Forty First Report Contents

Instruments drawn to the special attention of the House

Maritime Enforcement Powers (Specification of the Royal Navy Police) Regulations 2020 (SI 2020/1554)

Date laid: 17 December 2020

Parliamentary procedure: negative

This instrument extends maritime enforcement powers to members of the Royal Navy Police. The Ministry of Defence explains that, at present, interventions at sea typically involve joint operations of the police and military, with the police providing the legal basis for intervention. This instrument ensures that if such joint operations are not practicable, the Royal Navy has the legal basis to intervene without the police being present. The instrument was laid as a contingency measure before the UK and the EU reached the Trade and Cooperation Agreement which includes an agreement on fishing. Given the political significance and sensitivity of fishing and any potential enforcement action in this area, the instrument may be of interest to the House.

The instrument is drawn to the special attention of the House on the ground that it is politically or legally important and gives rise to issues of public policy likely to be of interest to the House.

1.This instrument has been laid by the Ministry of Defence (MoD) with an Explanatory Memorandum (EM). The purpose of the instrument is to extend maritime enforcement powers to members of the Royal Navy Police.

The changes made by this instrument

2.Chapter 5 of Part 4 of the Policing and Crime Act 2017 (“the Act”) sets out maritime enforcement powers, which are exercisable by law enforcement officers for the purpose of preventing, detecting, investigating or prosecuting offences committed on board of vessels which are encountered at sea.

3.This instrument specifies members of the Royal Navy Police as law enforcement officers for the purposes of the maritime enforcement powers in Chapter 5 of Part 4 of the Act. According to the MoD, the maritime enforcement powers that are given to the Royal Navy Police include the power to stop, board, divert and detain vessels, the power to search vessels and persons, and the power to arrest persons in England and Wales waters. The powers apply in Scotland waters “where there has been a hot pursuit into those waters”. We understand that in scenarios where there has not been such a “hot pursuit” the Royal Navy Police will still be able to assist the Scottish enforcement authorities. This raises the question whether current operational capabilities are sufficient to deal with potential instances of illegal fishing in Scotland waters.

4.The MoD says that the extension of maritime enforcement powers through this instrument will provide operational flexibility at sea: while the police forces of the UK currently have enforcement powers underpinned by statute, they have only limited capability to intervene at sea. At the same time, the Royal Navy has the operational capability but, without this instrument, would not have a general statutory basis to intervene at sea.

5.The MoD further explains that current practice for interventions at sea typically involves a joint operation, with the police providing the legal basis for intervention and the Royal Navy providing the necessary support. This instrument ensures that in cases where a joint operation may be impractical, for example due to poor weather conditions or the geographical location of the incident, the Royal Navy has the legal basis to intervene without the police being present.

6.We asked the MoD for further explanation of current police enforcement responsibilities and capabilities and the need for this instrument. The MoD responded that:

“The regional police are responsible for maritime enforcement in the waters contiguous with their region; each police force with a coastline is responsible for the waters out to 12 nautical miles from their beaches/coastline.

Some police forces have their own RHIBs (Rigid Hull Inflatable Boats) but few, if any, have anything other than that. This is with the exception of the Met Police (though they are focussed wholly on the Thames and the estuarine approaches to London). Recent discussions with police have stated that they have limited ability to conduct boarding in anything more than the most benign/permissive environments. So in poor weather, or in anything like non-compliant/opposed boardings, Defence would likely to be called upon to facilitate police access. But without the SI, Royal Navy Service Police (RNSP) have no powers and would only conduct a boarding to enable civilian police to achieve a legal resolution. RNSP would only be used alone at the behest of the Home Office/regional police Gold Commander if their own police were unable to reach the scene of an incident in good time.”

7.The MoD told us that while larger vessels, such as frigates, destroyers and carriers, routinely carry Royal Navy Police, smaller vessels do not, but that there are additional Royal Navy Police personnel trained to supplement the offshore patrol vessels in the short term.

8.The EM states that the instrument is “part of contingency preparations that are required in the event that the Transition Period expires without a comprehensive fishing agreement in place between the UK and EU members”. The instrument was laid before the UK and the EU reached the Trade and Cooperation Agreement on 24 December,1 which includes an agreement on fishing. We asked the MoD whether, in the light of the Agreement, this instrument was still required. The MoD responded that:

“As an agreement has been reached, further guidance is being sought from the Defence Secretary to confirm whether he considers it appropriate to revoke the instrument ahead of the intended six-month review.”

Conclusion

9.This instrument extends maritime enforcement powers to members of the Royal Navy Police. Fishing and any potential enforcement action in this area are politically significant and sensitive aspects of the UK’s future relationship with the EU. The instrument is drawn to the special attention of the House on the ground that it is politically or legally important and gives rise to issues of public policy likely to be of interest to the House.