Bernie@Artemisfornow
You want to stop the boats? I've heard all the parties, politicians and commentators say they do. Well, they can't.
In this long post I've put the "solutions" and the reasons why they won't happen.
it's a tangled web of laws and treaties the UK has signed up to, often without a proper parliamentary vote, they make most “solutions” for stopping the boats legally impossible. Don’t forget CRAG ( constitutional reform act 2010) this takes power FROM ministers and was introduced in 2010 by … Labour!
Here are some of the suggestions being made.
1) Push the boats back at sea – Likely illegal under:
▪️International law: UN Convention on the Law of the Sea (UNCLOS), International Convention on Maritime Search and Rescue (SAR), 1951 Refugee Convention (non-refoulement), ECHR Article 2 & Protocol 4, customary law on rescue at sea.
▪️UK domestic law: Human Rights Act 1998, Merchant Shipping Act 1995, Immigration Act 1971.
▪️CRAG link: The UK is bound by UNCLOS, SAR, and the Refugee Convention because these treaties were ratified and remain in force under CRAG; withdrawal would require a formal parliamentary process but is politically almost impossible.
▪️Quangos/bodies: Maritime and Coastguard Agency, Border Force, CPS, UK courts.
2) Arrest every individual as they land and put them in a camp – Likely illegal under:
▪️International law: Refugee Convention Article 31, ECHR Articles 5 & 3, ICCPR Article 9, UN CRC, Council of Europe Anti-Trafficking Convention.
▪️UK domestic law: Human Rights Act 1998, Immigration Act 1971, Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
▪️CRAG link: Refugee Convention, ECHR, ICCPR, CRC and Anti-Trafficking Convention are all treaty obligations under CRAG; the UK cannot act contrary without formally denouncing them.
▪️Quangos/bodies: Home Office, Independent Chief Inspector of Borders and Immigration, EHRC, UK courts.
3) Deport all arrivals – Likely illegal under:
▪️International law: Refugee Convention (non-refoulement), ECHR Article 3 & Protocol 4, ICCPR Article 7, UN CAT.
▪️UK domestic law: Human Rights Act 1998, Immigration Rules Part 11, Asylum and Immigration Appeals Act 1993.
▪️CRAG link: All four treaties (Refugee Convention, ECHR, ICCPR, CAT) bind the UK under CRAG; breaches could be challenged domestically or in international courts.
▪️Quangos/bodies: Home Office casework teams, Immigration & Asylum Tribunals, UK courts, Independent Monitoring Board.
4) Hold all existing migrants in camps – Likely illegal under:
▪️International law: ECHR Articles 5 & 3, ICCPR Article 9, EU Reception Conditions Directive (persuasive standard).
▪️UK domestic law: Human Rights Act 1998, Immigration Act 1971, Immigration and Asylum Act 1999.
▪️CRAG link: ECHR and ICCPR are treaty obligations under CRAG; detention standards also influenced by other ratified agreements.
▪️Quangos/bodies: Home Office, Detention Centre Independent Monitoring Boards, HM Inspectorate of Prisons, EHRC, UK courts.
5) Withhold all charity funds and benefits – Potentially illegal under:
▪️International law: ICESCR Articles 9 & 11, ECHR Article 14.
▪️UK domestic law: Equality Act 2010, Nationality, Immigration and Asylum Act 2002, Immigration and Asylum Act 1999.
▪️CRAG link: ICESCR and ECHR obligations bind the UK under CRAG, meaning social rights cannot be withdrawn without breaching ratified treaties.
▪️Quangos/bodies: EHRC, Asylum Support Appeals Project (ASAP), UK courts.
6) Withhold all but emergency healthcare – Likely illegal under:
▪️International law: ICESCR Article 12, ECHR Article 3, UN CRPD.
▪️UK domestic law: Human Rights Act 1998, NHS Act 2006, NHS (Charges to Overseas Visitors) Regulations 2015.
▪️CRAG link: ICESCR, ECHR, and CRPD are binding under CRAG; denying healthcare breaches treaty obligations the UK agreed to keep.
▪️Quangos/bodies: NHS England, Department of Health, Parliamentary and Health Service Ombudsman, EHRC, UK courts.
7) Do not provide legal aid – Likely illegal under:
▪️International law: ECHR Article 6, ICCPR Article 14, Refugee Convention.
▪️UK domestic law: Legal Aid, Sentencing and Punishment of Offenders Act 2012, Human Rights Act 1998.
▪️CRAG link: ECHR, ICCPR, and Refugee Convention are treaty obligations under CRAG; UK is bound to ensure fair trial and access to legal process.
▪️Quangos/bodies: Legal Aid Agency, Law Society, Solicitors Regulation Authority, UK courts.
8) Deport all migrants failing asylum status – Legal only if safeguards met:
▪️International law: Refugee Convention (non-refoulement), ECHR Article 3, Safe Third Country principle.
▪️UK domestic law: Immigration and Asylum Act 1999, Immigration Act 1971, UK Borders Act 2007, Human Rights Act 1998.
▪️CRAG link: Safe return obligations under ECHR and Refugee Convention are binding under CRAG and cannot be bypassed without treaty withdrawal.
▪️Quangos/bodies: Home Office, Immigration Tribunals, Upper Tribunal, UK courts, EHRC.
9) Keep failed migrants unable to be returned in a secure camp indefinitely or until they agree to be deported – Almost certainly illegal under:
▪️International law: ECHR Articles 5 & 3, ICCPR Article 9, ECHR Protocol 4, Article 15 ECHR (derogation limits), Hardial Singh principles.
▪️UK domestic law: Human Rights Act 1998, Immigration Act 1971.
▪️CRAG link: ECHR and ICCPR obligations under CRAG explicitly limit detention powers; derogations require formal declaration and cannot override absolute rights like Article 3.
▪️Quangos/bodies: Home Office, Detention Centre Independent Monitoring Boards, HM Inspectorate of Prisons, UK courts, EHRC.
so... thats where we are, parties can promise what they like but the truth is, we cant stop the boats unless a leader is willing to break the Quangos and the lawyers, and the law, in order to change the law!
The boats will keep coming…. because they can.
(How's that democracy working out for you?)