Border Force officials are in the final stages of training to use a new tactic to turn back boats carrying migrants across the Channel to the UK.
The move could only be used in limited circumstances – with Home Secretary Priti Patel asked to personally approve it for individual cases.
However France is likely to oppose the idea, believing it dangerous.
The French interior minister said “safeguarding human lives at sea takes priority”.
Rising numbers of migrants have been crossing the English Channel in recent months – and so far this week more than 1,500 people have crossed by boat.
The Channel is one of the most dangerous and busiest shipping lanes in the world. Many migrants come from some of the poorest and most chaotic parts of the world, and many ask to claim asylum once they are picked up by the UK authorities.
The potential plan by the government to turn boats away was first reported by newspapers – and government sources have confirmed to the BBC that a Border Force team has been training for months to begin the operation.
It is understood that the final training may take place within days, subject to the weather – meaning the tactic would then be ready to be used whenever is it practical and safe to do so.
But France has warned against the move. It says it flouts international maritime law, which says people at risk of losing their lives at sea must be rescued.
The government’s lawyers say turning boats back would be legal in limited and specific circumstances – although they have not confirmed what these will be.
Because the legal and safety risks are so high, it is also understood that Border Force chiefs have asked Ms Patel to personally support commanders in decisions to use the tactic, meaning she would have to be available to take a call from a Border Force vessel if and when they believe the tactic can be used safely.
The tactic has never been used before in the English Channel, but it has been in the Mediterranean, said the Immigration Services Union (ISU) which represents borders, immigration and customs staff.
Lucy Moreton from the ISU said she would be “very surprised” if it ends up being used at all – calling it “dead in the water”.
“There are understandably a lot of constraints around it, and you cannot do this with a vessel which is in any way vulnerable.
“But more importantly, you also need the consent of the French to do it. Because as you turn the vessel back towards France, when it crosses the median line it has to be intercepted and rescued by the French, and it appears the French will simply not engage in this.”
What happens to migrants in the English Channel?
- If migrants are found in UK national waters, it is likely they will be brought to a British port
- If they are in international waters, the UK will work with French authorities to decide where to take them
- Each country has search-and-rescue zones
- An EU law called Dublin III allows asylum seekers to be transferred back to the first member state they were proven to have entered but the UK is no longer part of this arrangement and has not agreed a new scheme to replace it
Ms Patel met her French counterpart, interior minister Gérald Darmanin, on Wednesday for talks on the migrant crisis – but the two sides failed to agree any new measures.
In a tweet, Ms Patel said the talks were constructive, adding: “I made clear that delivering results and stopping crossings were an absolute priority for the British people.”
But in a letter to Ms Patel before they met, Mr Darmanin said employing turn-around tactics “would risk having a negative impact on our co-operation”.
“Safeguarding human lives at sea takes priority over considerations of nationality, status and migratory policy, out of strict respect for the international maritime law governing search and rescue at sea,” he said.
In July, the UK and France struck a deal to try and reduce the number of migrants crossing, with the UK promising to pay France £54.2m for extra action such as doubling the number of coast patrols.
Calais MP Pierre-Henri Dumont has said “nothing” can stop the small boat crossings, pointing to the size of France’s coastline.
“The fact is, we’ve got 300 to 400 kilometres of shore to monitor every day and every night and it’s quite impossible to have police officers every 100 metres because of the length of the shore,” he said.
More than 12,600 migrants have made the journey across the English Channel so far this year.
Charities urged the Home Office to take a “more humane and responsible approach” towards asylum seekers.
Amnesty International UK has said people have the right to seek asylum in the UK and “only make dangerous journeys and rely on smugglers because there are no safe alternatives made available to them”.
The Home Office said it continues to evaluate and test a range of safe and legal options to find ways of stopping small boats making the journey.
And the government added that it needs to use every possible tactic at its disposal to tackle people smuggling.
Ms Patel will host the final day of the G7 interior ministers meeting on Thursday, with illegal migration anticipated to be the focus.
Source: BBC