Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022
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Baroness Vere of Norbiton
That the Grand Committee do consider the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the purpose of this order, which was laid before the House on 4 November 2021, is to give the Government the powers to implement the International Convention for the Control and Management of Ships’ Ballast Water and Sediments—or “the convention”, as I shall now refer to it—into UK law. The order relies on powers in Section 128(1)(e) of the Merchant Shipping Act 1995, which I shall refer to as “the 1995 Act”. This order, if approved, will contain powers to make a new statutory instrument under the negative resolution procedure this year.
As noble Lords will be aware, shipping is essential to our global economy. In fact, it is estimated that it transports around 90% of the world’s commodities. In doing so, it transfers 3 billion to 5 billion tonnes of ballast water every year. This makes ballast water one of the most effective vectors for the transport of species around the world. For example, noble Lords may well have heard of the Chinese mitten crab, which is native to eastern Asia but was first discovered in the Thames estuary in 1935. It is one of the most destructive examples of invasive non-native species, as it preys on native populations, burrows extensively, causing damage to flood defences and riverbanks, and causes commercial losses in fisheries.
I should like to give some background about what the Government have done regarding the convention and outline the Government’s reasons for wanting to ratify it. In doing so, I remind noble Lords that our purpose today is to discuss the use of this draft order as a mechanism to provide the powers for the implementation of the convention, rather than to discuss the detail and implementation of the convention itself, which remains in progress.
The convention was adopted at a conference convened by the International Maritime Organization, or IMO, in 2004, and it entered into force internationally on 8 September 2017. It aims to prevent, minimise and ultimately eliminate the transfer of invasive non-native species through the control and management of ships’ ballast water and sediments. It does this by prohibiting the discharge of ballast water and sediments unless they have been managed in accordance with the convention requirements. The United Kingdom has not yet ratified the convention.
Noble Lords will note that the convention entered into force internationally four years ago, and it is quite reasonable to ask why we are only now seeking powers to implement the convention. The reason is that the UK had concerns regarding the availability of the equipment required for the sampling and analysis aspects of the convention. Delaying the UK’s ratification of the convention has allowed for these concerns to be addressed.
Subsequently, the UK rescheduled ratification and implementation of the convention to wait for amendments to the convention to enter into force, thereby ensuring that the UK implementing legislation, which is coming down the track, reflects the most up-to-date version of the convention. The Government made a public commitment to accede to the convention in 2020. This was again rescheduled to avoid placing extra burdens on the industry during the Covid-19 pandemic. The Government consider that the implementation of the convention into UK law is an important step to ensure that UK waters are protected.
Lord Tunnicliffe (Lab)
My Lords, I support the introduction of this order to implement the 2004 International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The convention ultimately aims to eliminate the transfer of harmful aquatic organisms and pathogens, which is why the control and management of ships’ ballast water and sediment is so crucial. However, given that the UK played a pivotal role in negotiating the convention, it is a shame that it is only now being brought forward. I note that the Minister gave some explanation on this delay but, clearly, it is a matter of concern on all sides of the Committee. I hope that she will produce a full answer and, if there are areas on which she cannot answer today, write to us all.
On the legislation itself, I would be grateful if the Minister could answer three questions. First, are the Government already fully in compliance with the convention? Secondly, what engagement has the department had with the shipping industry over the implementation? Finally, how many countries have ratified the convention, and how many further are in the process of ratification?
We support the introduction of this order and the implementation of the convention, but this is only one step in cleaning up the seas. I hope that the Minister can offer the Committee a brief explanation of the other steps that are being taken by the Government.
Baroness Vere of Norbiton (Con)
My Lords, I am grateful to all noble Lords who have taken part in this short debate to consider this order. I shall provide a bit more information, if I can, on the timeline to getting to this stage. We probably all wish that we had got here earlier, but there were some reasons behind that. I hope that the next SI will cheer up noble Lords, because we are certainly ahead of the game on that one.
There are several reasons why the UK did not ratify the convention earlier. As the convention was new, equipment availability was limited both to treat ballast water management systems and to sample and analyse the discharged ballast water, which is integral to its enforcement. The industry was not confident in the equipment and was concerned that it would be unfairly penalised. Those concerns were eased by the development of the experience-building phase, which established a period of implementation and review during which ships would not be penalised due to non-compliance with the discharge standard if operating a type-approved ballast water management system.
Secondly, the UK’s ratification was rescheduled to allow time for the latest amendments to the convention to come into force and thereby ensure that the UK’s implementing legislation reflects the most up-to-date version of the convention. These amendments were adopted during the IMO’s Marine Environment Protection Committee meetings held in April 2018, and accepted in April 2019. That introduced a phased approach to implementation, which also alleviated the concerns around equipment availability. At that point, it was very much full steam ahead until Covid arrived.
It is true, and noble Lords will have heard me say before, that we have had to delay some of our statutory instruments, which is not ideal. Although I do not think this SI falls under the definition of backlog as set out by Minister Courts when he went to see the Secondary Legislation Scrutiny Committee, it is certainly on our list of things to do, so I am really pleased that we are able to do it today. I reassure noble Lords that we are actually making quite good progress on our maritime backlog. I have a little note here to say that a couple of others with very long titles are also heading their way through Minister Courts’s office now, and no doubt we will be returning to this Chamber to debate them in due course. I reassure the Committee that we are very focused on our maritime SI backlog.
Lord Berkeley (Lab)
Before the noble Baroness sits down, could she write with a list of prosecutions that the MCA has done on these issues? She mentioned that, for non-compliance, the MCA would be the prosecuting authority. Has it done any yet?
Baroness Vere of Norbiton (Con)
It would not have done anything against the convention, because, obviously, the convention is not implemented yet. So that would be a difficult list to compile at this stage. Perhaps I will send the noble Lord some nice information about the MCA and its enforcement, shall I? Excellent. We will do that. I beg to move.