Piracy (Somalia)

Debate between Lord Bellingham and John Stanley

Thursday 14th June 2012 Westminster Hall

[Mr Bellingham]

Yes, indeed. It is about a graduated response, and about the members of the armed detachment using their intelligence. If they believe that they or the vessel they are protecting is threatened, they can of course use force. They would probably start by firing a warning shot. If the skiff then disappeared, all well and good, but if it came closer and it was obvious that there were weapons on board, it is perfectly clear from the revised guidelines that the armed guards would not have to wait until a shot was fired at them or in their direction. We go a long way to giving the clarification that is need.

[Sir John Stanley]

As the Minister is aware, his Department employs private armed security guards in a number of locations around overseas embassies and high commissions. Will he make available a copy of those rules of engagement to the members of the Committee?

[Mr Bellingham]

My right hon. Friend was a senior Minister and had a distinguished military career, and he has stayed in many embassies and high commissions. He will know the work done by the armed guards, who we often employ from companies such as G4S. I will certainly consider whether the document can be made available.

I want to make a few additional points. I think that the Committee was looking for clear but comprehensive rules of engagement, and we have not gone as far as it would have liked. That is, first, because companies must seek independent legal advice. Furthermore, merchant shipping can be subject to multiple jurisdictions. On board a UK flagged vessel, persons are subject to UK domestic laws; they may also be subject to different domestic jurisdictions and equivalent laws depending on the offence committed, the nationality of the person taking the action, the person against whom the action is taken, and whether such an action takes place in international or territorial waters. It is not straightforward, and it can be incredibly complicated. I do not like to see advice saying that it is up to the court to decide, because it brings to mind the debate in the previous Parliament on what force a household can use to defend its property: time and again Ministers would say that it was up to the court to decide, but actually we did not want householders dragged into court. However, in the unfortunate event of such a case going to court, it is up to the law of the land in that particular state or jurisdiction to determine whether the force used in the unique circumstances of the case was lawful.

That is why we have not gone into the level of detail that the Chairman of the Committee would perhaps like to have seen. We have not laid out rules of engagement and rules on the use of force that cover every single eventuality. There has to be a graduated approach, and we must take the realpolitik view that every single circumstance and occasion will be unique. To be too prescriptive would be a mistake.

In addition to producing our national guidance, we—I say “we”, but it is more or less my hon. Friend the Shipping Minister—have played a leading role in the development of international guidance on the use of private armed security personnel for our leading role in the contact group. After detailed work within that body, the contact group has handed its conclusions to the IMO to develop further, and such international guidance will be made available. As I said, this is work in progress and further work is going on, first, on the national guidance that I mentioned and, secondly, on the accreditation process. That is very important. I congratulate my hon. Friend on that work and I hope that he carries on working tirelessly on this agenda.

I think it has been widely accepted that a combination of more robust naval activity, industry self-protection measures and the use of private arms security personnel have all contributed to the reduction in the number of successful hijackings in the Indian ocean, but such activities at sea are only part of the answer. We should not lose sight of the fact that the way to combat piracy is obviously on the land. That point was made by the Chair of the Committee, the hon. Member for Cheltenham and the right hon. Member for Warley. We must look at the political strand, and I will come on to that in a moment in response to the comments made by my hon. Friend the Member for Penrith and The Border (Rory Stewart), but in terms of sustainable solutions on the land, one of the things I was very keen to discuss with the shipping industry—it also featured in the London conference on Somalia—was what we can do to reward those communities, villages and small towns that have driven the pirates out. For example, in Puntland and Galmudug, the local militia have taken control of coastal communities that have previously been subjected to pirate activities. Those communities need to be rewarded, and rewarded quickly. That is why we have worked very hard indeed with the shipping industry, which I am pleased to say has been very proactive on that score, and been able to make some progress.

I am very pleased to say that when the Secretary of State for International Development was in Garowe, he was able to open a new fish market for which money was provided by his Department. We have also, for example, established new youth club facilities in parts of Puntland and looked at projects to increase existing capacity for vocational training and help similar training facilities in parts of Puntland and Galmudug. I am delighted that the UK Government have come up with £2 million for those projects, which has been matched by a $2 million pledge by the four shipping companies that are also very concerned and interested in that agenda. We are very keen to ensure that money goes into those communities that have successfully driven away the pirates.

I should also point out that as well as those fast impact schemes on the land, it is incredibly important that those pirates who are caught are taken for detention, prosecution and then imprisonment. Part of the problem with catch and release was, first, the difficulty of getting a robust prosecution package and, secondly, the question of where to take the pirates. In answer to the point made by the right hon. Member for Warley about whether we would take pirates to the UK, yes, of course we would. If UK citizens or service personnel were injured by pirates, of course, we would look at the evidence and we would consider bringing them to the UK for detention and prosecution.

The most important thing is to ensure that we build up regional capacity for detention, prosecution and imprisonment. I am absolutely delighted that more pirates are now being brought to justice. We recently agreed a new memorandum of understanding with the Government of Tanzania, under which UK naval assets will be able to transfer suspected pirates caught at sea for prosecution in the Tanzanian courts. That has been followed as recently as last Friday with the signature of our Prime Minister and the Prime Minister of Mauritius on a new MOU between us and the Government of Mauritius, which will put UK money into Mauritian prisons and ensure that the Mauritian Government will be able to take more suspected pirates for detention and prosecution. Most important of all, the point being put to us by all these countries is that they will detain pirates and prosecute them, but they do not want to go to the expense of imprisoning them; they believe that those convicted should be imprisoned in Somalia or Somaliland.