I understand that the conditions are acceptable—indeed, better than those available to many Indian nationals. I understand that they do not share cells and there is a right to exercise and to have visits. Indeed, when families or friends have visited from abroad, these visits have been extensive, affording quality time with the prisoners. As I said to the noble Baroness on the Liberal Democrat Benches, the Diplomatic Service has also ensured that charitable agencies have been involved so that there is other support such as food supplies and access to medical advice.
My Lords, going back to my noble friend’s question, there is no doubt that the people who are put on board merchant ships have caused the greatest drop in piracy in that region. No ship that has had these armed guards has ever been taken by pirates, so this has been very effective. There have always been great complexities associated with floating armouries and the rules they operate under, but they have been to the great benefit of global shipping and we should really support them—indeed, we have, tentatively. Do we give advice to people? A number of companies are involved, and it is no good just saying that it is up to them to do it. Some sort of advice should be given. What is that advice?
Although I understand the substance of the point made by the noble Lord, as a matter of principle it is important to distinguish between the extent to which the Foreign and Commonwealth Office can control the decisions of individuals who decide to work abroad—in any arena—and the extent to which we have to accept that individuals have to make judgments for themselves. As the noble Lord says, it is important to try to address and reduce piracy. It is of course also incumbent on the companies operating in that arena to comply with international law and ensure they do not engage in activity, or find themselves in circumstances, which breach that law. In this case, I understand that the nationals consider they have a defence. The matter is before the Indian courts. We must respect that and leave the Indian legal process to dispatch that obligation.
I thank the noble Lord for the point he makes, but our position on the South China Sea is long standing and has not changed. We have concerns about the tensions and we are committed to maintaining a peaceful maritime order under international law, in particular the United Nations Convention on the Law of the Sea. Of course, a tribunal ruling under that convention is final and binding, and we regard that as a very significant development. However, common sense and restraint have to be observed, and we look to member states to recognise the mutual benefit to all of observing international law and of abiding by the tribunal decision. If one state departs unilaterally from that, all can be prejudiced in the legitimate pursuit of navigating these seas.
My Lords, 71 years ago today, Mountbatten took the surrender of half a million Japanese soldiers, sailors and airmen in Singapore. Up until the mid-1970s, we had a large fleet based in Singapore. We are today the only European power that is part of the five-power defence agreement looking at security in that region. Pretty much all our trade from Japan, China and Korea goes through the South China Sea. Should we not show more support to the Americans in trying to establish security within that region, where we are also the largest European investor? This is too important to us to allow it to drift. The Chinese claim that the nine-dash line is a nonsense, and we really do have to be more forceful about this.
I thank the noble Lord for that point. As far as the UK is concerned, the maintenance of freedom of navigation and overflight is non-negotiable. As the noble Lord will be aware, in general, Royal Navy warships and aircraft exercise their right of freedom of navigation and overflight in accordance with international law, as set out in the United Nations Convention on the Law of the Sea. United States warships have carried out a number of freedom of navigation operations in the South China Sea, challenging Chinese, Taiwanese and Vietnamese interpretations of the United Nations Convention on the Law of the Sea. We fully respect the right of the United States to take that action.