Piracy (Somalia)

Jim Sheridan Excerpts

Thursday 14th June 2012 Westminster Hall

[Richard Ottaway (Croydon South) (Con)]

I welcome the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for North West Norfolk (Mr Bellingham), who has been dragged back at short notice, for reasons beyond his control, but it is to the benefit of the House that he is here today.

May I raise a point of order, Mr Sheridan? This is a debate on the report of the Foreign Affairs Committee, which I chair, about piracy off the coast of Somalia. One of the key recommendations was that the guidance for the use of private armed guards on British ships be revised. In its response, the Foreign Office said that the guidance would be coming out in April. Then we were advised that it was coming out in May. I have no quarrel about that, because it is important to get it right. I was informed at 2.25 pm today that the guidance was published at 11 am this morning and we do not have copies of it. We have not seen it. No effort was made to get it to us at 11 am. Would it be appropriate to adjourn for 10 minutes while the guidance is made available, so that we can have a quick look at it?

[Jim Sheridan (in the Chair)]

Unfortunately, we have to proceed with the business of the House. It is extremely discourteous of the Department to treat the Select Committee as it has done and I am sure that the appropriate people will be aware of exactly what has happened. However, I am unclear how that can be remedied at this late stage. Does the Minister wish to say something?

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I am the Minister responsible for the guidance, although it is not my debate. Clearance was delivered to us only this morning from the Ministry of Justice, and I published it as soon as possible. I apologise to the Chairman of the Committee because he was not given a copy of it. The Chairman is correct: the guidance has to be right, which is why we have published it today. Copies will be here for Committee members before the end of the debate.

[Jim Sheridan (in the Chair)]

Will the absence of the information impact in any way on the debate?

[Richard Ottaway]

I appreciate the Minister’s explanation. I gather that the delay was due to the need for clearance by another Department. However, a large section of my speech relating to this matter and posing questions is now, frankly, academic.

--- Later in debate ---

[Jim Sheridan (in the Chair)]

Unfortunately, I am advised that we have to keep going. I can only apologise.

[Richard Ottaway]

Thank you for addressing the point, Mr Sheridan.

The tenth report of the Foreign Affairs Committee is about piracy off the coast of Somalia, a major problem that costs industry and the world economy billions of dollars and threatens lives. The Indian ocean has become a no-go area for small vessels and is dangerous for large ones. The causes of the problem are many. First, at the heart of it is the fact that, despite the introduction of military forces and private armed guards, still the majority of vessels are unarmed. Secondly, there is a willingness to pay ransoms—a controversial point to which I will return. Thirdly, there are too few naval forces. Fourthly, the pirates are able to operate with relative impunity inside Somalia.

The United Kingdom Government are well aware of the problem and are taking a leading role and, although the Committee makes constructive criticisms of that role, we congratulate them on the steps that they are taking. Concerted international action is needed. The number of prosecutions has increased, but 90% of those detained are released. There is greater use of armed guards and we have regulation and guidance for armed guards. Vessels have been following best management practices. There are issues to do with tracing financial flows: the Committee’s opinion is that financial flows can be tracked—some of the most sophisticated equipment for that purpose is available in this country—and that more can be done in this regard. The Committee believes that there should be at least one UK vessel permanently on station. Of course, we have to support development in Somalia. I shall deal with those points in turn.

The UK is a big player in the world shipping industry, and our part of it is based just a mile or two up the road from here. Shipping and its management comprises 1.8% of gross domestic product. Piracy poses a threat to the UK’s economy and the security of British assets transiting through the area. Some 40% of world trade moves through the region of the Indian ocean, around the horn of Africa, into the Red sea. The danger zone now stretches over to the coast of the Indian ocean. Much of the cargo is insured here in the UK. The total cost of addressing the threat to Britain, the assets and the industry is believed to be in the region of $8 billion to $12 billion per annum.

Attacks on vessels in the Indian ocean have decreased in the last quarter. In the first quarter of 2011 there were 102 attacks, 16 of them successful, whereas this year there were only 43 attacks and only nine were successful. That downward trend is welcome. To give an idea of the sums involved, in 2011, ransoms amounted to $135 million. The opinion of some observers and witnesses who gave evidence to the Committee was that some of that money is going to al-Shabaab, which it is believed has connections with al-Qaeda.

Since piracy started in the region, some 3,500 crew members and officers have been taken captive and been held, and in the last four years 62 have been killed. Currently, 12 vessels are held and 178 hostages are still in captivity. That the figure is lower than it was reflects a welcome trend, but it is important to state that the level of detention remains unacceptable. It must not be believed that we have been successful and this situation must not become the status quo.

The peak from which we are coming down was reached in autumn 2011. I think the reason why the trend is now downward is that the self-defence mechanisms are beginning to make progress. The implementation of best management practices is clearly having a serious effect. It is too soon to see if this is a long-term trend, but it is promising. For the benefit of the House, I should say that best management practices involve self-protecting measures, including careful manoeuvring of ships, having safe rooms on ships and using detection equipment. I commend the industry on the implementation of these practices, as does the Committee, and on the results that this is achieving.

[Richard Ottaway]

The right hon. Gentleman is absolutely right. For small vessels the region is, in truth, a complete no-go area. For the piracy of the 17th and 18th centuries, the prize was the cargo, and the crew walked the plank or went over the sides, but that has changed; now, the crew are equally valuable. That attitude of the pirates is causing the problem. That is not to say that the cargo is not still important—shipowners are paying substantial sums to get their cargo out—but as we see particularly when yacht crews are held, in international terms the yacht is worth nothing while the owners still have a high value.

The Government initially resisted the establishment of private armed security guards on board British vessels. When the Minister gave evidence to us during our inquiry, the Government’s position was that armed guards would not be welcome. However, the Prime Minister announced in October or November last year that we will now put armed security guards on board British vessels, and that view is echoed by the International Maritime Organisation. The Committee welcomes the U-turn.

The operation of a private armed guard on board a British vessel is subject to British law—the law of the flag applies on board any vessel. The Government published interim guidance, at the heart of which was a policy based on the Crown Prosecution Service policy of lawful self-defence. We were critical of that, because the CPS guidance was not written with piracy in mind. Indeed, it states:

“If a…firearm…was used…this may tip the balance in favour of prosecution.”

To me and to the Committee, that seemed to be off-loading responsibility for the use of armed guards on to shipowners. The simple question we posed in our report was: if armed guards on board a ship see an armed skiff approaching, can they open fire? That is the test. The initial interim guidance contained little to help make a judgment on the use of force.

In the Government response, as I pointed out in my point of order, clarification was promised by April 2012, which then became May, then June. I have no idea why there was a delay, but I like to think that it was because international co-ordination and consultation with the IMO were necessary. Indeed, earlier this year, at the invitation of the Department for Transport, I attended a particularly constructive piracy conference at the IMO. What is important, however, is that the UK plays a leading role in the establishment of any guidance, and that is why I regret the new guidance not being available for us to see, because we cannot really comment. We are in limbo—the guidance is out but we are unable to comment on it today. The UK should be playing a leading role, but the issue is current. I want to ask the Government whether they have been happy with the use of armed guards on ships from implementation up to now. How many applications have been received to establish armed guards on board a ship?

The House might be interested to know about the Italian ship Enrique Lexie, which was carrying two Italian marines on board. Though the facts are in dispute, there was an exchange of armed fire with small vessels and two fishermen were killed. For reasons that are not clear, the Italian vessel then went into an Indian port and the marines were arrested amid a dispute about whether the incident took place in international or territorial waters. The matter is unresolved, but the incident highlights the importance of the need for clear guidance and international agreement on the use of force.

We can see how easily diplomatic incidents can occur in the absence of proper guidance or internationally agreed standards. That is mainly because so many factors are involved in international waters, such as a British ship with a foreign crew going into another country’s waters; several jurisdictions are in play. I was interested to read that the IMO has called for an international standard for the use of armed guards, so I shall read the newly published guidance with interest to see whether such a standard has been established. I hope that a Minister might be able to summarise the guidance when he makes his contribution to the debate.

[Jim Sheridan (in the Chair)]

Order. I have every sympathy with the hon. Gentleman and his predicament, but I am reliably informed that document is winging its way towards us and should reach us in the next 10 minutes or so. At the end of the debate, he will certainly have the opportunity to sum up, by which time he might have had a chance to read the document, as will other Members. I am sure that my co-Chair will be sympathetic to his position as well.

[Richard Ottaway]

That is very helpful, Mr Sheridan, and I am grateful to all those involved in expediting the availability of the guidance.

To conclude on armed guards, I hope that UK rules can influence the international debate, to the benefit of everyone concerned.

Another issue that we identified is that there are no regulations on the movement of weapons, and in that part of the world, a lot of weapons are moving around. We clearly need to have a regime for such movements, and I welcome the UK’s introduction of a revised licensing regime in February this year, although that does not tackle the difficulty of floating armouries. Believe it or not, some ships out there will lend guns to ships that enter the danger zone and get them back when they leave. All that is outside the control of any organisation, and an international approach to that difficulty would be appropriate.

The naval response has been better than expected—possibly damned with faint praise—but the truth of the matter is that the Indian ocean is not safe, and to have a 30-minute response throughout the ocean would require the deployment of 80 warships at any given moment, which will clearly not happen. The strategic defence review under way in this country can only heighten the impact on the availability of British ships for deployment, but the UK could have a role to play in providing leadership in operations—we have a good record—perhaps with other countries supplying the ships. As reported by the Ministry of Defence, however, last month HMS Westminster foiled three attacks. Can one of the Ministers present tell us what happened to the suspects from those incidents? Were they detained, released or fended off with no detentions? As I understand it, there have certainly been no prosecutions.

What is needed is international co-ordination. We have the successful UN contact group on piracy and recently—established in February this year—the Regional Anti-Piracy Prosecutions Intelligence Co-ordination Centre in the Seychelles. The centre has to be welcome. It will co-ordinate information on ransoms and target the kingpins in the piracy world.

On the naval response, one of the unexpected side effects is how the international operations have been getting on quite well with one another. We considered a recommendation on whether they should be co-ordinated by a single organisation, but we reached the conclusion that there were bigger fish to fry, rather than having that sort of upheaval at the moment. We have Russian, Chinese, Indian, British and NATO ships there, and given the lack of a big umbrella organisation, the close co-ordination is very welcome.

Turning to convictions, it is difficult to obtain evidence in such situations. Our Committee recommended that more effort should be made, perhaps with the use of video links for witnesses. There are difficulties with various national laws because piracy is a crime in some countries but not others. Implementing such proposals can be expensive for poorer countries.

To date, no suspect has been brought back to the UK for prosecution. We have transfer agreements with Kenya and the Seychelles, and I welcome the new agreement with Mauritius, as I hope that it will result in more prosecutions of suspects. Will the Minister who responds on the memorandum of understanding with Mauritius indicate the conditions that suspects are held in and whether that is monitored. I wish the Government well with implementation of the memorandum of understanding, which sounds to our Committee to be a pragmatic solution. However, if it fails, I hope that the Minister involved will note that the French are now engaged in their second trial of suspects.