My Lords, Amendment 63 seeks to future-proof the offence in Clause 18 of endangering another during a sea crossing. As currently drafted, the clause risks failing in its central purpose: to deter and prosecute those whose actions endanger lives at sea, regardless of where they are travelling from. Perhaps we should remind ourselves of what Clause 18 is intended to do. It is designed to create an offence for conduct that places others at serious risk of harm during unauthorised maritime crossings to the United Kingdom. That is a vital and necessary objective, especially given the number of people who choose to make this crossing—the number has breached 20,000 this year so far, a record high—and the very real risks of injury and loss of life for those involved.
However, as it stands, Clause 18 applies only to those travelling from France, Belgium or the Netherlands. I understand completely that those three countries are where the small boats are currently leaving from, but it is not necessarily true that this will always be the case. While this territorial limitation is not entirely arbitrary, it is illogical—it is predicated on a snapshot of today’s dominant routes, but we know all too well that the modus operandi of smuggling gangs is constantly evolving. Routes shift; departure points change. Those intent on profiting from human desperation will exploit any gap in enforcement or jurisdiction that we leave behind. What happens when a boat departs from Denmark, Germany or further afield? What if a criminal network re-routes its operations through new maritime channels not explicitly listed in the Bill? Are we to say that the same dangerous conduct, the same reckless disregard for life, somehow falls outside the scope of the offence? That is not a credible position, and neither is it a safe one. This amendment would ensure that the law is not constrained by geography. It would ensure that we legislate for principle, not convenience; that we criminalise the act of endangerment itself, wherever it occurs, not merely based on where the journey begins.
Our Amendment 64 in this group speaks to another critical shortcoming. The Bill as drafted appears to require a discrete, identifiable act that causes or risks serious harm, but in the case of these maritime crossings, the danger is not always the result of a single act. It is inherent in the crossing itself. It lies in the overcrowding, the use of flimsy dinghies and the absence of life jackets, navigation tools or any basic safety standard.
The act of stepping aboard such a vessel with others, knowing that it is patently unsafe, is itself the creation of danger and the act which places lives at risk. This very principle was, at the end of last week, endorsed by the Home Secretary, when she said that:
“Everybody who is arriving on a boat where a child’s life has been lost, frankly, should be facing prosecution … If you get on to a boat which is so crowded that a child is crushed to death in the middle of that boat … you should face some responsibility and accountability for that”.
We wholeheartedly agree, and our amendment seeks to incorporate this principle of collective responsibility into the Bill. Our amendment differs from the principle set out by the Home Secretary in one important way. It recognises this risk pre-emptively. It does not require tragedy to occur before the law is broken. If we are serious about saving lives, we cannot wait for them to be lost before we act. We need to intervene to ensure that actions taken to endanger life are themselves illegal.
The Government already recognise that the act of getting into a boat is dangerous and that everyone who gets into that boat is thereby creating a risk for other people. We therefore hope that they will agree that this principle should be applied proactively to save life, not just reactively once it has already been lost, and adopt this amendment to the Bill. The amendment is about targeting those who act with recklessness or self-interest in ways that expose others to mortal peril. We all recognise that the act of getting into a boat is creating that risk. This is our opportunity to combat those who, regardless, choose to do so.
The House has a duty not only to scrutinise the law but to ensure that it aligns with lived realities. Our amendments would make it clearer, more enforceable and more consistent with the Government’s stated goals.
On the other amendments in the group, Amendment 65, tabled by the noble Baroness, Lady Hamwee, would insert a requirement that for an offence to be committed under Clause 18, the individual must have acted “intentionally or recklessly”. The stated aim is to ensure that the offence targets people smugglers rather than those seeking asylum. However, this entirely misunderstands the purpose of the clause and the reality of these dangerous sea crossings. The threshold for this offence is already clear. It requires that a person commits an act that causes or creates a risk of death or serious injury during an illegal maritime journey.
As we have rightly recognised in our own amendment, the very act of boarding a dangerously overcrowded and ill-equipped vessel to cross the channel is reckless. It is done not in ignorance but knowingly, with an awareness of the risks not just to oneself but to others on board. This therefore automatically meets the “intentionally or recklessly” threshold that the noble Baroness talks about. To insert this new mental element, “intentionally or recklessly”, is not a clarification but an unnecessary restriction. It risks introducing a legal loophole that could allow individuals to escape prosecution, even where their actions had demonstrably endangered lives. We must not forget that the endangerment to life is a collective responsibility. The people whom we are talking about have knowingly made the decision to endanger themselves and, crucially, others.
This offence is not designed to criminalise those merely seeking safety; it is designed to ensure that anyone, whether a smuggler, pilot or fellow traveller, who engages in conduct that places lives in jeopardy can be held accountable. We cannot allow the law to be softened to the point where it fails to deter the reckless behaviour that is putting people, including children, at risk. This is not an academic concern. People have died making this crossing. People will continue to die making it unless we take robust action now which recognises the danger that this collective action creates.
Amendment 66, tabled by the noble Lord, Lord German, addresses a similar point and falls to the same problem in assuming that endangerment to life is an act that can be limited to a small number of people who are likely not on the boat at all. We must ensure that we prosecute people for the actions that they take, the risks that they run and the danger that they pose to others. Whether this is done for personal or financial gain is an unnecessary additional clarification which misses the point that the people whom we are talking about have endangered lives and well-being simply by choosing to get into the boat in the first place.
Finally, Amendment 67, in the name of my noble friend Lady May, serves as an important reminder in this debate that we need to consider the plight of those acting under duress of slavery, but I have to say to her that we have the same concerns about this amendment as those which I raised earlier. I am conscious of what my noble friend Lord Cameron said on an earlier amendment, which is that it risked creating a loophole which could be exploited by bad actors looking for a way to get out of being held to account for the crimes they will be committing. That said, I welcome the amendment from my noble friend, again on the grounds that it raises important issues which I hope the Minister will fully address in his response. I beg to move.