Interview - Sunrise

Subjects: Southern Ocean incident

LARRY EMDUR: ... it's on that sea phone, they're dodgy at the best of times. All right, so let's get the official word on their return, and find out if this incident has affected our relations with Japan. Foreign Affairs Minister, Stephen Smith, joins us. Minister, good morning to you.

STEPHEN SMITH: Good morning.

LARRY EMDUR: Let's start with the protesters on the Oceanic Viking, what have you heard about their condition this morning?

STEPHEN SMITH: Well, late last night, I'm very pleased to advise that they were transferred from the Japanese whaling ship to the Customs vessel, the Oceanic Viking. I'm told that their condition is safe and well, and that they are comfortably on board. I'm also pleased that Customs have advised their family members, so their families are aware – this is in the case of Benjamin Potts, the Australian national – so his family's aware that Benjamin Potts is safe and well.

But we're not through the woods yet. We still require the cooperation of the Steve Irwin, to effect, we hope later in the day, the transfer of Benjamin Potts, and the UK national, Giles Lane, back onto the Steve Irwin. But it's good news this morning: so far so good.

SAMANTHA ARMYTAGE: So you're hoping to hand these guys back over to their own ship later on today. Will you be billing the Sea Shepherd for this rescue?

STEPHEN SMITH: No, we won't be doing that. The Oceanic Viking of course was in the Great Southern Ocean, intending to do its original mission, which was to monitor and gain evidence of the Japanese whaling in the course of this whaling season, for potential use in an international court case against the Japanese Government, because our ultimate objective is to get the Japanese to stop whaling in the Southern Ocean.

Our objective in the last couple of days has been to ensure the welfare and safety and wellbeing of Benjamin Potts and the UK national, with a bit of luck, and with the continuing cooperation of the Steve Irwin and the Sea Shepherd group, we should be able to effect that in the course of the day. But we have to ensure that occurs, in a calm way, because it's always difficult doing transfers on the high seas, particularly when you're in the Great Southern Oceans.

LARRY EMDUR: All right, Minister, would you be kind enough to hold on for us for literally a moment, we've got a small window of opportunity ...

STEPHEN SMITH: Sure.

LARRY EMDUR: ... with this sea phone, thank you, we have Captain Paul Watson back on the line with us now. Captain, have you heard from the men so far?

CAPTAIN PAUL WATSON: No, we haven't, but we understand that they're safe on the Oceanic Viking.

SAMANTHA ARMYTAGE: OK, Captain, talk us through how this release happened.

CAPTAIN PAUL WATSON: Well, they were transferred to the Oceanic Viking, and we are very grateful to the Australian Government for assisting on that, the Japanese vessel did not want to transfer the men directly to us.

LARRY EMDUR: OK, how do you see today unfolding, what's the schedule, when do you expect them back on board?

CAPTAIN PAUL WATSON: Well, they should be back on board within a few hours, and then we will continue with our campaign to harass the Japanese whalers, they haven't killed any whales for the last week, we're going to try and make it two weeks, and possibly three weeks.

SAMANTHA ARMYTAGE: So you made a deal with the boat, that you wouldn't harass them if you could have these two blokes back, is that correct?

CAPTAIN PAUL WATSON: No, we made no deal. They were to be released under no conditions, there was no deal at all, you know, when people are holding our crew hostage, and making demands, we're not going to acquiesce to that, there's no deal at all.

LARRY EMDUR: All right, looking back at the events across the last week, they've been very dramatic for you, and your crew, and of course the two men, is this something that you would do again, and let people on board that boat ... on board your boat, who would get in a rubber dinghy and head across to deliver another letter if need be?

CAPTAIN PAUL WATSON: I think we've already delivered the letter, I don't see that happening again, but we'll just continue chasing the whalers, as long as we're chasing them, they're not going to kill whales.

SAMANTHA ARMYTAGE: Minister, can we go back to you for a second here, ...

STEPHEN SMITH: Sure.

SAMANTHA ARMYTAGE: ... Stephen Smith, there was no deal made here, why did the Japanese give these two men up?

STEPHEN SMITH: Well because the Australian authorities, and the Oceanic Viking, required conditions to effect the transfer. From the first moment this incident occurred, we said to the Japanese Government, we want the two men transferred back to the Steve Irwin as quickly as possible. The Japanese Government agreed to that, we then had trouble getting the two ships and the two captains to cooperate themselves, which is why yesterday I announced that we would utilise the Oceanic Viking, to effect that.

The Oceanic Viking, and Australian authorities required a range of conditions on both of the ships, to get their cooperation, to ensure that that transfer could be done safely.

We've got the first leg done, and now we hope later in the day, with continuing cooperation from the Steve Irwin and Sea Shepherd, that we'll be able to transfer the men safely back to the ship from where they came. But the conditions of the Australian authorities and the Oceanic Viking imposed on the two ships, went to the safe transfer.

Can I just say, I'm pleased to hear the Captain of the Sea Shepherd saying that he's not expecting that this sort of incident will be repeated in the coming days and weeks. I think that's a very sensible course of conduct to take. We've said from day one, restraint needs to be exercised here, and that continues to be our advice to all concerned.

LARRY EMDUR: All right, Minister, let's get back to a big picture, and one that you're very concerned with today, obviously hoping for calm seas for the transfer, what about the seascape of the diplomacy department at the moment, how's it all looking? It's pretty turbulent, relationships now between us and Japan, would you say?

STEPHEN SMITH: Well no, we have a very good relationship with Japan, and from the first moment of coming to office, we've made it clear to the Japanese Government that Australia and Japan will just have to agree to disagree about whaling.

We have a very strong view, and it's shared by the Australian people, that the Japanese should stop whaling in the Southern Oceans, and it's one of those things where, if you have a very good and strong relationship with another country, you can afford to agree to disagree about a particular matter. If we didn't have such a strong relationship with Japan, then over the last couple of days, we wouldn't have seen both the Australian Government and the Japanese Government at one, wanting to secure and effect the safe and speedy transfer of Benjamin Potts, and the UK national.

So from the first moment, effectively, Australia and Japan wanted to see that transfer occur, we hope it occurs ultimately in the course of the day.

But it's one of those things that we'll have to agree to disagree with Japan. We have got longstanding, good, friendly relations with Japan, we are good economic partners, and both the Japanese Foreign Minister and I, have been saying, we're not going to allow a disagreement over whaling to disturb the fundamental strength of that relationship.

SAMANTHA ARMYTAGE: There still is a huge disagreement going on though, Minister, will the Government be enforcing this Federal Court injunction, which I think came through on Monday night, to stop the whaling in that sanctuary?

STEPHEN SMITH: Well, as the Federal Court judge himself indicated in the course of his judgement, enforcement of that domestic decision by an Australian court, against the Japanese, is going to be difficult, if not impossible. The Attorney-General, Robert McClelland, made that clear earlier in the week, which is why, as part of the array of measures that we have been contemplating, which we announced late last year, we're looking at the possibility of an international court case against Japanese whaling, either in the International Court of Justice, or the International Tribunal for the Law of the Sea.

And that of course sees us return to the ultimate, or the original objective or purpose of the Oceanic Viking's trip to the Southern Ocean, which is to try and operate a surveillance mission, to gather evidence, potentially for use in an international court case, because ultimately, that may be the one thing which is able to be enforced internationally.

But we very strongly believe that Japan should cease whaling, that's I think the strong view, as I say, of the Australian community, that's certainly what I get when I get around and about, and I'm sure that's what you get from your viewers, and we just hope that Japan would stop the whaling.

But we're looking at all those measures that we announced late last year, to try and bring that diplomatic and other international community pressure on Japan, to get them to stop.

SAMANTHA ARMYTAGE: OK.

LARRY EMDUR: Minister, we thank you very much for your time this morning, and thanks for holding on while we crossed back ...

STEPHEN SMITH: No, thanks very much.

Ends

Media Inquiries: Foreign Minister's office (02) 6277 7500