696 migrants, 14 boats

[Pat ex]

As the the Protocol is causing the problems it was designed to prevent, ...

No it isn’t.

it’s causing the exact problems brexit voters asked for.

The NI Protocol was supposed to be a solution, to the problem caused by Brexit.
There were and are other solutions, but they did not satisfy the type of Brexit desired by the government of the time. Although I suspect TM's solution (the backstop) to the problem caused by Brexit would have satisfied the DUP.

 

[motorbiking]

so when I paddle my inflatable canoe off the beach at Brighton, at what point do the border police swoop down and arrest me?

A Personal water craft is not a vessel. A 30ft inflatable with 40 people onboard isn’t a personal watercraft.

In addition you are (I assume) a person with a lawful right to reside in the U.K.

 

[motorbiking]

A few points in response to your post:
1. French immigration laws are not enforceable in UK. Maybe they did contravene French immigration laws, but there's little that UK can do about that.
2. UK has tried to prosecute a refugee for that offence (once I believe) at great expense and adverse publicity. There was difficulty proving "payment".
3. This applies to registered boats, not a dingy.
4. Schengen zone infringements are not enforceable in UK.
5. This applies to professional skippers only.

Yes, to respond to your fist two points, (the other points are inadmissible) there are some things things that France could do, and it is doing some of those things. For instance, it has patrols in areas know to be frequented by undocumented travellers entering France. But the Schengen zone puts the onus on the first country of entry to control that entry, the vast majority, if not all, of French land borders are with Schengen zone countries.
For sure, it could round up all itinerant travellers and put them all in prison, to what end?

1 so they should enforce their laws
2 the law is fine as drafted
3 incorrect
5 also incorrect

 

[Pat ex]

1 so they should enforce their laws
2 the law is fine as drafted
3 incorrect
5 also incorrect

Your arguments are based on logical impossibilities and legal improbabilities.

1. They do enforce their laws. They do patrol areas that are frequented by undocumented refugees entering France. I'm sure that when they detect dingies leaving without completing the formalities. they may prosecute, but that would merely encourage those refugees to apply for asylum in France. Clearly those refugees are intent on reaching UK, so they'll probably try again, and again.
I know they do prosecute people smugglers when they catch them. If France wanted to prosecute the refugees for infringing French laws, how would that be possible, once the refugees have applied for asylum in UK? Certainly UK could not prosecute them for infringing French laws.
2. I'm sure that you are aware of many laws that are fine as drafted, but in practice are difficult to enforce, and may prove inordinately expensive and provoke adverse publicity again if enforced. Then there is the normal test of the DPP:

there must be sufficient evidence to prosecute the case; and. it must be evident from the facts of the case, and all the surrounding circumstances, that the prosecution would be in the public interest.

3. To register an exit, by boat, from a country, one is required to leave via a port of exit, to have one's passport stamped, etc. This is clearly impossible and counter-intuitive when refugees are leaving from a beach in Northern France. There may be not be any passports to be stamped. Again, how would the French hope to enforce, such processes, or to prosecute refugees that have not complied? The boat was not registered, how would the French identify the occupants?
4.
5. The logging of a Passage Plan assumes one has a plan, however sketchy.
When seeing what is required in a Passage Plan, it is obvious that it would all be unknown for the refugees, or so vague as to be nonsense.
Of course logging a Passage Plan would be counterproductive if secretly leaving from a beach in Northern France.

For professional skippers preparing a written passage plan is a legal requirement and under SOLAS V there is now a legal requirement for the occasional sailor going to sea to compile a passage plan.
How then, do we prepare a passage plan before a voyage?
The first thing to do is harvest as much relevant information as you can. This will include estimates and assumptions of course, but some things are factual.
Here are list of things to consider when preparing a passage plan;

• Proposed destination port and estimated date and time of arrival.
• Proposed port of departure.
• etc

How to prepare a passage plan

How to prepare a passage plan

www.jollyparrot.co.uk

You can see that your arguments are impractical.

 

[JohnD]

A Personal water craft is not a vessel. A 30ft inflatable with 40 people onboard isn’t a personal watercraft.

In addition you are (I assume) a person with a lawful right to reside in the U.K.

That doesn't make sense.

Since the border police don't swoop down on me, or anyone else setting sail, they haven't examined my passport (if any) or interrogated me about my journey.

You know very well that UK does not control people setting sail from the beach.

Yet you pretend to think that France should.

 

[Pat ex]

One of the definitions of tragedy is that everyone is partly right and everyone is partly wrong.

Boris Johnson does not do tragedy. His first instinct after at least 27 people drowned in the Channel was to blame the French.

Yes, the French are partly to blame. So are the British. So are the people smugglers. So are the migrants themselves. So, arguably, are the volunteers and NGOs who soften the misery and squalor in which thousands of would-be emigrants to Britain live in makeshift camps in the Pas-de-Calais.

I have been writing about the Calais migrant crisis for 24 years. It has existed for almost 30 years. Everything has been tried. Nothing works for long.

The “Calais problem” cannot be solved in Calais because it is not a Calais problem. It is a small part of a European, or world, problem of displacement of peoples by war or famine or misery, which has no simple solution either.
...
Once the asylum seekers got over that fear – from desperation because other routes were blocked – yesterday’s (last year's) tragedy became inevitable. Blaming the French for what happened makes as much sense as blaming the water.

OPINION: France protects UK from migrant crisis, a fact Britain will never accept

Calais is a never-ending tragedy - writes John Lichfield - and something like Wednesday’s calamity has been inevitable for months.

www.thelocal.fr

 

[transam]

You struggle to understand even the basics.

Never mind. We all make some allowances, I will too, for you.

If you can not or will not attempt to understand things there is no point in going further.

Have a good evening.

Er no you seem to struggle to understand the basic principle of

The Uk authority’s run the UK

And

The French authoritys run France

Pretty simplistic blimey even you should be able understand

If you can’t get yer ead around that basic principle there is imo no point in going further ??

 

[transam]

if anybody asks me, I say I am just sailing round the bay.

Under what British law do you think I would be arrested?

In your case any type of vagrancy law

Either that or you should be detained under the mental health act

As you are unable to under stand that the UK does not run France

 

[carmanmemoranda]

Er no you seem to struggle to understand the basic principle of

The Uk authority’s run the UK

And

The French authoritys run France

Pretty simplistic blimey even you should be able understand

If you can’t get yer ead around that basic principle there is imo no point in going further ??

Yawn

 

[JohnD]

As you are unable to under stand that the UK does not run France

That is irrelevant because I am talking about a person setting sail from the English coast.

 

[transam]

Yawn

Yawn

you don’t have that sleep
Type affliction do you were bye you fall asleep with out warning

Blimey have you notified the DVLA ?

 

[transam]

That is irrelevant because I am talking about a person setting sail from the English coast.

Oh so the migrants are setting sail from France in yachts than

A sort of pleasure cruise type scenario

A type of holiday ?

As for.A Person setting sail from the UK coast

The question is why ? For what purpose ?

If said person is off to France the way I see it the minute he sets off from the UK coast the french would be responsible for said person

 

[JohnD]

I have asked if UK border police would stop me if I set sail from a UK beach.

The answer is of course no

Some nutters pretend to think that French border police should arrest people on a French beach.

It is equivalent.

 

[transam]

I have asked if UK border police would stop me if I set sail from a UK beach.

The answer is of course no

Some nutters pretend to think that French border police should arrest people on a French beach.

It is equivalent.

Nonsense

Obviously it would seem that the french have an issue with arresting criminal people smugglers

Blimey perhaps they don’t know what is going on

In any event as you say the french are not responsible in any way for migrants being crammed into rubber boats by criminal gangs on the french coast

Blimey how would they be

 

[JohnD]

Nonsense

if I get in a boat, and push off from a British beach, who do you think checks my passport, or arrests me?