Malta's decision not to allow a rescue vessel to disembark migrants here was in keeping with international law, deputy prime minister Chris Fearne said this morning.

Dr Fearne insisted the closest, safest port of call was Lampedusa and not Malta.

Rescue vessel Golfo Azzurro has been circling just outside Malta's territorial waters since yesterday, awaiting instructions on where it can disembark three migrants it picked up off Libya.

According to reports, Italy has denied the ship permission to disembark the migrants in Lampedusa, claiming that a new code of conduct for NGOs involved in such activities had not been observed.  

Among other things, the code of conduct includes a demand that ships carry an armed policeman aboard. 

Another point forbids ships from transferring people to other boats, a measure apparently aimed at shutting down smaller rescue ships that normally transfer migrants to larger vessels to be brought to Italy.

NGOs say the code would be a violation of international maritime law - a position echoed by  Fulvio Vassallo, a professor of international law at the University of Palermo.

"The code of conduct isn't meant to save more lives but to limit the number of people rescued by the NGOs," Prof. Vassallo told Reuters last week. "It's being sold to the public as something that will lower departures from Libya, which it will not do. Unfortunately, it could increase the number of victims."

Italy's refusal to accept migrants aboard the Golfo Azzurro could indicate a shift in its approach to migration. But Mr Fearne played down the incident. 

"This is an isolated case and we must not make it out to be the rule," he said this morning.