Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022

Debate between Baroness Vere of Norbiton and Lord Greenway

Tuesday 6th December 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations implement amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 into law. They update the training requirements for seafarers on specific types of ship and make further provision for the approval of training providers, including express powers to suspend or cancel approvals, and to make provision to allow the Government to charge for those approvals.

The STCW amendments came into force internationally on 1 January 2017 and 1 July 2018, and the draft regulations were laid before your Lordships’ House on 31 October 2022. They revoke and replace the current regulations implementing the STCW convention, the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015. As such, they restate existing regulatory provision in this area, and make new provision.

The International Maritime Organization adopted the STCW convention in 1978; it came into force internationally in 1984. The IMO is a specialised agency of the United Nations and is responsible for facilitating the development of international rules for shipping. The STCW convention and code—an integral part of the convention—contain standards of competence for seafarers internationally. Because human error is recognised as the cause of a large percentage of maritime casualties and pollution incidents, the STCW convention addresses this problem by providing minimum standards of knowledge, experience and professional competence for seafarers.

The United Kingdom is a member of the IMO and a signatory to the STCW convention, to which there are a further 164 parties, estimated to represent the vast majority of global shipping. Being a party to the convention allows the UK to issue internationally recognised seafarer qualifications, which means that UK seafarers can work on ships that operate internationally. Since its entry into force in 1984, there have been a number of revisions to the STCW convention. These latest amendments came into force on 1 January 2017 and 1 July 2018. As a party to the convention, the UK is required to implement these amendments into UK law.

The STCW convention amendments being implemented in the draft regulations relate to training for seafarers serving on ships subject to the International Code of Safety for Ships Using Gases or Other Low-flashpoint Fuels—the IGF code—and seafarers working on passenger ships. These specialised ships require seafarers to have additional training and certification to demonstrate competency appropriate to the responsibilities undertaken by those seafarers on board. This additional training will allow United Kingdom seafarers to take up employment on these ships.

These updated and improved regulations will enhance the employment opportunities for UK seafarers by ensuring a modern training and certification structure that reflects the current and future needs of shipping. This includes: clarifying the definition of “seafarer” to ensure that all persons, including non-employed crew, engaged in the operation or navigation of a pleasure vessel of 24 metres in length or over—or 80 gross tonnes or over—are subject to the regulations; clarifying the position of the Secretary of State in relation to the approval of training providers, ensuring that approvals may be suspended or cancelled where appropriate to do so by providing express provision; introducing a charge for the approval of training providers to ensure that the MCA can approve and monitor training providers who deliver the training required by the STCW convention, in line with the principle of public authorities recovering money spent on services, which would otherwise fall to the taxpayer; and, finally, providing powers to approve equivalents and alternative certification, as permitted by the STCW convention.

Enhancing safety through improving the regulatory regime for seafarers’ training will complement the department’s nine-point plan to support seafarers and introduce new powers to protect maritime workers. Furthermore, these regulations allow the UK to grow its high-quality seafarer training brand worldwide, at the same time as supporting the Government’s Maritime 2050 strategy to support quality training initiatives that raise the standards for seafarers across the globe.

The Government fully supported the development of the STCW convention amendments in the IMO, and the UK shipping industry was consulted throughout their development to ensure that they are modern and fit for purpose. The Government’s proposals for implementing the convention amendments and additional regulatory provision by way of this statutory instrument were the subject of an eight-week public consultation. The MCA has refined the proposals based on the comments received, but no substantive changes have been required.

These regulations will be made under the safety powers conferred by the Merchant Shipping Act 1995, as well as prevention of pollution powers contained in the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996. The draft regulations also make amendments to the Merchant Shipping (Fees) Regulations 2018. This is the part that allows the MCA to charge for the approval of training providers. The draft regulations are subject to the enhanced scrutiny procedures under the European Union (Withdrawal) Act 2018, as they revoke the 2015 STCW regulations, which were made under Section 2(2) of the European Communities Act 1972. The regulations do not themselves implement any EU obligations.

These draft regulations implement amendments to the STCW convention for seafarers and improve the regulatory regime by raising standards of training and education. The draft regulations will continue to allow the United Kingdom to maintain its role as a world leader in seafarer training and education. I commend these regulations to the Committee and beg to move.

[Lord Greenway (CB)]

My Lords, I thank the Minister for outlining these new regulations that, as she has explained, implement amendments made to the STCW convention. I think we were all taken aback by the size of these regulations; in fact, if I took time to read right through them, it might take almost as long as these regulations have taken to reach this House. We are playing catch up again, but I am pleased that we are now getting on with it, and I have no real queries with the regulations.

I see that pleasure craft are included, and I think there are limits. I cannot remember what the length and tonnage is for pleasure craft, and I have not had the time to work it out, but could the Minister tell me if it brings the Thames Clippers operating on the Thames here into the remit of these regulations?

Merchant Shipping (High Speed Craft) Regulations 2022

Debate between Baroness Vere of Norbiton and Lord Greenway

Tuesday 11th October 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations relate to the safety of high-speed craft, which are generally all rapid passenger craft but can be cargo craft. They primarily operate domestically in UK waters, although some operate between the UK and the Isle of Man, the Channel Islands and France.

High-speed craft are defined in the International Maritime Organization’s International Code of Safety for High-Speed Craft, SOLAS chapter X. They include some twin-hulled vessels, hydrofoils and air-cushioned vessels such as hovercraft. Examples include the Isle of Wight hovercraft and the Thames Clippers. The definition of a high-speed craft set out in the international documents relates not only to its speed but to its displacement.

These regulations will be made under the safety powers conferred by the Merchant Shipping Act 1995. However, they are subject to the enhanced scrutiny procedures under the European Union (Withdrawal) Act 2018, as they will revoke the Merchant Shipping (High Speed Craft) Regulations 2004, which were made under Section 2(2) of the European Communities Act 1972. That is a long way of explaining why these have an affirmative attachment to them; in and of themselves, they are fairly straightforward and mostly technical. They do not implement any EU obligations.

As I have noted, these high-speed craft regulations replace those from 2004 to implement the most up-to-date requirements of chapter X of the annexe to the International Convention for the Safety of Life at Sea 1974, known as SOLAS, affecting high-speed craft. Chapter X gives effect to the high-speed craft codes of 1994 and 2000, which contain the requirements applying to high-speed craft. As their name suggests, these codes were first agreed internationally by the International Maritime Organization in 1994 and 2000, but they have been updated, most recently in 2020.

What do these regulations do? They further improve the safety standard for high-speed craft and will enable the UK to enforce these requirements against UK high-speed craft, wherever they may be in the world, and non-UK high-speed craft when in UK waters. This provides a level playing field for industry. These amendments bring UK legislation up to date and in line with internationally agreed requirements.

The updated requirements of SOLAS chapter X, which these regulations seek to implement, introduce both a new requirement for crew drills on entry to and rescue from enclosed spaces, such as machinery spaces, to be conducted every two months, and the recording of those drills alongside other similar recordings currently kept for fire drills and other life-saving appliance drills. These updated requirements came into force internationally on 1 January 2015.

In addition, the regulations implement two further changes to the codes. First, they introduce updates to the requirements for life-saving appliances relating to rescue boats and life rafts. Secondly, they abolish the current monopoly on satellite service provision to ships, opening the market to any provider meeting the required standards. Both these measures came into force internationally on 1 January 2020.

While many other nations adopt such resolutions into their domestic law immediately, our dualist legal system can lead to delays and a backlog has occurred. We intend to avoid such delays in future by using ambulatory references in our regulations. Indeed, we are using ambulatory references in these regulations to put matters agreed at the IMO into our domestic law.

On the UK flag we have about 30 high-speed craft to which these new regulations apply. There are no foreign-flag high-speed craft operating in UK waters. The 1994 code applies to older vessels and the 2000 code to vessels built or substantially modified in or after 2002.

I believe that is about as much as I can say about these regulations. I have one more thought: they also make amendments to the Merchant Shipping (Fees) Regulations 2018. That is purely to enable fees to be charged for the inspection, survey and certification of these high-speed craft by the Maritime and Coastguard Agency. On that note, I beg to move.

[Lord Greenway (CB)]

My Lords, I am grateful to the Minister for describing these regulations. As she said, under chapter X of the IMO’s SOLAS convention the high-speed craft codes are regularly updated to incorporate advances in safety technology. That is the reason for these regulations.

The changes the Minister outlined are acceptable to the UK shipping industry, as evidenced by the response to the consultation process. The addition of the ambulatory reference provision to keep UK law aligned with IMO obligations is also welcome. As she said, we hope it will speed up the process as this is just another of those maritime SIs that we should have discussed some time ago.

I understand that many of the changes proposed have already been adopted by UK owners, especially by those trading internationally, because it is in their own interests to do so. I believe that some of them would like to have more advance warning of what new changes are being discussed at the IMO so that they have an idea of what might come through the pipeline.

As the Minister said, these high-speed craft come in many shapes and sizes. I have been slightly mystified as to what the size parameters are, because the only thing I have found relates to cubic metres, and I cannot relate cubic metres to a vessel. She mentioned Thames Clippers, so it obviously comes down to a relatively small craft. An upper limit does not really apply, because these craft do not get to enormous sizes.

Another area for high-speed craft, and one that is rapidly increasing, is in the offshore service sector. I looked this up to see what was going on, and I understand that there is already a High-Speed Offshore Service Craft Code. Presumably, those sorts of craft are not included in these regulations. If the Minister and her advisers could help me with a parameter for these regulations, in relation to the vessels they cover, I would be most grateful.

In the offshore sector there is enormously interesting development going on, with the latest things being all-electric craft that fly on foils. Seen from ahead, you wonder how on earth they manage to go about their business, when the ship is high out of the water and there is just a single foil going down into the water. These are exciting prospects and ones that I hope will lead to great commercial success in future. In the mean- time, I welcome the regulations.

International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022

Debate between Baroness Vere of Norbiton and Lord Greenway

Thursday 13th January 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, this order will allow the UK to recognise the International Association of Marine Aids to Navigation and Lighthouse Authorities, or IALA, and assist in the completion of its transition from a non-governmental to an intergovernmental organisation. The IALA may not be familiar to some noble Lords, but its work is fundamental to maritime safety and, given that 95% of all of our import and export tonnage is transported by sea, the wealth and prosperity of our island nation. The IALA is and will remain a technical, not-for-profit body whose key aim is to co-ordinate

“improvement and harmonisation of marine aids to navigation and related services to the benefit of … navigation, efficiency of shipping traffic and protection of the environment.”

It brings together marine aids to navigation authorities, manufacturers, consultants and scientific and training organisations from all parts of the world, providing a vital forum for the exchange of views, expertise and experience.

The UK was a founding member of the current organisation when it was first established in 1957. Our illustrious maritime heritage and continued leadership on aids to navigation through the work of our general lighthouse authorities—Trinity House, the Northern Lighthouse Board and Irish Lights—means that we have played, and continue to play, a significant role in all its achievements. These include the introduction of a single buoyage system, which replaced the more than 30 different types in use worldwide as late as the 1970s. Many of these had confusing and, worse, often conflicting rules. As a result, many ships were wrecked and lives lost simply because there was no consistency and mariners were often unable to fathom intended meaning.

This represented a significant barrier to the improvement of navigation safety and was the biggest challenge faced by the IALA when it was first formed. Although there was a clear need for consolidation and an internationally recognised consistent method of marking and wayfinding at sea, agreement on the details remained difficult. The IALA managed to navigate a path through these problems and created the IALA maritime buoyage system in 1976, adopted by the IMO in 1977. It remains a fundamental cornerstone of maritime navigation today, and has had an immediate and long-lasting impact on maritime safety.

The IALA continues to set international standards for all marine aids to navigation, make recommendations and deliver guidance. It has been instrumental in facilitating the delivery of enhanced navigation safety—for example, in facilitating the introduction of purely electronic aids to navigation, the transition from filament bulbs to LED lighting and the delivery of new power sources, such as solar. It also advises on challenges to navigation safety, such as offshore windfarms, and new technologies, including autonomous vessels.

The UK’s maritime heritage, although at times painful and tragic, means we have an obligation to others to incorporate and share our learning regarding safety in all of the IALA’s outputs. This is vital if we are to prevent the reoccurrence of the mistakes and tragedies that litter our history. That is why this order is so important. It will facilitate the IALA’s richly deserved transition to intergovernmental status.

The order is a very simple SI that confers the legal capacities of a body corporate on IALA in the UK. Article 1 provides that the order may not come into force until the future intergovernmental organisation comes into existence for the UK. If the UK is one of the first 30 states to ratify, this will be 90 days after the date of the deposit of the ratification instrument of the 30th state. If the UK ratifies after the convention is already in force, it will be on the 30th day after it deposits its instrument of ratification. This article also provides that the order’s provisions extend to the whole of the UK.

The UK was a founding member of IALA when it was first established in 1957. We are very keen to be at the forefront of its transition to an intergovernmental organisation. As I have noted, there is a process that things have to go through, and we need this order for the process to really get going and for us to be able to recognise IALA. I commend the order to the Committee.

[Lord Greenway (CB)]

My Lords, I am grateful to the Minister for introducing this order. I declare a non-pecuniary interest as an Elder Brother of Trinity House, the general lighthouse authority for England, Wales, the Channel Islands and Gibraltar. As the Minister said, Trinity House has been closely involved with the International Association of Marine Aids to Navigation since its formation in 1957 under its previous name, the International Association of Lighthouse Authorities, which is where the acronym IALA comes from.

At a meeting in Spain in 2014, IALA agreed that the best way forward to develop and improve marine aids to navigation for the benefit of the maritime community and the protection of the environment would be to seek international intergovernmental organisation status as soon as possible through the development of an international convention. Three subsequent diplomatic conferences were held to thrash out a draft convention, and it was finalised and adopted at a fourth conference held in Kuala Lumpur in February 2020. Just under a year later, the convention was opened for signature in Paris, where IALA is headquartered, and some 20 countries have now signed. Five of these—Singapore, Norway, Japan, Malaysia and India—have since ratified.

The convention will lead to increased international acceptance of standards, enhancing harmonisation, and will raise IALA’s status at the International Maritime Organization from merely consultative to equal partner, facilitating direct links with the experts working at the sharp end of research and development and thereby obviating difficulties that have arisen in the past when dealing with some governmental bodies.

Despite the huge technological strides that have been made in the aids-to-navigation sector over the past 20 or so years—here Trinity House has played a major role—the importance of such aids is as great now as it ever was, arguably more so due to the greater emphasis being given to environmental concerns. Bearing in mind our close association with IALA, I sincerely hope that the Government will see their way to ratifying the new convention at the earliest opportunity.

Transport Decarbonisation

Debate between Baroness Vere of Norbiton and Lord Greenway

Monday 19th July 2021 Lords Chamber

[Lord Greenway (CB) [V]]

What?

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord, Lord Greenway, for his many questions. Maritime is absolutely critical to our decarbonisation. At the moment, maritime is, unfortunately, very polluting. This is why we already have a lot of work under way. We published the Clean Maritime Plan in July 2019. We have committed £20 million for the clean maritime development competition. We are consulting on steps to support the uptake of shore power and, if necessary, we will mandate it. Clearly, the consultation needs to take place before we go around putting lots of plugs in ports.

Marine Special Protection Areas

Debate between Baroness Vere of Norbiton and Lord Greenway

Monday 21st May 2018 Lords Chamber

[Baroness Vere of Norbiton]

The scope for extending the SPA in the Isles of Scilly is being considered at the moment. So far, there has been informal dialogue with stakeholders. Natural England has asked Defra Ministers for permission to extend the SPA and they are considering it. It is our understanding that the proposals before Ministers will protect the foraging grounds of the assemblage of 20,000 sea-birds on the Isles of Scilly. However, Ministers are unlikely to increase the regulatory burden over and above what is currently required. It must be remembered that a number of SPAs have been in force in the Isles of Scilly since 2001, with a further expansion in 2005. The Isles of Scilly have long been protected and they should be in future.

[Lord Greenway (CB)]

My Lords, despite what the noble Lord, Lord Berkeley, said about Milford Haven, I cannot think of another instance where commercial navigation has been adversely affected. Does that not suggest that the mechanism set up under the Marine and Coastal Access Act 2009 is working in the way that was intended?

[Baroness Vere of Norbiton]

I agree with the noble Lord. We are not aware of any major impact on plans or projects from the regulations currently in place.