My Lords, I will start with Amendment 125. I agree with the need to protect those acting with good and honest intentions in bringing asylum seekers to the UK and to see that they are not treated in the same way as organised criminal facilitators. I am grateful to the noble Lord, Lord Coaker, for raising this point.
Noble Lords will know that, historically, individuals have felt compelled to take compassionate action, and the Government applaud all those who acted throughout history, often at grave personal risk, to bring people to safety. It should also be noted, however, that they were often working with the knowledge of the Home Office and charitable organisations. We have always worked with and listened to humanitarian individuals and bodies that aid and assist refugees, victims of modern slavery and other vulnerable people, and we will continue to do so.
I reassure the Committee that those working openly and transparently with the published aims of an organisation that does not charge for its services to assist asylum seekers, and under its direction, need not fear these measures. However, individuals taking action that ignores lawful controls may well be liable to prosecution. We will very carefully examine the individual circumstances of each case and work with the Crown Prosecution Service in England and Wales, the Crown Office and Procurator Fiscal Service in Scotland, and the Public Prosecution Service for Northern Ireland, which will determine whether a prosecution is proportionate and in the public interest. That relates to the point made by the noble, Lord Paddick, and I will come to that point when we talk about turn-arounds later
To be clear, in answer to the noble Baroness, Lady Ludford, our purpose in removing gain from this offence is more readily to target people-smuggling, where organised crime gangs will conceal their tracks and make it as difficult as possible to prove that they
are gaining financial reward to the standard required for a successful prosecution. We also note that the amendment we tabled at Report in the other place to protect members of the RNLI from the scope of the offence of facilitation, while acting in line with the principles of saving lives at sea, was welcomed by the Joint Committee on Human Rights.