Asylum and refugee campaigners say the government’s focus on policing powers is at the expense of devising more safe routes for people genuinely in need.
Enver Solomon, chief executive of the Refugee Council, said the government was right to tackle smuggling gangs.
“But we are very concerned that by creating new offences, many refugees themselves could also be prosecuted,” he added.
Other measures in the Border Security, Asylum and Immigration Bill, external aim to make it easier for law enforcement agencies to pursue gangs as they prepare to smuggle people into the UK, rather than have to wait to charge them with crimes after a movement has occurred.
Ministers hope these powers will mean the police will be able to arrest and charge more gang members, or seek their extradition from abroad, before boats have left France.
The proposed powers are based on legal principles that have been used for 20 years to apprehend suspected terrorists at much early stages of their planning.
One of these “preparatory” powers will be a crime of being involved the handling or selling boat parts, where there is a suspicion the trade is for people smuggling.
People who promote crossings, take bookings and arrange for potential passengers to meet boats in northern France could also face prosecution.
Serious Crime Prevention Orders, a power to restrict the liberties of offenders, will be reformed so that the National Crime Agency can temporarily impose conditions on the lives of suspected smugglers, while they build a case.
Those conditions could include bans on travel, internet and mobile phone use and how they can move money.
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