I will very briefly address something that the noble Baroness, Lady Jones of Moulsecoomb, said about people arriving here directly by aeroplane. As we will see when we get on to the group substituting “arrives in” for “enters”, even if someone came directly by aeroplane, they would not be legally arriving in the United Kingdom. This clause is central to many of the provisions contained in the rest of the Bill. I am extremely grateful to the noble and learned Lord, Lord Etherton, for his important, detailed and necessary exposition of his reasoning. Despite how long it took, it was absolutely essential.
Clause 36 seeks to redefine and undermine Article 31 of the refugee convention in UK law as a basis for penalties and prosecutions. As we discussed in previous groups, there is an accepted and settled interpretation
of Article 31. As Amendments 106 and 107 seek to establish, passing through another country in order to get to the UK is not failing to enter the UK directly or without delay. This should, therefore, not allow the UK to impose penalties or treat asylum seekers less favourably as a result.
Amendment 108 highlights the particular difficulties some asylum seekers could face on account of their protected characteristics. Again, however, I agree with the noble Baroness, Lady Chakrabarti: there should be no reinterpretation of Article 31, no group 1 and group 2 refugees, and no four-year imprisonment because people had no choice but to travel through other countries to get to the UK, whether the UK considers those third countries safe or not.
Clause 36 is the sand upon which this Bill is built, and it needs to be washed away.