e-Borders
UK e-Borders programme
The Government has, as you will have seen from recent headlines, been busy implementing the programme into the commercial airline and now the ferry sectors.
As a result it has spent little time considering our sector, borne out by the fact that it has not as yet published an explanation of the extent to which and how it proposes to extend the e-Borders scheme to recreational boaters
We have been able to pose questions to the e-Borders Agency but the inadequacy of some of their responses demonstrates how little thought has been applied to-date.
The RYA does not support the UK Border Agency’s proposal to extend the application of the e-Borders programme to recreational boaters. It also considers that any sea border security programme should be intelligence-led rather than involving blanket monitoring of all cross-border movement.
Any proposal to secure the UK sea border in relation to recreational boating will only work if it does not:
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impose unfair or unreasonable restrictions on boaters |
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criminalise law-abiding citizens when they take action in the face of adverse conditions |
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impact on the safety of navigation |
It must therefore be simple and have the support of yachtsmen to be effective.
The proposed e-Borders programme needs to be viewed on two levels.
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Whether as a matter of principle the UK Government should seek to secure the UK sea border |
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Whether the Government’s proposals for securing that border are reasonable, proportionate to the risk and likely to be effective. |
1. As a matter of principle should the UK Government should seek to secure the UK sea border?
The underlying principle of and the Government’s responsibility for maintaining the security of the UK’s sea border has not changed for many decades. This is reflected in the fact that, in its implementation of the e-Borders programme, the Agency has stated that it will be relying on primary legislation that has been in place for over 35 years and will not be seeking any new powers.
The UK has a long history of monitoring its sea border. The UK Customs regime that existed prior to the 1993 EU Customs union meant UK yachtsmen had to notify their departure from and return to the UK on all international voyages. This regime remains in place for boaters sailing to and returning from locations outside the EU.
The UK has for many years experienced acts of terrorism committed in pursuit of a political agenda, and UK citizens do expect the Government to take steps to protect them from such terrorist activity. So, the Government made a commitment in its 2005 General Election Manifesto to implement an electronic borders security programme. There is therefore a strong political motivation to see it happen.
In light of the above, we believe that few if any boaters would object to the principle that the Government should seek to secure the UK sea border against terrorist and organised criminal activity.
2. Are the Government’s proposals for securing that border reasonable, proportionate to the risk and likely to be effective?
We have serious concerns over the mechanism that the Government appears to intend to adopt in an effort to secure the UK sea border and we know that you share our concerns.
The Agency's proposals for extending the e-Borders programme to our sector are still vague but from the little information we have we do not believe the proposals to be reasonable, proportionate to the risk or likely to be effective.
There is a significant risk, however, that without our engagement the Agency might, through ignorance of the recreational boating sector, implement a completely inappropriate scheme that could be disastrous for us all.
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Security of data
We have significant concerns regarding the UK Government’s track record of maintaining the security of data it has gathered. We share the view of the Information Commissioner expressed in his foreword to the Information Commissioner’s Office Annual Report for 2007-2008 that:-
“Just as terrorism and other threats to our national security remind us that privacy and data protection cannot be absolute rights, so the fight against these evils must not run roughshod over our liberties. Sometimes the best-intentioned plans bring the most insidious threats, where freedoms are not appreciated until it is too late to turn the clock back.”
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We put some questions to the UK Borders Agency on the proposed application of the e-Borders programme to recreational boating.
We felt that some of the responses to the questions were disappointing and reflect the Agency's lack of understanding of our sector. Not unsurpringly they generated a strong response from you.
To date, March 2009, the Agency has not published a comprehensive explanation of how they propose to extend the programme to recreational boating sector.
first appeared in
RYA Magazine Spring 2009Q. What is the procedure if an unexpected guest arrives to join my cruising party at the last minute, just prior to departure but after the TDI & SI have been provided?
Agency response
All TDI & SI information must be submitted before departure and it will be the skippers responsibility to ensure that this happens.
Q. If visiting a few ports will I be required to report at the first port and then the next, and so on at every port with a change of country?
Agency response
e-Borders is a UK requirement. You are only required to inform e-Borders of your departure and return to the UK. Any requirement for data at foreign ports should be in line with the requirements of that country.
Q. If data that has been provided to e-Borders is subject to change, for example unexpected crew change, adverse weather conditions, etc. what will I be required to do?
Agency response
The Immigration Act 1971 as amended by the Immigration Asylum and Nationality (IAN) Act 2006 is the primary legislation, under which the e-Borders will collect data. The provision of the data is a legal requirement for all persons entering or leaving the the UK on an international voyage, with no exceptions.
However, from an operational perspective e-Borders does recognise that there will be occasions when data changes, for example, as a result of bad weather. In this situation we would expect the data to be reported as required by the legislation on a best endeavours basis. It would be in the interests of boaters to update the information as soon as possible.
Q. Are all small ports going to be ports of entry and departure? Sailors are often based in, or divert into small ports and harbours of refuge, or even anchor in sheltered bays when bad weather or other considerations dictate. How is this going to be dealt with?
Agency response
The place of landing or departure, no matter the size of port would be the port of entry and departure. The provision of data is the responsibility of the master of the vessel. (e-Borders will work with the RYA when considering alternative methods of data submission).
Q. Has consideration been given to the Coastguard operating the capture of data?
Agency response
The legal responsibility for the provision of the data rests with the master of the vessel. To comply with e-Borders, all pleasure craft on international voyages will be required to provide specified information on crew and passengers.
Q. What are the proposals concerning the Republic of Ireland, where ther are very many cross border trips made daily from Scotland, Wales, N.Ireland and England?
Agency response
e-Borders applies on all international voyages, which includes voyages between the UK and the Republic of Ireland.
Q. How and when will foreigners be advised of these new requirements?
Agency response
The e-Borders programme will be launching a campaign to raise awareness, both within the UK and for those visiting. We will be working with the RYA to identify different ways to raise awareness among non-UK boaters visiting the UK.
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e-Borders: is Big Brother watching you?
Article RYA Cruising News May 2008
The knowledge that you can simply untie your boat and head out over the horizon to whatever destination you choose is intrinsic to the appeal of boating, a concept that was eloquently put by legendary sailor and sometime philosopher Bernard Moitessier in his book The Sea Vagabond s Life ;
'I am a citizen of the most beautiful nation on earth. A nation which is immense and without borders, where life is lived in the present. In this limitless nation, this nation of wind, light, and peace, there is no other ruler besides the sea.'
In reality, most of us will just head across to Cherbourg or trundle along to the next marina, but it is this feeling of freedom that sea travel provides, which has doubtless led to many of our members contacting us in consternation over this proposed scheme.
In theory it could place much tighter controls on the movement of pleasure craft and could ultimately lead to sailors having to inform the government every time they enter or leave the UK.
At first glance, the Home Office seem to have a clear plan for pleasure craft, as witnessed by this statement from a member of their e-Borders team: An electronic border security system will screen all passengers before they travel to the UK.
To comply with the new requirements, pleasure craft on international voyages will be required to provide specified information on crew and passengers including in advance of departure on outbound and inbound voyages.
This is undoubtedly the kind of news which makes any sailor who follows Moitessier s tenets of freedom feel extremely gloomy. Picture a future where you are stormbound, a weather window appears, but you can t leave because you haven t logged your trip.
However delve a little deeper, as the RYA have been doing, and the prognosis is far less clear.
Mandy Peters, the RYA s Legal Executive, has been working on this issue and believes that at present the Home Office have only a vague outline of how to deal with pleasure craft. It would therefore be unwise to jump to any conclusions on the ramifications of the scheme.
She said: What is obvious is that the e-Borders team do not fully understand that recreational boating is fundamentally different from commercial airlines and shipping.
Until they have drawn up some clear plans then the consequences of the scheme are pure speculation.
The good news is that the government have identified the RYA as one of the stakeholders in this process and this means that we will be consulted on the scheme and we can work to ensure that it is introduced in a manner which is workable for the boating public.
At present however, it really is a case of wait and see. The RYA intend to meet with the Home Office e-Borders team in the next few weeks which will hopefully provide a few more answers.
Some of the most important matters which need to be addressed are what kind of punishment would be doled out to those who fail to report their boat movements. This leads on to the question of how the system as a whole would be enforced.
There is also a worry that the system could damage the boating industry by discouraging visitors to our marinas. All these issues, and many more, will be put to the e-Borders team on behalf of our members.
Hopefully this next meeting will give us some more clarity. The important thing is not to panic, and find out what we are actually dealing with here. Mandy added.
It is also worth bearing in mind, that up until 1993 HM Customs had a system in place whereby authorities had to be informed in writing regarding the destination of any pleasure craft.
Under pre 1993 rules, sailors filled in forms in triplicate, one part before the boat left, and another when it returned laden with duty free goods.
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e-Borders update
The RYA intends to met with the e-Borders team in June to discuss the scheme and its potential ramifications for UK recreational boaters.
Mandy Peters, the RYA's Legal Executive, has been working on this issue and believes that at present the Home Office have only a vague outline of how to deal with pleasure craft. It would therefore be unwise to jump to any conclusions.
She said: "What is obvious is that the team have not fully appreciated that recreational boating is fundamentally different from commercial airlines and shipping.
"Until they have drawn up some clear plans then the consequences of the scheme are pure speculation. We met with them to provide some guidance on what they are dealing wiyth
The good news is that the government have identified the RYA as one of the stakeholders in this process and this means that we will be consulted on the scheme and we can work to ensure that it is introduced in a manner which is workable for the boating public.
"Hopefully this next meeting will give us some more clarity. The important thing is not to panic, and find out what we are actually dealing with here." Mandy added.