Labour rules out Italian-Style migrant boat pushbacks, sparking debate over UK border policy

The Labour minister for border security has stated that Britain will not adopt the controversial tactic of intercepting migrant boats in the English Channel and pushing them back to France, despite the effectiveness of similar approaches in countries like Italy and Greece.

The decision has reignited debates about how best to handle the rising numbers of migrants attempting to cross the Channel, with advocates of tougher border control pointing to successful examples of “pushback” strategies elsewhere in Europe.

During a recent interview, Labour minister Dame Angela Eagle ruled out the possibility of employing Italian-style pushback measures, arguing that such tactics would be incompatible with Britain’s international obligations and could endanger the lives of those attempting the dangerous journey. This approach aligns with the Labour Party’s broader emphasis on humanitarian values and a commitment to the legal frameworks of international refugee and human rights law.

However, the refusal to consider more robust interception measures is expected to draw criticism from those advocating stricter controls on illegal migration, including the Conservative Party and other right-leaning political commentators. They argue that a tougher stance is necessary to dissuade migrants from making perilous Channel crossings, while also reducing the strain on the UK’s immigration system.

Italy and Greece’s Pushback Policies: Why Can They Do It?

Countries like Italy and Greece have employed pushback policies with varying degrees of success in recent years, with Italy in particular taking a hardline approach to migrant boats crossing the Mediterranean. The Italian Coast Guard has been intercepting migrant vessels, often with the cooperation of the Libyan Coast Guard, and returning them to North Africa. Greece has similarly intensified its efforts to push back boats attempting to reach its islands from Turkey.

“In Greece, pushbacks at land and sea borders have become the de facto general policy,” the U.N.’s special rapporteur on the human rights of migrants, Felipe Gonzalez Morales has confirmed.

Both Greece and Italy have justified their tactics by citing the overwhelming surge of migrants during the European refugee crisis in the mid-2010s. Greece, for instance, saw migrant numbers drop from over 850,000 in 2015 to just 12,500 by 2022 after implementing stringent maritime controls. Italy, under previous governments, also adopted stricter border measures to stem the flow of migrants arriving from North Africa, often with the support of other EU member states.

The European Court of Human Rights has also condemned the Greek authorities’ treatment of refugees and asylum seekers in multiple cases.

But are “push backs” illegal?

Professor of Maritime Law, Professor Jason Chuah at The City Law School in London says: 

“Pushbacks are not illegal per se. The Law of the Sea Convention 1982 allows coastal states to take ‘the necessary steps’ to prevent the passage of any vessel that is not innocent. That includes a vessel seeking to unload persons ‘contrary to the immigration laws and regulations of the coastal State’ (art 19(2)(g)).”

However, he points out that the provision does not absolve a state from its duties under the International Convention on Maritime Search and Rescue (SAR) convention. Broadly speaking the convention obliges signatory states, such as the UK, to co-ordinate the delivery of survivors to a place of safety. This may involve cooperating with other states – such as France – to allow the survivors to disembark at a place of safety. 

Pushbacks, as long as they are safe, also seem to be welcomed by many Greek nationals. Poll after poll shows the majority of Greeks perceive refugees as potential threats to their country’s scarce economic resources. Furthermore, more than half of the population support the notion that “refugees will negatively affect the economy due to costs on the already struggling welfare system provisions.”

Prof Yannis Tsirbas, who teaches political science at the university of Athens says the Greek public are proving to be “very insensitive” on the issue. He says: “The government’s stance may be hostile but it has also proven to be a major success.”

The key to Italy and Greece’s ability to enforce these policies has been geographic positioning and the cooperation of neighboring countries like Turkey and Libya. These nations have signed agreements allowing for the return of migrants intercepted at sea, creating a framework for managing migrant flows that is less applicable in the Channel between the UK and France.

Could the UK Implement Similar Measures?

Advocates of pushback strategies argue that the UK should follow the example set by Italy and Greece, claiming such policies could reduce illegal migration significantly. The Conservative Post recently cited Greece’s success in cutting migrant numbers as evidence that similar tactics could work for the UK. Supporters believe that turning back boats to France would deter migrants from making dangerous crossings and ultimately ease the burden on Britain’s asylum system.

However, there are significant legal and logistical hurdles preventing the UK from implementing these tactics. Britain, unlike Greece and Italy, shares a maritime border with France, a close ally and fellow EU member. France has consistently rejected proposals to take back migrants intercepted in the Channel, emphasising that such actions would violate international law unless they were agreed to by both nations. France also argues that migrants who attempt to cross the Channel are making asylum claims in the UK, and therefore must be processed by British authorities.

Additionally, the English Channel is a far narrower and busier body of water than the Mediterranean, raising safety concerns for both migrants and law enforcement officers involved in any attempted pushback operations. Critics warn that pushing boats back could lead to more dangerous outcomes, with migrants taking even riskier routes or being forced to return to unsafe conditions.

Balancing Enforcement and Humanitarian Obligations

The debate over pushbacks touches on broader questions of balancing effective border control with humanitarian obligations. While Italy and Greece’s tactics have proven effective in reducing migrant numbers, they have also been heavily criticised by human rights organisations, which argue that they violate international refugee protections and put vulnerable people at further risk.

As the debate continues, Britain’s challenge will be to find a balance between controlling its borders and upholding its humanitarian responsibilities, a task that is likely to remain at the forefront of political discourse in the months and years to come.