My Lords, I will speak to Amendments 130, 131, 133 and 135, which all stem from JCHR reports.
Amendment 130 aims to restore the Government’s original intended drafting. That said that the Secretary of State could authorise action only in respect of certain vessels if the UN Convention on the Law of the Sea, which my noble friend Lady Jolly mentioned, permitted it. However, a government amendment in Committee in the other place deleted that provision. The Minister might like to explain to us why the Government did that. In any case, Amendment 130 prefers to restore compliance with international law in giving orders to foreign ships. After all, the Ministerial Code requires Ministers to comply with the law, including international law, and that must surely include the UN Convention on the Law of the Sea.
Amendment 133, like Amendment 132, is designed to ensure that powers in maritime enforcement, including any force used, cannot be used in a manner that would endanger life at sea—which is pretty self-explanatory. If the Government cannot accept that, it would be rather shocking.
Amendment 131 seeks to ensure that pushbacks are used against unseaworthy vessels—again, a bit of a no-brainer.
Amendment 135 aims to put liability in any civil proceedings squarely with the Home Office, not with an individual immigration or Border Force official. There are significant risks that the powers introduced in Clause 44 and Schedule 6 may break human rights law. The Bill seeks to remove civil as well as criminal liability from officers. This means that anyone suffering harm would have no recourse to an effective remedy. The Government would escape being held to account for killing or injuring a person through negligence or gross negligence. Such impunity is unjustified. It is contrary to various provisions in the European Convention on Human Rights and the HRA. Amendment 135 clarifies that, although individual officers may not personally be liable, the Home Office retains responsibility, accountability and liability in any civil proceedings. I suggest this is where it should lie.