Border Force is refusing to implement the home secretary’s plan to turn back migrant boats for fear it will lead to more migrants dying.
The Home Office said yesterday that a record 853 migrants crossed the channel on Wednesday, taking the number this year to 21,050 — double the number for all of last year. Three migrants died trying to make the crossing in separate incidents this week.
At the Tory conference last month Priti Patel announced her plan to turn back migrant boats after taking legal advice.
The Times has been told that Border Force, which has operational control, has repeatedly rejected requests by the Home Office to use the approach. It cites objections such as the weather and the size of the boats being intercepted.
Border Force officials saidthey believed that the policy would never be put into action because of the many conditions that must be met and the lack of support for the policy at the agency.
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“There is fairly universal agreement that this is not likely to ever happen,” one Border Force officer said. “The captains of the cutters have control of the process and in practice, if they’re not willing to use it, it will never happen.
“We will not be easily pushed about by Priti Patel. But ultimately it’s a decision for the captain and nothing can override the right to captain their vessel.”
A Conservative MP and ally of Patel said: “People should be in no doubt about Priti’s determination to stop the boat crossings, whatever unionised officials say. If they won’t do it, she’ll find people who will.”
The so-called turnback powers are ready to be used after Boris Johnson gave the green light at the end of September and Border Force has been seen practising the tactics off Dover. The turnback involves three Border Force jet skis surrounding a migrant boat and directing it back to France.
Guidance states that the tactic can be used only in a section of the Channel that is 1.8 miles wide, and a commander can give the go-ahead only if they have confirmation that a French navy or rescue vessel is available to escort the migrant boat back.
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Many safety and legal rules must also be met, such as the weather, sea conditions, size of the boat, number of migrants and if they have lifejackets.
When Australian and Greek officials used similar tactics, migrants threatened to jump overboard to force the authorities to rescue them.
Lucy Moreton, of the Immigration Services Union, which represents frontline Border Force staff, said the tactics were unlikely ever to be used because of the risk of killing people.
Patel was said to be “frustrated” at Matthew Rycroft, her permanent secretary, who told MPs in September that Border Force would turn back only a “small proportion” of migrant boats and that the plan would rarely be used due to the rules that had to be satisfied.
Moreton said: “Safety at sea is paramount and we’re not permitted to attempt a pushback against a boat that is legally defined as vulnerable. The smaller a vessel the more likely it is to be ‘vulnerable’.
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“We can’t turn back a vessel that’s going to be in trouble. We can’t turn back a vessel unless the French are there to receive it. And they’ve been clear . . . they won’t co-operate with this policy as they don’t see this as legal.”
Dan O’Mahoney, a former commando who has been appointed to deal with the small boats issue, said: “As we have seen this week, migrants making these dangerous crossings are risking their lives. This is why we will use every tactic at our disposal to bring these deadly journeys to an end.
“People should claim asylum in the first safe country they reach. The government’s new plan for immigration will fix the system, making it firm on those who abuse it and fair on those in genuine need.
“It is critical that we have a safe and legal maritime deterrent in the channel, and our Border Force officers are authorised to use new maritime tactics.”
