My Lords, I thank again all noble Lords who have spoken to these amendments. I will start by addressing Amendment 120. I am grateful to the noble Lord and the Joint Committee on Human Rights for drawing attention to this complex problem caused by changes in the way that people have sought to come to the UK through irregular routes, particularly through the use of small boats.
Many of the individuals involved are intercepted in UK territorial seas and brought into the UK because they are in distress and need help. It is right that we do so, but the interception means that legally they arrive in, but do not enter, the UK. The effect of this amendment is to prevent the prosecution of those arriving migrants who are visa nationals and whose actions mean that they did not and could not arrive in the UK and seek entry as required.
The UK is currently experiencing a serious problem of small-boat arrivals with migrants crossing from the continent, sometimes in the process recklessly and unnecessarily endangering themselves and others in small craft which are unseaworthy or wholly unsuitable for the crossing. Many of these vessels break down or founder and are intercepted and rescued by UK personnel on safety of life at sea grounds. The rescued migrants are generally brought to Dover, including pregnant women and children.
We need to reduce the allurement of the UK as a destination of choice for those who disregard readily available opportunities to seek refuge at earlier points in their journey, and thereby call into question their motives for travel to the UK. We wish to encourage migrants to apply for asylum in the first safe country they reach.
At this point, I want to be absolutely crystal clear about our intentions regarding the offence of arrival without entry clearance. This new offence for people arriving in the UK without the required entry clearance applies to everyone who requires entry clearance for entry on arrival to the UK. This offence will cover all asylum claimants who arrive without the necessary entry clearance. As a matter of law, refugees will be in
scope of the offence, but decisions on prosecutions are a matter for the relevant UK prosecution body, which will take into account the public-interest test.
The noble Lord, Lord Coaker, asked whether every illegal entrant would be liable for prosecution the moment that they arrive in the UK. This is not an attempt to prosecute every illegal entrant. Prosecutions will focus on egregious cases, such as cases where the individual has entered in breach of a deportation order or was previously removed as an illegal entrant or an overstayer. We intend to take a firm stance on such cases in order to prevent inadvertently rewarding such individuals with granted leave, rather than punishing their abuse of the system.