Member

208: After Clause 56, insert the following new Clause— “Duty to enforce maritime safety in United Kingdom waters or the UK search and rescue region(1) The Secretary of State must take all reasonable steps to enforce the provisions of Part IV of the Merchant Shipping Act 1995 (safety) against any migrant vessel operating in United Kingdom waters or the UK search and rescue region that is dangerously unsafe and being used to transport persons to the United Kingdom.(2) The Secretary of State must issue guidance to maritime enforcement authorities (including the Border Force, His Majesty’s Coastguard and Maritime & Coastguard Agency) about the exercise of powers under sections 95 and 98 of the Merchant Shipping Act 1995 (detention of, and offences relating to, dangerously unsafe ships) in relation to migrant vessels in the English Channel.(3) It shall be the duty of any designated maritime enforcement authority to act in accordance with the guidance issued under subsection (2) and to cooperate in the detection, detention and prosecution of migrant vessels and persons who commit an offence under section 98 of the Merchant Shipping Act 1995 (owner and master liable in respect of dangerously unsafe ship) in respect of a dangerously unsafe migrant vessel.(4) For the purposes of subsection (1)—“dangerously unsafe” has the meaning given in section 94 of the Merchant Shipping Act 1995;“migrant vessel” means a ship being used for the unlawful or clandestine carriage of persons by water with the intention of facilitating their entry into the United Kingdom (whether or not those persons intend to claim asylum);“ship” has the meaning given in section 313 of the Merchant Shipping Act 1995 and includes any small boat or other vessel used in navigation for carrying persons by sea.”Member’s explanatory statement This amendment seeks to impose a clear duty on the Government to leverage existing maritime safety law as a deterrent against dangerous small-boat crossings in UK waters.