Under the nationality and borders bill, border officials pushing back migrants from the UK (an act that is currently illegal under maritime law) will not be prosecuted in the UK if there are deaths at sea as a result.
Although the number of people crossing the Channel to seek asylum increased significantly in 2021, the UK’s approach thus far has been to protect lives and bring people to the UK. The new bill is intended to prevent people from entering the UK to seek asylum except via existing settlement routes. The law currently makes it a criminal offence for Border Force to place someone at sea in danger of drowning.
The relevant section of the bill reads that an officer is not liable in criminal or civil proceedings for anything done in the performance of functions if the court is satisfied that the act was done in good faith, and there were reasonable grounds for doing it.
Several international agreements exist stating that all people at sea have an obligation to assist others in distress. Critics say that the proposed new Nationality and Borders Bill violates international law. France has already indicated that it will refuse to assist the UK in such matters, with the French minister, Gérald Darmanin, saying: “Safeguarding lives at sea takes priority over all other considerations: nationality, status and migration policy.”
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