Refugees and Migrants: Search and Rescue

Lord Elystan-Morgan Excerpts

Thursday 30th October 2014 Lords Chamber

[Lord Bates]

The noble Lord comes to this with huge experience and understanding. However, those obligations which are there under the laws of the sea, maritime law and humanitarian law will remain as obligations on any vessels that actually come across people who are making this journey. The question is how we tackle this increasing trend effectively. This is not for the UK alone; this view was pored over on the basis of evidence, intelligence and information which came to the Justice and Home Affairs Council. All 28 member states agreed—which, as my noble friend suggested, is a pretty rare achievement—that, regrettably, this was having a counterproductive effect.

[Lord Elystan-Morgan (CB)]

My Lords, will the Minister kindly answer a specific question, which I am sure all Members of the House would wish to have answered? If the commander of a British warship is cognisant of the fact that there is a refugee ship within reasonable distance of his vessel which is in peril, does he deviate from his course and pass by on the other side, or does he act in accordance with the law of the sea and the highest tradition of the Royal Navy?

[Lord Bates]

The answer is that he gives assistance to that vessel. That is the law; that is the rule; and that will continue to happen. The vessel should be escorted to the nearest safe port and the passengers’ needs addressed. There is an overlying responsibility, particularly where those individuals may have genuine asylum claims which need to be investigated, to then take them to a place where they can be assessed.