nicholas Winton and Royal National Lifeboat Institution are cited as examples of potential criminalisation under clause 38.
• Clause 38 of the Nationality and Borders Bill is seen as unworkable and potentially unlawful.
• Article 98(1) of the United Nations Convention on the Law of the Sea obliges ships to render assistance to persons in danger at sea.
• Paragraph 2.1.10 of the annex to the International Convention on Maritime Search and Rescue explicitly requires assistance for any person in distress at sea, regardless of nationality or status.
• Hon. Members raised concerns about drawing wrong people into investigative and judicial process.
• Amendment 33 aims to retain constraint requiring proof of offence, limiting responses to those committing the crime.
• Gale understands complexity and intends to prevent loopholes for criminal gangs exploitation.
• Amendment aims to protect organisations that aim to save lives at sea from prosecution.
• RNLI has saved more than 300 lives on the Thames since 2002.
• The Bill could risk criminalising voluntary assistance for rescue operations.
• Removal of 'for gain' in clause 38 endangers maritime commitments and national duties to save life at sea.
• The Bill risks discrimination against non-white UK nationals.
• Private seafarers may refuse assistance based on their beliefs about who 'looks' British.
• The UK has a duty under the UN Convention on the Law of the Sea (UNCLOS) to provide assistance at sea.
• Regulation V of the Safety of Life at Sea convention obligates masters of ships to assist persons in distress.
• Article 10 of the Salvage Convention establishes a duty to render assistance unless it poses serious danger.
• The RNLI has a proud royal connection.
• Two men were rescued off the coast of Harwich, but a search and rescue operation had to be called off after another person was reported missing.
• Section 25 of the Immigration Act 1971 is key for controlling illegal entry facilitation.
• Government amendment 82 would allow officers to assess welfare risk before taking action.
• Government amendment 83 requires the Secretary of State to publish a list of states and territories for returning or removing asylum seekers within 30 days of Royal Assent.
• Amendments require relevant officers to have passed training in accordance with the Human Rights Act 1998.
• Government amendments remove text from the Bill considered non-essential.
• UK is committed to upholding the United Nations convention on the law of the sea.
• Amendments do not result in failing to abide by international obligations or European convention on human rights.