Recommendation 5

Pushbacks are known to endanger lives at sea. This is even more so when dealing with people on small, unseaworthy vessels, in a busy shipping lane, often with rough waters, without appropriate life-saving equipment, as is the case for migrants in small boats in the Channel. The obligations on the UK in such circumstances are to take all reasonable actions to save lives at sea—by establishing a legal and operational framework to ensure that those at risk at sea are rescued; by ensuring that masters of ships take action to save those in distress at sea; and by ensuring that its state agents take all reasonable steps to rescue those at risk at sea. A policy of pushbacks fails to comply with the obligations to save those in distress, contrary to the right to life and international maritime law. Moreover, pushbacks would do the opposite of what is required to save lives. Pushbacks would create a situation where state actors were actively placing individuals in situations that would increase the risk to life. Under the current conditions, we cannot see how a policy of pushbacks can be implemented without risking lives, contrary to the UK’s obligations under the right to life and international maritime law. (Paragraph 55) Legislative Scrutiny: Nationality and Borders Bill (Part 3) – Immigration offences and enforcement 67