Policy paper

Nationality and Borders Bill: Border Force powers to stop and seize small boats factsheet

Updated 13 October 2023

1. What’s the problem?

• We are seeing an unacceptable rise in irregular arrivals from France. These crossings are dangerous, with overloaded boats and busy shipping lanes.

• The recent tragic events in the Channel with at least 27 men, women and children losing their lives trying to cross the English Channel has sharply brought into focus the need to take action.

• The British public have had enough of seeing people die in the Channel while ruthless criminal gangs profit from their misery.

• These crossings are also unnecessary because France is a safe country and people should claim asylum there rather than risk their lives at the hands of criminal smugglers.

2. What does the Nationality and Borders Bill do to strengthen Border Force powers?

• Providing Border Force with powers to stop and redirect vessels suspected of carrying irregular arrivals out of UK seas or return them to where their sea journey began.

• Vessels used to facilitate irregular entry by sea to the UK will be able to be seized wherever they are encountered and, quickly disposed of including through donation to charities if appropriate.

• Putting beyond doubt Border Force’s ability to proactively search unaccompanied containers where there may be irregular entrants hiding in them rather than at present, encountering persons while searching for commodities.

• The Nationality and Borders Bill does not change the government’s approach to existing obligations under international maritime law, including the duty to protect lives at sea. Organisations and individuals will be able to continue to rescue those in distress at sea as they do now. As is the case today, seafarers should contact the coastguard if they see a vessel in distress and help if they are able to. Seafarers will be protected if they were unable to contact the coastguard for a good reason, such as their phone running out of battery or there not being enough time.

3. What difference will new maritime powers make?

• Current powers were not designed to combat the significant growth in the use of small boats over the past 2/3 years.

• The Bill provides greater clarity on being able to use maritime powers to divert vessels out of UK waters, it extends the territoriality scope allowing stop and divert powers to be exercised in international waters and, subject to agreement, in foreign states’ waters, and will for the first time allow intercepted migrant vessels to be taken to a non-UK port such as the country the migrants’ vessel started in. Finally, the bill provides far greater flexibility for the seizure and disposal of vessels used to cross the Channel illegally. 

• The powers do not mean the UK will fail to abide by its international obligations and although there will be no requirement in the new powers to do this, we do not intend to return vessels to another foreign state without first notifying them.

• Important note: the use of the maritime enforcement tactics will only be carried out within the framework of our international obligations on safety of life at sea and the ECHR. Also, in accordance with the requirements of the Human Rights Act, all immigration officers receive relevant training before being able to carry out their duties and exercise powers and must in any event exercise those powers

4. What are you doing more broadly to tackle these small boat crossings?

Stopping the criminal gangs

The UK government, police, National Crime Agency and international partners are taking action at every level to take down the people smuggling gangs who are behind this surge in crossings.

• So far in 2021, investigations by Immigration Enforcement have led to 46 arrests related to small boat criminality and 10 convictions.
• Since 2020, Immigration Enforcement have secured 66 small boat related prosecutions in the UK, totalling over 52 years in custodial sentences.

Working with the French

The UK and France have committed to working together to prevent these crossings.

Our joint working with France through the Joint Intelligence Centre since July 2020 has dismantled 17 small boat organised criminal groups and secured over 400 arrests – taking the criminals behind these crossings off the streets.

But it is vital that we go further and faster to stopping these crossing and do everything possible to stop people leaving French beaches in the first place.