SPECIAL PROVISIONS AS TO CREWS OF SHIPS AND AIRCRAFT AND STOWAWAYS (Hansard, 20 March 1962)

HL Deb 20 March 1962 vol 238 cc520-4 520

§ Examination of crews

§ 7.—(1) An immigration officer may examine under paragraph 1 of this Schedule any person who arrives at a port in the United Kingdom as a member of the crew of a ship, whether or not he lands or seeks to land in the United Kingdom; and the provisions of that paragraph shall apply to any such person as they apply to persons landing or seeking to land in the United Kingdom.

§ THE LORD CHANCELLOR moved, in Part II, in paragraph 7 (1), to leave out all words after "such person" and to substitute: accordingly, except that he may be required to submit to examination at any time before the ship has left the port ".

§ The noble and learned Viscount said: Unless any of your Lordships care to indicate to the contrary, I think it would be convenient if I dealt with the next five Amendments together, because they all deal with the position of merchant seamen, and so far as I can judge, there is nothing controversial in them. Amendment No. 20 deals with the fact that most seamen who arrive as members of a crew of a ship will not be examined at all by an immigration officer, and the provisions of Part II of the Schedule are so drawn that they may take shore leave without formality, but require permission if they are to remain after the ship has gone. The Amendment ensures that an immigration officer who needs for any purpose to examine a seaman, for 521 example because he has sought permission to remain in the country, may do so at any time while the ship is still in port, and notwithstanding that it is more than twenty-four hours since he first landed. I think that is an innocuous and helpful provision.

§ Then your Lordships will see that, in addition to the powers given to deal with deserters, the immigration authorities need powers to deal with seamen who, for quite legitimate reasons, wish to remain in the United Kingdom for a limited time after their ship has left. For example, a shipping company may wish to transfer the seaman from one ship to another calling at a United Kingdom port a week or two later, or may discharge a seaman while his ship is in the United Kingdom and make separate arrangements for him to return to his own country. Again, a seaman may fall ill, have to go into hospital, and not be fit to leave with his ship. The effect of Amendment 20 is to make it clear that in such circumstances the immigration officer has power to impose a condition restricting length of stay.

§ Amendment 21 is a consequential drafting Amendment. Amendment 22 provides that if a seaman fails to leave at the expiry of a time condition so imposed (for example, if he refuses to go back in accordance with arrangements made for him by a shipping company) he is to be treated as if he had been refused admission into the United Kingdom. Sub-paragraph (3) of paragraph 8 already gives power to impose special conditions to secure the departure, first, of seamen who land from their ship after they have been prohibited from doing so under paragraph 8 (1), or, secondly, of seamen who desert their ships. The effect of Amendment 23 is to make it possible to impose these special conditions where a seaman has been admitted on condition restricting the length of his stay, but has failed to comply with the terms of that condition. Amendment 24 is consequential. I think these are all technical but helpful Amendments dealing with the position of the seamen. I have dealt with them rather shortly, but if any noble Lord has any difficulty, or if anyone from the National Union of Seamen or anyone else feels that there is any point to be cleared up, and he will speak to me or write to me, I shall be 522 very pleased to deal with it. I beg to move.

§ Amendment moved— Page 18, line 36, leave out from (" person ") to end of line 37 and insert the said new words.—(The Lord Chancellor.)

§ LORD SHEPHERD
I am not sure that there is any real objection to these Amendments, but I ask the noble and learned Viscount only whether he can give me one piece of information. How long is a seaman when he has left his ship going to be permitted to remain in the country to seek another job? Would it be a question of three weeks or three months? What I do not want is a sailor, who may decide that he does not like sailing on his present ship, to come to port and not have a reasonable time in which to obtain a job on a suitable ship. I wonder whether the noble and learned Viscount can help us?

§ THE LORD CHANCELLOR
As I understand it, he will have to go to the immigration officer and get a time condition. That is how I understand the position. I will make quite sure that I am right and write to the noble Lord, Lord Shepherd, about it.