Republic of Ireland: Aids to Navigation

Debate between Lord Greenway and Earl Attlee

Monday 25th February 2013 Lords Chamber

[Earl Attlee]

My Lords, I am not quite sure what the noble Lord is getting at, but it is important to understand that the specification for aids to navigation would, I imagine, come under IMO auspices rather than EU auspices.

[Lord Greenway]

My Lords, in commending the Commissioners of Irish Lights on reducing its costs, can the Minister confirm that after 2015-16 the joint strategic board set up by the Atkins report will continue the interoperability arrangements for ships, as exist at the moment?

[Earl Attlee]

The noble Lord raises an extremely important point. One of the ways in which we have managed to reduce unnecessary expenditure is through the work of the joint strategic board to set the modalities so that assets can be shared and facilities are not duplicated.

Marine Navigation (No. 2) Bill

Debate between Lord Greenway and Earl Attlee

Friday 1st February 2013 Lords Chamber

[Lord Greenway]

My answer to that would be that young, well trained British officers are highly thought of elsewhere in the world, so jobs are available for them.

PEC examinations can be seen by both individuals and their employing companies as an important rung in the advancement of their professional careers. They involve commitment and academic effort. Those sitting the exams need both professional experience and proven competence in ship-handling. They must also be highly motivated. Therefore, I think that a lot of these concerns have been overstated. To me, there is no doubt that the extension of PEC eligibility will be of benefit to UK seafarers.

Finally, I will say that if the Bill passes, a lot of these concerns can be dealt with by the steering group of the Port Marine Safety Code. That would involve the UK Chamber of Shipping, the various ports groups and the pilots’ association. They can sit down and work out the details of how this change is to be implemented.

[Earl Attlee]

My Lords, the noble Lord, Lord Berkeley, eloquently set out the concerns that he and maritime pilots have about Clause 2 when he gave notice of his intention to oppose the question that the clause should stand part. I understand perfectly the desire to ensure that marine safety is promoted and that nothing is done to undermine it. I believe that this desire is felt all around the Committee and across the maritime industry. Therefore, I will try as hard as I can to meet noble Lords’ concerns.

The sole purpose of Clause 2 is to remove the limitation in the Pilotage Act 1987 that restricts the issuing of pilotage exemption certificates to the master or first mate of a ship, and instead to allow any deck officer to apply for a certificate. It does not grant one; it merely allows a deck officer to apply to the competent harbour authority for a PEC. It changes none of the other provisions in the Act relating to the demands made on an applicant for a certificate: namely, that the applicant must be a bona fide deck officer of a ship. The clause does not open up the possibility of unauthorised pilotage services being established. I know that that is a concern of pilots and of the noble Lord.

The applicant must be a genuine member of the crew of the ship named on his PEC. No doubt if the pilots in a harbour knew something was going wrong in this regard, they would take it up with the competent harbour authority. If the authority did not listen, they could take it up with the Maritime and Coastguard Agency. If the agency did not listen, they could take it up with the noble Lords, Lord Berkeley or Lord Rosser, with me or with the shipping Minister. There are plenty of routes for aggrieved people to take up this problem.

Furthermore, under the Bill, the competent harbour authority could immediately revoke the PEC if it becomes aware of any problems. The competent harbour authority must be satisfied that the applicant has the skill, experience and local knowledge sufficient for them to be capable of piloting the ship named on the certificate. The PEC applies only to one ship and one harbour. To my mind, this is the crucial safeguard that restricts the issuing of a certificate only to those mariners competent to use one. It is much more relevant than a job title in determining whether someone can safely navigate in specific waters.

The certificate applies to a specific harbour or part of a harbour as appropriate. If anyone seeks to be certified elsewhere, they must demonstrate their skill, experience and local knowledge for those waters to the appropriate competent harbour authority. The competent harbour authority may decide, in the interests of safety, to satisfy itself that the applicant has a sufficient knowledge of the English language. The competent harbour authority decides the method by which it will satisfy itself of an applicant's qualifications, which may be through examination or by reference to other requirements. The certificate remains in force for no longer than one year and it can be renewed only if the competent harbour authority remains satisfied about the foregoing points.

I mention that to demonstrate that the clause in no way reduces the standards of competency required of PEC holders. Stephen Bracewell, the chief executive of Harwich Haven Authority, made this point succinctly to the Transport Select Committee on 17 December 2012, saying that the Bill would do,

“nothing more than add a few people to the list of people who can knock on the door and ask to start the process of being assessed and examined”.

He rejected the idea that a harbour authority would lessen the standards by which they assess and examine people stating:

“We are not going to do it”.

Having outlined what this clause does not change, I turn to what it would do. The clause would permit a competent harbour authority to award a PEC to any deck officer who meets the criteria that I have outlined. The desire for making this change comes from the shipping industry, which has identified a number of potential benefits to several factors, including roll-on roll-off passenger ferries, small domestic ferries and aggregate dredgers.

The clause would permit increased flexibility for shipping companies in the rostering of deck officers, especially in the event of disruption and staff sickness, which currently can be problematic. The additional flexibility would also assist when supplementary or release sailings are chartered, increasing the call on deck officers. Though a comparatively small sector, the change would allow improved flexibility for vessels such as dredgers to operate in piloted waters for extended periods and mitigate the risk of fatigue for certificate holders on these ships.

The industry also wants to respond to demographic trends affecting certificated deck officers, which is a point made by the noble Lord, Lord Greenway. A large proportion of officers are approaching retirement within the next five years and the industry needs to train younger officers to be capable of fulfilling senior roles in the near future. Although it varies between competent harbour authorities, qualification for a PEC may require around 10 to 18 berthing operations to be conducted under the supervision of a pilot. This could reasonably form part of the training for deck officers who have reached a suitable stage in their career development, but who are not yet employed as a master or first mate.

On the terminology of a deck officer, I want to be clear: we are not talking about junior ratings. We are talking about those officers who have navigational responsibilities. It usually takes between three and four years to qualify as a junior deck officer, so potential applicants will have experience at sea. Even then, it is most likely that only the more senior deck officers will be able to demonstrate the skills, experience and local knowledge required by a competent harbour authority.

The noble Lord, Lord Berkeley, suggested that there should be a stricter definition of eligibility tied to definitions in the international standard of training, certification and watchkeeping code. However, mariners on domestic routes do not need to seek certification on this code. Such an approach would be unduly restrictive and certainly tighter than current arrangements. The national association for ports and shipping has agreed that it is preferable to use the definition of “deck officer” in this clause and provide guidance to the competent harbour authorities on the attributes and skills that might be sought in the Port Marine Safety Code’s guide to good practice. The guide already recommends that a competent harbour authority should seek a certificate of competence from applicants. The Port Marine Safety Code steering group, mentioned by the noble Lord, Lord Greenway, composed of representatives from industry, trade unions, the pilots’ associations, the Government and other maritime experts, has agreed to establish a subgroup to consider and recommend any enhancements required for the guide. This will enable competent harbour authorities to have access to the best advice about the qualifications that could be expected of a successful applicant.

The noble Lord, Lord Berkeley, talked about the unwelcome aspects of competition. This is always a concern, but the noble Lord will know perfectly well that it arises in many areas of commercial activity. However, I would also be very surprised indeed if the regular pilots did not report any concerns regarding the inappropriate grant of a PEC to the MCA, as I have already said.

The noble Lord, Lord Rosser, sounded as if he is supporting the noble Lord, Lord Berkeley, in his amendment. I would remind the noble Lord that this Bill has been in gestation for many years, as he well knows. The provisions in Clause 2 were clear Labour government policy, and no doubt responsible and experienced Labour Ministers were satisfied about its legality. Indeed, Jim Fitzpatrick MP said in the other place that the Opposition would look foolish if they opposed the Bill and that,

“it would be churlish of us not to support it. It contains many positive elements”.—[Official Report, Commons, Marine Navigation (No. 2) Bill Committee, 7/11/12; col. 4.]

However, I fully accept that noble Lords opposite are testing the policy and making sure that we have got it right. I am sorry that the letter to the noble Lord did take rather a long time to arrive, but there were quite a few questions to answer.

I think it was the noble Lord, Lord Rosser, who said that the regulations should not be unduly onerous. It is important to remember that a PEC can be limited to a specific ship and a specific harbour, or even a specific portion of a harbour. The noble Lord asked about training and talked about the Port of Liverpool. The Committee will understand that the Port of Liverpool is a very complicated port with all sorts of difficulties. It is not surprising, therefore, that the training requirements to be a pilot for the Port of Liverpool are extensive. However, smaller ports will need less training. It is for the competent harbour authorities to determine what is required, as they do now. There is no change in the training requirements, only a proposal to change the eligibility, and training for a PEC will be similar to that for a pilot.

The noble Lord asked about the number of PEC holders that can be on a ship, which is a good point. He suggested that there could be numerous PEC holders on a ship, but that they would not have sufficient experience. It is not clear to me why a shipping company would want to incur the cost of PEC training and go to the effort of training officers if there was insufficient opportunity for them to exercise the certificate. Furthermore, if the competent harbour authorities believe that a PEC holder was a bit rusty and did not have enough experience, they may pay greater attention to the reassessment process. There will always be the alternative for a master to take on board a maritime pilot if circumstances mean that none of the PEC holders on the ship are available to pilot it because of hours worked or if the structure of the crew does not permit it. If a suitably qualified person is available, there is no justifiable reason to prevent them from holding a PEC and piloting the ship simply because they do not have the right job title.

Isles of Scilly: Helicopter Services

Debate between Lord Greenway and Earl Attlee

Wednesday 24th October 2012 Lords Chamber

[Earl Attlee]

My Lords, the problem we face is that we have lost the helicopter service to the Isles of Scilly for the time being. I understand that the Isles of Scilly Steamship Company, which operates a fixed-wing air service, has now made arrangements with the local primary care trust to take over some of the transportation of patients and medical supplies, including blood products and samples, which were previously carried by helicopter, having secured the appropriate CAA licences. Noble Lords will recall that the noble Lord, Lord Berkeley, identified that there were only a few days in the year when helicopter services could go to the Isles of Scilly but fixed-wing aircraft could not.

[Lord Greenway]

My Lords, is it not the case that the Isles of Scilly Steamship Company also operates two cargo vessels, one of which sails three times a week during the winter, and which carries a few passengers?

Shipping: Towing Vessels

Debate between Lord Greenway and Earl Attlee

Thursday 3rd November 2011 Lords Chamber

[Earl Attlee]

The noble Lord makes some quite sensible points. However, it is important to understand that one of the recommendations of the Donaldson report was the SOSREP, the Secretary of State’s representative, and he has extensive powers to direct that ships will assist other ships in difficulties. It is also worth pointing out that the emergency towing vessels have not yet been decisive in rescuing any super-tanker because none has come to grief.

[Lord Greenway]

My Lords, would the Minister agree that the greatest risk occurs in the Dover Strait, which is one of the most heavily trafficked maritime areas in the world? The French have somewhat reluctantly moved one of their two large ETVs up from La Rochelle to cover the gap left by the withdrawal of our “Anglian Monarch”. Would he also agree that the Dover Strait is special because many of the ships transiting are deep draft vessels operating in comparatively shallow water? This leads to the danger that, if there were an accident, there would be a motorway pile-up situation—as last happened with the Norwegian car carrier “Tricolor”, which was run into by two other ships after she had sunk, and over 100 other ships passed within the clearly marked exclusion zone.

[Earl Attlee]

The noble Lord makes an extremely important point and his analysis is correct. However, although the Dover Strait is an area of higher likelihood because of the concentration of ships in the area, experience indicates that the consequences of a grounding are likely to be lower because the seabed is flat and sandy rather than rocky. Regarding his point about the motorway pile-up, the coastguard, with automatic monitoring of ship movements, will be aware immediately a ship stops moving and can warn other ships of the difficulties.

Maritime and Coastguard Agency

Debate between Lord Greenway and Earl Attlee

Wednesday 8th December 2010 Lords Chamber

[Earl Attlee]

My Lords, I cannot give specific assurances, but the proposal is to make sure that the radio systems are up to date, particularly in the use of digital networks.

[Lord Greenway]

My Lords, financial implications apart, is it not true that Her Majesty’s Maritime and Coastguard Agency has been going through a rather difficult period over the past five years? Does the Minister share my confidence in the new chief executive, which is felt widely in the maritime community, and agree with me that he will sort out the present problems, although it may take a little time to do so?