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MINISTER FOR FOREIGN AFFAIRS  HON STEPHEN SMITH, MP



TRANSCRIPTION: PROOF COPY E & OE

DATE:   17 January 2008, 10:00 AM

TITLE:  Doorstop, Perth - Sea Shepherd Incident, India

SMITH: Thanks very much for turning up.

I just wanted to give an update on matters in the Southern Ocean. As you know, yesterday we  urged the Captains of the two ships to effect the safe and speedy transfer of the two men from  the Japanese whaling vessel to the Steve Irwin. As you know, that wasn’t effected yesterday  despite the urgings of the Australian Government, and that has not occurred as at this  morning.

It remains the position of the Australian Government that the priority here is to effect the  transfer of the two men, including Benjamin Potts, the Australian national, from the Japanese  whaling vessel, the Yushin Maru, to the Steve Irwin and that should occur as quickly as  possible. That’s also the position of the Japanese Government and the two Governments agree  - the Australian Government and the Japanese Government agree - that this is the priority,  the safe and secure return, as soon as possible, of the two men from the Japanese whaling  vessel to the Steve Irwin.

I can advise that late last night the Japanese Government formally approached the Australian  Government asking the Australian Government to render assistance in effecting the transfer,  and we are currently giving urgent consideration to that request.

Obviously, one option for rendering assistance is the use of the Oceanic Viking and that is  one of the options we are currently considering. I can advise that the Oceanic Viking is  currently within sighting distance of some of the Japanese whaling vessels, including the  Yushin Maru, on which the two men are on board. We’re giving that urgent consideration and  I hope to be in a position to give some further advice about that, later in the day.

Yesterday, of course, because the men had been on board for about a day, I formally  requested that the Japanese Government give me some advice on the condition and welfare of  the two men. Last night I was formally advised by the Japanese Government that the two men  are safe and well, and this was confirmed this morning.

So, it remains our view, it remains the view of the Australian Government that the two men  should be transferred from the Yushin Maru to the Steve Irwin as quickly as possible. We are



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giving urgent consideration to a formal request from the Japanese Government to assist in that  process. One of the options, as I say, is the use of the Oceanic Viking, and the Oceanic Viking  is currently within sighting distance of some of the Japanese whaling vessels, including the  Yushin Maru, which the two men are on board.

I’m happy to answer your questions.

JOURNALIST: What are some of the measures the Oceanic Viking would take if it was  deployed to assist?

SMITH: Well, all I’d say on that is one of the options in terms of rendering assistance is  the use of the Oceanic Viking.

We are currently giving urgent consideration to the range and the array of options available.  These are of course complicated matters, including complicated operational matters. The  transfer of men from one ship to another at sea at any time is complicated. When it’s  occurring in the great Southern Ocean it’s doubly complicated. We’ve been urging the  Captains of the two relevant ships to cooperate in that.



I think it’s regrettable that that clearly has not been occurring. And it clearly hasn’t been  occurring because there is an absence of confidence and trust in the two Captains and the two  vessels and that is no doubt a result of the history of these matters.

But, other than saying we are giving urgent consideration to those matters, it would be  inappropriate to go into further detail, but I hope to be in a position to do that later in the day.

JOURNALIST: Could this situation have been averted or minimised if the Oceanic  Viking had been deployed earlier?

SMITH: The presence or the absence of the Oceanic Viking or any other ship wasn’t  relevant to the two men going on board and wasn’t relevant to the actions of the two ships and  the two skippers subsequently.

JOURNALIST: Has the Sea Shepherd gone too far this time?

SMITH: I’m not going to give a running commentary on who’s done what to whom and  the various allegations and counter allegations, other than to say that the Australian Federal  Police will evaluate any suggestions or allegations of unlawful or illegal conduct and  consequences may flow or follow from that.

My primary concern now, as it was yesterday, is to ensure the safe and speedy return of the  two gentlemen, including Benjamin Potts, the Australian national, to the Steve Irwin as  quickly as possible in a safe and secure condition. That remains the priority and that is why  we are giving urgent consideration to the formal request by the Japanese Government to  render assistance.

JOURNALIST: What do you think the likelihood is of the two people being charged?



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SMITH: Well, as I say, whatever legal consequences follow, are down the track. Legal  niceties won’t help us today. What will help us today is the cooperation of the Captains of the  two ships to effect the safe and secure and speedy transfer of the two men concerned. If the  Captains of the two ships were to cooperate and effect a transfer, the current problem would  be solved.

Regrettably, that is not occurring which is why the Japanese Government has formally  approached us to seek to render assistance and that’s why we’re giving that urgent  consideration. And, as I say, because the Oceanic Viking is within sighting distance of some  of the Japanese whaling vessels, including the Yushin Maru, on which the two men are on  board, that is an option.

JOURNALIST:  Inaudible

SMITH: Well, I wanted this matter resolved yesterday. I’m not putting a timetable on it  other than to say my highest priority remains the transfer, as soon as possible, of the two men  from the Yushin Maru to the Steve Irwin in a safe and secure condition. Their safety,  condition and welfare remains the highest priority which is why last night when I received the  formal advice from the Japanese Government, I was pleased to be advised that they were in a  safe and well condition. I was pleased to have that advice confirmed again this morning.

JOURNALIST: Did they outline any conditions that the Japanese vessel has put on  returning the men?

SMITH: Well, the Japanese Government in the discussions that we had did not lay out  or outline any conditions. And the only condition that the two Captains should impose are  those conditions which go to an urgent, safe and secure transfer of the two men. The only  conditions that should apply here are the conditions which go to the safe transfer of the two  men from one ship to the other.

JOURNALIST: What about the Sea Shepherd’s plans to rescue the men themselves?

SMITH: Well, as I say, I’m not going to give a running commentary…

JOURNALIST: Would you discourage them to do that?

SMITH: I have urged from day one restraint in these matters. I don’t think we’ve seen  restraint to date, and I certainly haven’t seen cooperation between the two Captains, which I  urge again today, as I did yesterday.

JOURNALIST: Do you think that the Sea Shepherd should have allowed these two men  to actually board the boat in the first place?

SMITH: Well, as I say, I’m not going to give a running commentary. But as I said  yesterday, and I’m happy to say today, I don’t think where we are qualifies under my urging  of restraint by all parties. Not only do we now need to see restraint, we need to see the



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cooperation of the Captains of the two vessels, and the two vessels themselves, to effect the  speedy, safe and orderly return and transfer of the two men from one ship to the other.

That requires, whether there is assistance from the Australian Government or not, the transfer  of the two men still requires the cooperation of the Captains of the two vessels, and the two  vessels themselves. I haven’t seen that cooperation in existence yet.

JOURNALIST: Have you had any early reports back from the AFP about their  inquiries?

SMITH: No. All I understand is that the AFP are in a process of evaluating the various  suggestions that have been made to them by various parties.

JOURNALIST: What about Ian Campbell’s comments yesterday about the situation  definitely being one of hostage taking rather than piracy?

SMITH: Well, Ian Campbell is a former Liberal Environment Minister. He’s now a  private citizen, he’s entitled to his view. I haven’t been following his comments carefully or  closely, but he’s entitled to express a view.

JOURNALIST: Apparently the International Atomic Energy Agency is helping  negotiate an India only safeguards agreement and India is still hopeful that an Australian  Government could sell uranium to it. Is that a possibility if such an agreement was concluded?

SMITH: Well, this is a matter that I dealt with earlier in the week on Tuesday when I  had a very good meeting with the Indian Prime Ministerial Envoy and I made the point, when  I spoke on that occasion that was one of the matters which was raised in the course of  discussions.

Can I just take the opportunity because again yesterday I had further talks with the Indian  Prime Ministerial Envoy. Those talks yesterday, as they were on Tuesday, were very wide  ranging. The Indian Prime Minister has just returned from a visit to China, so one of the areas  of conversation with the Prime Ministerial Envoy was the detail of the conversation with  China and India. There are very important strategic issues that arise as a consequence of the

emergence of both China and India in the course of this century as major powers in our  region. They were wide ranging and very good conversations.

On the particular issue that you raised, you’ll recall that on Tuesday I said that was one of the  the areas that we had considered, the India - United States Civil Nuclear Cooperation  Agreement. That is a matter which may well be progressed before the International Atomic  Energy Agency and the Nuclear Suppliers Group. As I indicated to the Prime Ministerial

Envoy, the Australian Government has not come to a concluded view on those matters. We  will give consideration to those matters and will do that in an orderly way, having listened to  the views of the Indian Government, which I’ve received in the course of this week, and  having listened to the views of the United States Government, which will occur in due course.

[Ends]

