Nationality and Borders Bill

Baroness Jolly Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Jolly (LD)]

My Lords, my remarks concern maritime enforcement, as proposed in Schedule 6.

The United Kingdom has a long and proud maritime tradition and has been at the forefront of promoting safety at sea. Indeed, the International Maritime Organization, responsible for the Safety of Life at Sea convention, is based on the other side of the river, just a few hundred yards upstream. We are rightly proud of all our mariners who, on a near-daily basis, rescue those in danger at sea. Of particular note, with respect to the Bill, are the volunteers of the Royal National Lifeboat Institution and Border Force, who saved the lives of many thousands of desperate people crossing the channel in inadequate boats and found themselves in extreme peril. I pay tribute to their professionalism, humanity, skill and dedication and condemn the unwarranted criticism they have received in the darker reaches of our media.

No one doubts that there is a problem with people crossing the channel by inadequate means. Desperate people seeking a safer or better life are preyed upon by boat traffickers. This sordid trade must be stopped, but this Bill will be ineffective and encourage even more dangerous choices by migrants.

It may be the policy of this Government to control asylum by making an already hostile environment even more dangerous, as proposed in the Bill. But to do so will be unnecessary, disproportionate, and possibly even unlawful. International law requires the master of every vessel to go to the aid of those in danger of being lost at sea. This duty is embedded, and has been for centuries, in every mariner’s psyche. Critical to the success of any maritime rescue operation is an early, rapid and determined response to a signal of distress. The Bill makes it an offence to provide assistance to those seeking asylum, including those at sea. It should be amended to make it clear that responding to a distress signal at sea, as required by international law, will never risk prosecution. The sovereignty of the United Kingdom extends to the territorial sea and the Government have the right to prevent passage which is not innocent. However, this right can be exercised only in accordance with international law. I am concerned that the duty not to endanger the safe navigation of any vessel during enforcement operations is being disregarded.

I shall explore in Committee just what is the “reasonable force” authorised to be used in the typical circumstances of an overloaded rubber boat crossing the channel. If the Government argue that euphemistically labelled “pushback tactics” on civilian vessels will be limited to those of a particular size or seaworthiness, will it not then inevitably lead to migrants deliberately choosing smaller, more dangerous vessels in which to make their crossing? When “reasonable force” is being used to remove a migrant vessel from territorial waters, what duty of care does the enforcement vessel have to the persons removed? I believe the Government have misjudged the practical consequences of this removal policy. Only when the master of an enforcement vessel is satisfied that there is no danger to the safe navigation of the target vessel can any forced removal be contemplated. Perhaps a statutory code of conduct for maritime enforcement needs to be added to the Bill. I wonder whether the Minister would agree. I am sure we could create an extra schedule for it.

Finally, the Bill provides extensive powers of enforcement over foreign ships in foreign and international waters. I am sure that we will explore in Committee the basis of this extension of jurisdiction in the framework of long-established international laws of the sea. The truly dreadful situation in the channel, with asylum seekers and other migrants being forced to cross by inadequate means, needs to be discouraged and stopped altogether. The Government’s current policy is to bully those seeking to cross the channel into even more dangerous situations than they already are in. As it stands, the Government’s policy will fail and damage our reputation for safeguarding life at sea. This policy for maritime enforcement would put a stop to dangerous channel crossings in a humane and compassionate manner. It would save lives, preserve our maritime heritage and respect international law.