Royal Navy Police may exercise specified maritime enforcement powers in defined circumstances, any exercise of such powers requires a legal basis and must be undertaken by authorised personnel, and the department supports government efforts to secure British territorial waters including primary legislation as necessary, according to answers given in Parliament.
Ian Roome, the Liberal Democrat member for North Devon, put five questions on the subject, asking whether the Royal Navy must obtain the agreement and authorisation of a civilian police force before intercepting or challenging a foreign military vessel suspected of posing a threat to national security, whether the requirement for Royal Navy Police to act only at the request of civilian forces should be reviewed, what assessment has been made of legislative change to give Royal Navy Police consistent powers across England, Wales, Scotland and Northern Ireland, how clear the division of responsibilities is between the Royal Navy, the Royal Navy Police and civilian forces, and whether the six-month review of the Maritime Enforcement Powers (Specification of the Royal Navy Police) Regulations 2020, announced on 17 December 2020, was completed.
Louise Sandher-Jones, the Minister for the Armed Forces, gave the same answer to all five: “The Royal Navy works with the Home Office, civilian police and partners across government to protect UK territorial waters, and respond to threats.
“Responsibilities and authorisations depend on the circumstances and proposed action. Defence may support civilian authorities through established Military Aid to the Civil Authorities arrangements, while any exercise of maritime law-enforcement powers require a legal basis and must be undertaken by authorised personnel.
“Royal Navy Police may exercise specified maritime enforcement powers in defined circumstances. Any review or change must reflect operational needs, applicable law and the UK’s different jurisdictions. As the threat picture changes, the MOD supports HMG efforts to ensure the continued security of the UK and our territorial waters, including primary legislation as necessary.”
The maritime enforcement regime comes from the Policing and Crime Act 2017, which gave designated officers powers to stop, board, divert and detain ships, and the 2020 regulations specified Royal Navy Police as a body able to use them. Separate jurisdictions in England and Wales, Scotland and Northern Ireland mean the powers do not apply identically around the coast.
Warships of another state carry sovereign immunity and cannot be boarded without consent, so intercepting and challenging a foreign military vessel is a naval task carried out under rules of engagement and not a policing one.
Britain took powers this year to board and detain shadow fleet vessels in its territorial waters, and this publication reported when the government announced the policy and again when British forces boarded a Russian shadow fleet tanker.
