DRAFT MERCHANT SHIPPING (PASSENGERS' RIGHTS) (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT MERCHANT SHIPPING (STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING) (AMENDMENT) (EU EXIT) REGULATIONS 2019

Karl Turner Excerpts

Tuesday 5th March 2019 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is a pleasure to see you in the Chair, Mr Bailey, and it is always a pleasure to serve under your chairmanship.

The instrument relating to passenger rights ensures that current provisions relating to rights and entitlements of passengers when travelling by sea and inland water are legally operable when the UK leaves the EU. They are entirely sensible and the Opposition support them.

The instrument relating to standards of training amends the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015—the STCW regulations. The amendments made by the instrument, as the Minister has briefly outlined, will broadly maintain the existing policy position. The UK will continue to recognise seafarer certificates issued by parties to the international convention on standards of training, certification and watchkeeping for seafarers that are currently recognised, and a new mechanism will be established enabling the Secretary of State to recognise certificates from other parties to the convention in the future. The Opposition will support this instrument.

I have one brief question. I believe the EU is looking at tightening up the basic training of seafarers. If there are changes to the STCW training requirements at EU level once we are no longer in the EU and are effectively a third party, what will the Government’s position be?

Draft Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

Karl Turner Excerpts

Tuesday 19th February 2019 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is an absolute pleasure to see you in the Chair, Ms Buck, and a privilege no doubt to serve under your chairmanship. I do not intend to detain the Committee long. As the Minister has already set out, the instrument seeks to maintain and update existing regulations covering the application of the international standards for marine equipment produced and certified in the UK and the EU used on UK and EU-registered ships after Brexit. The marine equipment covered includes life-saving appliances, crew accommodation and equipment for navigation, fire protection and marine pollution prevention.

Merchant shipping notice 1874 lists the bodies certified by the Maritime and Coastguard Agency to issue approval of marine equipment.

[Mr Sheerman]

I intervene on my hon. Friend because I could not get in to ask the Minister about the safety of vessels and whether there was a real problem with the danger of marine pollution. My hon. Friend knows well the port of Kingston upon Hull and the Yorkshire ports. I am getting feedback from them. They are extremely concerned about a major problem with this transfer. We have to remember that some of the worst disasters at sea were not predicted. They could very well happen in the turmoil post Brexit.

[Karl Turner]

My hon. Friend is right to raise safety issues, but I have to be honest. I am, indeed, the Member for Kingston upon Hull East, but it is not true to say that the port has approached me to raise safety issues with me. My hon. Friend has a great deal of knowledge in this area, and he is right to raise concerns about what happens once we leave the EU, but the reality is that the regulations continue to ensure safety standards in the UK when we leave the EU. I do not like the fact that we are leaving the EU; I have made my position on that matter very clear. But the truth is that we are leaving, and we need to ensure that safety regulations that already exist apply in domestic law once we have left.

MSN 1874 was reissued in June 2018. I note that paragraph 6.3 of the explanatory memorandum refers to a draft MSN 1874, but this does not appear to be available. The international market in marine equipment, especially for marine pollution prevention is likely to grow significantly in the coming years and will be accompanied by further regulations at IMO level.

[Mr Sheerman]

Does my hon. Friend agree that it is our job as the Opposition to make sure that we tell the British public the real danger of a major incident in the turmoil post Brexit, which could pollute the seas right round this wonderful island of ours? Is that not the case? The Government have not done a risk assessment, or published a risk assessment, and they should reassure the British public that the possibility of disasters has been assessed and they are okay.

[Karl Turner]

I am assured in various Committees on which I have served that various standards have been tested and safety provisions are in place. We can only rely on what Ministers tell us, but I have been assured on a number of occasions that those factors have definitely been considered.

[Scott Mann (North Cornwall) (Con)]

Is the hon. Gentleman aware that under the EU directives some diesel ships are allowed to flush their tanks at sea, which creates a wax pollution that has washed up on our beaches? Some EU directives are not great, because they have led to that. Does he agree that there is much more we can do once we have left the EU to ensure that pollution does not happen on our blue flag beaches?

[Karl Turner]

The hon. Gentleman is extremely optimistic. Safety protections to guard against potential pollutants are better done collectively, in my view. We can always improve safety standards.

The instrument preserves the status quo for the shipping industry post Brexit, which is some reassurance to seafarers who rely on compliant equipment including in emergencies at sea, as my hon. Friend the Member for Huddersfield rightly mentioned. There are issues with the marketisation of marine equipment, especially safety and pollution prevention equipment, but they are deferred by the provision. Merchant shipping notice 1874 has not been made available as part of the process, although a draft version is referred to in the explanatory memorandum.

[Mr Sheerman]

I promise my hon. Friend that this is my last intervention on him. I have much more memory of this than the hon. Member for North Cornwall: until we were in the European Union and had European regulation, people swam in sewage all around the coast of Britain. It was a European regulation that cleared up our seas and oceans and made them decent. We stopped pumping sewage into the seas. Does my hon. Friend agree that the problem is that, without European regulation, we will be back in that situation and pollution will, again, make us the filthy man and woman of Europe?

[Karl Turner]

My hon. Friend is right that the regulations have improved standards. There is no doubt about that, in my view.

MSN 1874 was last issued in June, but a draft was not attached to the explanatory memorandum. When will the updated notice be distributed, and have the addresses of UK-based notification bodies changed since June? The explanatory memorandum refers to “minor familiarisation costs” that will result for the public sector and for business. What will that mean in practical terms for the shipping industry and for seafarers who use the equipment?

Finally, can the Minister explain a little more about the instrument’s effect on the new IMO regulations that cover marine equipment that are introduced after the instrument come into effect and before any future trade deals between the UK and the EU are agreed and implemented?

Draft Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019

Karl Turner Excerpts

Tuesday 29th January 2019 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always a pleasure to see you in the Chair, Mr Walker, and to serve under your chairmanship. As the Minister has mentioned, this instrument revokes legislation related to trade and cabotage that the UK will no longer benefit from, or be subject to, when we leave the European Union. All the regulations will either be revoked completely or replaced by existing UK law.

The instrument effectively takes away—albeit indirectly —the legal implementation of our signing of the OECD shipping principles for access from third countries’ flagged ships for international shipping, which is council regulation 4057/86 of 22 December 1986 on unfair pricing practices in maritime transport. Without a direct UK replacement, doing so would be a backwards step, and the instrument does not make clear how or when a replacement will be introduced.

Council regulation 3577/92 applies the principle of freedom to provide services to maritime transport within member states—that is, maritime cabotage. My understanding is that the instrument states that that principle will be retained in UK law, but does not adequately explain how. For example, it does not make clear the timeline between revocation of the EU regulation and its retention in UK law. What impact will the instrument have on public contracts that use that regulation that are currently out to tender? Again, the instrument does not cover that.

The explanatory memorandum states:

“The UK Government has agreed with its Scottish and Welsh counterparts to draft”

amendments to the Scotland Act 1998 and the Government of Wales Act 2006. Will there be wider consultation on the draft regulations with trade unions, passenger groups and other stakeholders? The instrument does not make that clear at all.

Given that the Government refuse to rule out a disastrous no-deal Brexit, I wonder whether the Minister call tell us what assessment has been made of what the removal of cabotage rights will mean for UK shippers in a no-deal scenario. Have the Government made any attempt to negotiate guarantees for the extension of maritime cabotage rights with the EU in a no-deal situation? Are the Government seeking to agree reciprocal cabotage rights for EU and UK shippers as part of our longer-term relationship with the EU? Has the Minister spoken to her EU counterparts about the possibility, and is she confident of achieving that objective? Without real clarification of those points, I will struggle to say that the Opposition can support the instrument.

--- Later in debate ---

[Ms Ghani]

I am grateful to the hon. Members for Kingston upon Hull East and for West Dunbartonshire for their contributions, which underline the importance of the maritime sector to the UK’s trading capacity and success. It is important that people understand that, despite revoking EU legislation, the UK will still operate a liberal cabotage regime. That means shipping companies registered in EU member states will still be able to operate in the UK as they do now, so very little will change.

Competition was mentioned. After exiting the EU, the UK will have a robust competition regime, overseen by the Competition and Markets Authority, and will be able to take trade remedies action in its own right under the aegis of the World Trade Organisation. If hon. Members have concerns about what may or may not happen in a no-deal scenario—obviously, this instrument is intended to ensure that we have everything in place for such a scenario—I suggest that they support the Prime Minister’s deal.

The hon. Member for Kingston upon Hull East mentioned consultation with unions. We undertook extensive consultation, not only with the UK Chamber of Shipping but with the Scottish and Welsh Governments. We can discuss many issues, but we need to ensure that, in a no-deal scenario, we continue doing business as we do today. That is what this statutory instrument is about.

[Karl Turner]

On consultation, have there been any discussions with the National Union of Rail, Maritime and Transport Workers, which represents many crew members on vessels?

[Ms Ghani]

I thank the hon. Gentleman for that question. We are not only blessed with the International Maritime Organisation, across the water, but the maritime sector is a global sector and one that we take very seriously. Only last week, we launched “Maritime 2050”, working with all stakeholders. We communicate with as many agencies as we can. We want to do what we can to ensure that the maritime sector in the UK continues to be as robust as it is.

I turn to cabotage. The draft regulations will make no practical difference to cabotage arrangements in UK waters. Operators from EU or non-EU countries will be able to continue to provide cabotage services as they do now. However, EU operators will no longer have guaranteed rights, which operators from other countries similarly do not have in UK waters. Such rights would not be reciprocated for UK operators in EU waters, so it is reasonable for us to revoke them.

[Karl Turner]

I am afraid the Minister did not answer my question. The question is, what discussions has the Minister had with the Rail, Maritime and Transport union, which happens to be the biggest trade union in the sector, representing seafarers in this country? It seems incredible to me that the Government have not had any discussions with the RMT union. Will she be clear about that quite simple point?

[Ms Ghani]

What is incredible is that the RMT did not update the hon. Gentleman to say that we did indeed speak to it recently. The union made it very clear that this piece of legislation does not adversely affect its practical interests in any way. Perhaps that is the incredible piece of information that he can take back to the RMT.

The changes made in the draft regulations are appropriate. They will remove from the UK statute book regulations that would otherwise be retained after EU withdrawal. They are fully supported by the Government, and I commend them to the Committee.

[Karl Turner]

I am afraid that I am not at all persuaded by what the Minister said. For that reason, the Opposition cannot support this draft instrument.

Question put.

Draft Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

Karl Turner Excerpts

Wednesday 23rd January 2019 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is a pleasure to see you in the Chair, Mr Robertson. The Opposition support the draft regulations, which we recognise will be required as we leave the EU, but there are one or two points that we wish to raise with the Minister. Will she explain the impact on the amount of ship recycling work carried out at the UK-based facilities that are currently on the EU list? What plans have the Government to support ship recycling in the UK once we leave the EU? UK facilities will still want to be able to recycle vessels flagged in the EU after Brexit. How does the Minister plan to ensure that the EU will make sure our yards are listed, and that competition between the EU and the UK is not distorted?

Will the Minister clarify what impact the regulations will have on the statutory responsibilities and duties of UK regulatory bodies, including the Maritime and Coastguard Agency and, indeed, the Department for Environment, Food and Rural Affairs? Finally, in relation to the inventory of hazardous materials and mutual recognition between the UK and the EU, it would be useful if the Minister could clarify whether ships might end up having to submit two applications—one to the EU and one to the UK. I would be happy for the Minister to answer any of those questions in writing.

Draft Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018

Karl Turner Excerpts

Tuesday 15th January 2019 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always an absolute pleasure to see you in the Chair and to serve under your chairmanship, Mr Wilson. I hope to be relatively brief in my remarks, although I will ask the Minister one or two questions.

As the Minister mentioned, the regulations are part of the many aspects of EU law falling into UK law under the European Union (Withdrawal) Act. The instrument will ensure that the existing framework remains operable in the UK. We recognise that that is required as we leave the EU and are therefore supportive of it. I would like the Minister to address one or two points, although given their technical nature it would probably be better if she provided answers to my questions in writing.

In relation to the enforcement of sulphur dioxide emission limits on fuel from shipping, the new limit comes into force on 1 January 2020, adjusting the existing emission control zones covering the North sea and the channel. As I understand it, the Irish sea is not currently subject to those limits. I would be grateful if the Minister explained what impact, if any, the regulations will have on enforcement and compliance, especially on jobs and environmental standards in the Irish sea that are not currently covered by sulphur dioxide emissions.

Can the Minister confirm whether support for ferry companies to comply with sulphur dioxide emission limits after Brexit, as it was when initial sulphur dioxide limits came into force in 2015, will be affected by the regulations? Can she tell us where the Government are on the standardisation of sulphur dioxide abatement technology fitted on merchant ships? The regulations update the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008. Can she confirm that any further changes to the definition of the emission abatement method will not leave the UK behind?

The regulations remove the words

“on the basis of the reporting in the Union information system or in the annual report referred to in Article 7”.

They do not replace them with anything. Can the Minister explain on what basis the decision to sample fuel oil from ships will be made? Will it be based on the information of the MCA or that of some other body?

The instrument removes reference to SafeSeaNet, as the Minister has already outlined. We will no longer be a member of it when we leave the EU; however, the instrument does not make clear what we will replace it with. Will it be the MCA and, if so, will the MCA receive the extra resources needed to carry out those extra functions? I think the MCA would probably argue that it is already overstretched. I wonder whether there are any issues pertaining to that point.

Draft Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2018

Karl Turner Excerpts

Tuesday 8th January 2019 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always an absolute pleasure to see you in the Chair, Mr Evans. I intend my remarks to be relatively brief, but I would be grateful if the Minister could answer one or two points. As she said, the regulations are part of the many aspects of EU law that fall into UK law under the Government’s withdrawal Act. They ensure that both converted EU ship and port security legislation and existing secondary legislation remain legally operable when we withdraw from the European Union.

We recognise that these changes are required, so we support them, but can the Minister explain whether there are any differences between what is currently in place and the UK’s post-Brexit implementation of the core international ship and port facility security code? I understand that the Secretary of State would be able to exclude certain amendments to the 1974 international convention for the safety of life at sea—SOLAS—and/or the ISPS code under limited powers held by the European Commission. It would be good if the Minister could explain how that process will work, and where the Secretary of State will be required to explain why certain amendments may be excluded.

It makes sense for the statutory instrument to erase obligations to report information to the Commission and to facilitate Commission inspections, but this is more significant than a tidying-up exercise. What new data and intelligence-sharing system will be in place post Brexit to ensure that security standards are maintained on ships arriving in the UK from EU and non-EU ports, and are sufficiently flexible to respond to emerging maritime security challenges, such as those we have seen in the channel this winter, with the migrant boat crossings and stowaways on cargo ships? Will the Maritime and Coastguard Agency be issued with increased resources to implement the regulations? I would be grateful if the Minister answered those points, but I am happy if she wants to put her answers in writing.

Draft Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019

Karl Turner Excerpts

Wednesday 12th December 2018 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is a pleasure to see you in the Chair, Sir Christopher. I will be brief.

As the Minister outlined, the regulations bring a series of EU Commission decisions and regulations on merchant shipping marine pollution into UK law under the Government’s European Union (Withdrawal) Act 2018. They aim to ensure that international criteria for the performance of private sector companies—so-called recognised organisations—contracted to survey regulatory compliance in merchant shipping continue to apply after Brexit.

The areas of compliance are the five key UN conventions underpinning international maritime regulation. Those various regulations and decisions were implemented to tackle marine pollution. Studies show that ships contribute between 2% and 3% of the world’s greenhouse gas emissions. Roughly 14 million annual cases of childhood asthma are estimated to be related to global ship pollution using current fuels. I am sure the whole Committee agrees that that is shocking. We welcome steps to deal with that problem.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Is the hon. Gentleman aware that under IMO rules there are annex VI areas, including many of the affected coastal areas in our country, where heavy marine fuels cannot be used and ships have to switch to diesel? The problem has been mitigated by the IMO in many sea areas, including the English channel and the Baltic sea.

[Karl Turner]

I am grateful to the right hon. Gentleman for his intervention. I accept that there are some mitigations, but the research clearly shows that this is still a real problem.

The Opposition are supportive of this instrument and do not intend to divide the Committee, but I would like to put on the record and raise some points with the Minister. As ever, I certainly do not expect a detailed answer now, given the constraints of the Committee. I would, however, be grateful if she responded in writing in due course.

First, will the Minister clarify the post-Brexit arrangements with the European Maritime Safety Agency for access to its inspection database ahead of the new IMO restrictions on the sulphur content of shipping fuels coming into force on 1 January 2020? Although we of course welcome action aimed at reducing sulphur emissions from shipping for environmental and health reasons, there are significant challenges for short sea shipping and ferry operators. What recent discussions has the Minister held with UK ferry operators and shipping companies on meeting those restrictions?

Secondly, I would be grateful if the Minister clarified how the international convention on standards of training, certification and watchkeeping for seafarers and the maritime labour convention are included in the responsibilities for the ROs authorised by the Maritime and Coastguard Agency to carry out inspection and survey work on its behalf. Also, how does all that tie in with the Government’s 25-year environment plan? I have a note with those questions that I am happy to hand to the Minister and her civil servants and I would be very grateful if they responded to these points in due course.

Draft Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018

Karl Turner Excerpts

Wednesday 17th October 2018 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always an absolute pleasure to serve under your chairmanship, Mr Betts. The Opposition are entirely supportive of the regulations, but I would be grateful if the Minster could answer some questions. They are particularly technical, so I do not expect answers today; I hope that the Minister can put them in writing.

First, paragraph 5 of article 21 of EU regulation 2015/757 calls for a regular two-year assessment of

“the maritime transport sector’s overall impact on the global climate…through…emissions or effects.”

The Government propose to remove that, which would leave the existing schedule in the 2017 regulations for reporting or reviewing every five years in the shipping industry. The 2017 regulations also require the first review to be undertaken by 2022. I would be grateful if the Minister could confirm whether the Government are adhering to the original schedule, or is it being extended to 2023 in the new regulations?

Secondly, in reference to paragraph 3 of article 22 of EU regulation 2016/1927, the Government propose to omit the words following “Regulation”. That could undermine the subsequent agreements at the IMO about the targets for reductions in greenhouse gas and CO₂ emissions from shipping. In April, the IMO agreed an initial strategy for carbon reductions from shipping by 2050. That includes a target for the shipping industry to reduce total annual greenhouse gas emissions by at least 50%, compared with 2008 levels, by 2050. This amendment appears to undermine the monitoring, reporting and verification regime that the UK will have in place to oversee the industry’s progress in meeting future internationally agreed greenhouse gas and CO₂ reduction targets. Can the Minister provide clarification on that in due course?

Regulation 4 refers to Thetis monitoring, reporting and verification. Can the Minister clarify what the implications are for the Maritime and Coastguard Agency of the UK’s sole responsibility for monitoring, reporting and verification of international shipping’s carbon emissions in UK ports?

I look forward to the Minister’s answers in due course.

Transport

Karl Turner Excerpts

Monday 15th October 2018 Ministerial Corrections

The following is an extract from Questions to the Secretary State for Transport on 11 October 2018.

[Karl Turner]

It is scandalous that British officers and ratings hold fewer than 20% of jobs on UK vessels, while the shipping companies reap the benefits from the tonnage tax. Does the Minister agree that we need to create a mandatory link to training and employment of British seafarers, including ratings, as other EU countries have?

[Ms Ghani]

The tonnage tax enables us to have six types of apprenticeship, and it encourages companies to employ UK ratings as well. We are doing everything we can, whether it is on ports or working with our ship owners, to ensure that every opportunity is available for young people to enter the maritime sector as a career. [Official Report, 11 October 2018, Vol. 647, c. 270.]

Letter of correction from the Under-Secretary of State for Transport the hon. Member for Wealden (Ms Ghani):

An error has been identified in the response I gave to the hon. Member for Kingston upon Hull East (Karl Turner):

The correct response should have been:

Draft Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018

Karl Turner Excerpts

Tuesday 6th February 2018 General Committees

[Karl Turner (Kingston upon Hull East) (Lab)]

It is always a pleasure to serve under your chairmanship, Mr Bailey. We are supportive of the instrument, but we are concerned that the Government are late in implementing it. We also have some wider concerns.

In 2013, the European Commission issued a draft seafarers directive, extending employment and social directives to cover seafarers’ place of work. The seafarers directive called on member states to transpose the directive into domestic law by 10 October 2017. We are now in February 2018. Will the Minister explain why it has taken three years to finally put this into UK law and why the Government have missed the deadline for doing that within the three-month period?

The delay in transposing the directive into UK law has affected seafarers’ rights, especially those on offshore supply vessels who have been made redundant in recent years. Oil and Gas UK estimate that 13,000 jobs were lost in the industry in the first half of 2017—a staggering number of potential job losses. The RMT estimates that between 700 and 1,000 seafarers’ jobs have been lost on offshore supply, diving support and drilling vessels, as well as hundreds of jobs at North sea companies, since the seafarers directive was passed in the European Parliament in 2015. In some cases, the modest protections in the draft regulations would have provided better protections for seafarers who have been made redundant. I hope that the Government will reflect on the impact that their delay has had on workers who have been made redundant.

The growing decommissioning sector is likely to mean competition for contracts to carry out this work. It is unclear whether the protections set out in the draft regulations will apply to seafarers working on foreign-registered vessels who carry out that decommissioning work. Will the Minister confirm whether those workers will be covered?

The Opposition support the draft regulations, as I said, but we think the Government could go further. I am concerned that if the Government’s post-Brexit aim for seafarers’ employment rights is to go no further than the EU and to abide by the minimum standards in international regulations such as the maritime labour convention, it will lead to a loss both in jobs and in skills. The seafaring industry is rapidly losing skilled people, because not enough people are being trained. Will the Minister say what further steps the Government intend to take on employment rights for seafarers, especially with respect to the national minimum wage and equality? I urge her to bring forward the planned five-year review of the impact of the provisions to coincide with the post-Brexit period, including any transition period, to ensure that the UK statutory framework equalises protection for seafarers and land-based workers.

I would be grateful if the Minister addressed those points. We support the draft regulations and hope that they will be the start of a much needed process of improving employment rights for seafarers in the UK.