Piracy (Somalia)
Debate between Mike Penning and Richard Ottaway(11 years, 10 months ago)
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Richard Ottaway
I am grateful to the Minister for the very detailed response that the subject deserves.
I will not detain the Chamber for long. I have three quick points. The right hon. Member for Warley (Mr Spellar) intervened to ask about the Committee’s position on prosecution policy. I happily confirm that the Committee’s position is as I, and the Minister, set out. It is preferable for a prosecution to be successfully dealt with locally, otherwise it should come back to the United Kingdom.
We have had interesting divisions on ransoms. The truth of the matter is that there is no answer; both arguments are right. There is merit in both sides of the argument. Frankly, it is better to focus on preventing capture than on paying a ransom. There is a difference between corporate interest and the private interest of the yachtsman.
I will conclude with some comments on the guidance. I am grateful to the Department for Transport for providing the guidance during the debate. I have had a brief chance to look at it. There are clearly substantial changes, which are welcome. The Minister is right to say that it is not as much as we were calling for. It is probably best to say that in the preparation of our report, we have had legal advice and I will run the guidance past our lawyers. I recognise, however, that there are important changes. I also note that the Crown Prosecution Service guidance is still incorporated. I suspect that there is no alternative, because that is the law of Britain. Perhaps therein lies the problem—if we are to have a separate law out in the Indian ocean, it would require primary legislation that may not currently be in the coalition’s plan.
The guidance has also thrown up an interesting distinction in devolved law, distinguishing Scottish law and the law of England and Wales. I am not quite sure exactly which applies when the red duster is flying on a ship. However, it is interesting to note, under footnote 15 of paragraph 8.10, that the use of lethal force in Scotland will only be justified in defence of life, or by a victim resisting rape. That is quite a high bar.
Mike Penning
I am very proud to represent the red duster for the UK; this is not a devolved matter. If someone is on a British-registered red duster ship, UK law prevails over international law.
Richard Ottaway
I am grateful for that intervention, which begs a question about the need for a footnote about distinguishing Scottish law and the law of England and Wales. [Interruption.] That is very interesting; piracy off Scotland will have to be investigated.
Clearly, a lot of questions need to be considered, and the Committee will do that. The Minister’s suggestion that we have a further short debate on this subject is constructive. It may not be inappropriate for the Shipping Minister to debate it, but I leave that to others to decide.
Mr Brady, I am very grateful to you for chairing the debate, which has been particularly constructive.
Question put and agreed to.