Doorstop Interview

Subjects: Southern Ocean incident; return of two men to the Steve Irwin

STEPHEN SMITH: Well thanks very much - sorry I'm a bit late.

I'm very pleased to advise that Benjamin Potts and Giles Lane have been successfully returned to the Steve Irwin. I'm advised that they are in a safe and well condition and their family, their parents have been advised of that earlier today. They were advised when a successful transfer was made from the Yushin Maru II to the Oceanic Viking and advised subsequent to the successful transfer of Benjamin and Giles Lane to the Steve Irwin.

So obviously the Australian Government is very pleased that this operation has been successful. Our paramount and primary concern was always the safety and welfare and wellbeing of the two men and we're very pleased that they have been successfully returned to the Steve Irwin.

Can I thank the crew of the Oceanic Viking and the customs officers concerned for their work. They are to be highly commended for the work that they have done. Whenever there is a transfer on the high seas there are risks involved and on this occasion there are obviously risks involved to the crew of the Oceanic Viking and the customs officers and they are to be highly commended for the good work that they have done and highly commended for having been able to do it on such a speedy timetable.

Can I also thank the captain and the crew of the Yushin Maru II and the captain and crew of the Steve Irwin for their full cooperation with Australian authorities and the Oceanic Viking in the course of the two transfers.

I also thank the Japanese Government for their cooperation with the Australian Government on this matter.

When the incident was first drawn to my attention a couple of nights ago, we immediately, through departmental and embassy officials, requested the Japanese Government to agree to the speedy return of the two men. The Japanese Government agreed and requested and instructed the Yushin Maru II to effect a transfer. When it became clear that there would not be sufficient cooperation between the two ships, the Japanese Government requested our assistance, and our response was to make available the Oceanic Viking. So I'm pleased to warmly thank the Japanese Government for their cooperation and assistance.

At all points in time, the Australian Government and the Japanese Government were at one. We wanted the safe and successful transfer of the two men. And in that respect can I thank, in particular, officers at our embassy in Tokyo for the good work that they have done relaying the views of the Australian Government and relaying to the Australian Government the views of the Japanese Government in this matter.

Can I make this point? I've been saying for what now seems to be a considerable period of time, that on the Southern Ocean, on the high seas, there are risks involved and restraint has to be exercised. What now has to be absolutely paramount is safety at sea. And I again, urge all parties to exercise restraint to observe the laws and the conventions so far as maritime safety is concerned and to ensure that an incident like this does not occur again.

And can I say in that respect, I was very pleased this morning to hear the captain of the Steve Irwin on commercial television say that he saw no reason for such an incident to be repeated, that the letter which they wanted to deliver to the Japanese whalers had been delivered and there was no reason in his mind to see a repeat of such an incident. And I think that's very good advice which the Steve Irwin should follow.

The Oceanic Viking will now return to its original mission. Its original mission is one of monitoring and surveillance to seek to obtain photographic and video evidence of Japanese whaling for potential use in an international legal case either before the international court of justice or before the international tribunal for the law of the sea. So, I'm very pleased that we've got a successful outcome and I'm happy to respond to your questions.

QUESTION: What do you have to say about the behaviour of these two men? Was it reckless?

STEPHEN SMITH: Well as I've said from day one, people need to show restraint. And as I said yesterday, I don't think that that restraint was shown. I'm pleased that the captain of the Steve Irwin has indicated that he sees no reason why such an incident should occur again and I very much hope that the Steve Irwin follows the advice of the captain on commercial television this morning.

QUESTION: Is there a chance they can press charges?

STEPHEN SMITH: Well that'll be a matter for the Australian Federal Police. The Australian Federal Police have had a number of matters drawn to their attention by the parties concerned, either the Steve Irwin or the Japanese whalers or both. They are evaluating claim and counterclaim. If, as a consequence of information that's been provided to the Australian Federal Police, legal consequences follow, then that'll be a matter for the Australian Federal Police and our legal processes.

But if anyone, anyone, whether they are from the Steve Irwin or from the Japanese whaling vessels or anyone on the high seas has engaged in any illegal or unlawful activity, then not only do I not condone that, I absolutely condemn it, from wherever it has come.

QUESTION: Do you have an indication yet whether the AFP will talk to the men?

STEPHEN SMITH: I don't know. That's entirely a police matter for the Australian Federal Police.

QUESTION: Were there any conditions with the transfer?

STEPHEN SMITH: The only conditions with the transfer were, as I indicated yesterday or last night, conditions which went to the safe and secure transfer of the two men from, in the first instance, the Japanese whaling vessel to the Oceanic Viking and, in the second instance, from the Oceanic Viking to the Steve Irwin.

My ministerial colleague Bob Debus may well be in a position to provide more complete details, but in general terms, what was arranged was a rendezvous point between the Oceanic Viking and the Japanese whaling vessel to do the first transfer and then some hours later subsequently at a different rendezvous point, a second transfer from the Oceanic Viking to the Steve Irwin.

And so, the lack of cooperation between the Yushin Maru II and the Steve Irwin was overcome by the use of the Oceanic Viking keeping those two vessels at different rendezvous points. That, of course, as I indicated yesterday required the full and complete cooperation of both of the vessels and both of the captains and I was very pleased that we got it.

QUESTION: And there was no resistance from Yushin Maru II in handing over those men?

STEPHEN SMITH: Not that I'm aware. In general terms an approach was made yesterday to both captains of the two respective vessels. I'm advised generally that the positive responses were received and in what frankly now seems to be quite quick order, formalised agreements were entered into and effected late last night, early this morning and again just more recently in the last couple of hours.

QUESTION: Any idea of the cost of the operation?

STEPHEN SMITH: No, but as you know, the Oceanic Viking was in dispatch to the Southern Oceans as part of the original monitoring and surveillance mission. It was diverted for this safety at sea operation and I've previously indicated this morning that I don't see the need for the Commonwealth, for the Australian Government, to be contemplating rendering a cost bill to anyone for what's occurred. The Oceanic Viking fortunately was in the vicinity and fortunately able to effect the rescue.

I again make the point. In the Southern Ocean, there is great capacity for risk to life and limb and limited capacity for rescue. We were indeed very, very fortunate that the Oceanic Viking was in the vicinity.

QUESTION: Benjamin Potts claims that the Japanese crew tried to throw him overboard when he initially boarded the ship. Do you have information on that…?

STEPHEN SMITH: I have no information in that respect, other than to say in general terms my observation in terms of looking at that at the media, both print and electronic and online over the last few days, for every claim there's been a counterclaim.

QUESTION: Have you had any diplomatic contact with the Japanese since the men returned?

STEPHEN SMITH: Other than our embassy officials in Japan, in Tokyo, confirming with the Japanese Government that the operation was successful, no direct contact. But, can I again indicate how pleased I was with the very good cooperation that Australia received from and with the Japanese Government and I again make the point, such is the strength of our relationship that Japan and Australia can agree to disagree over whaling, but we can still ensure that in matters such as these, there is first class cooperation between our two nation states.

The relationship is strong enough in my view to more than withstand whatever disagreement we have over whaling.

It remains the Australian Government's strong view and the strong view of the Australian people that the Japanese should desist from whaling, should cease whaling in the Southern Oceans.

Ends

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