Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022

Lord Tunnicliffe Excerpts

Tuesday 19th July 2022 Grand Committee

[Lord Shipley (LD)]

My Lords, I welcome the legislation being updated to ensure that we meet our international safety obligations for bulk carriers; it is clearly right to do so. There was an eight-week consultation, which elicited only one response, resulting in no changes, so it is good that there was full consultation.

However—the noble Lord, Lord Berkeley, covered this point—there seem to have been no substantive amendments to the regulations since 2004. The 2018 amendments were minor, yet the design of bulk carriers has been transformed since the turn of the century, and ships are much larger, so it is extremely important that our legislation is up to date. We welcome the fact that this SI sensibly establishes a system for keeping us in step with international standards for the future.

The Explanatory Memorandum, at paragraph 3.2, explains the conclusions of the Secondary Legislation Scrutiny Committee, which discovered a massive backlog of EU maritime legislation that had never been incorporated into UK law. This seems to go back more than a decade, which suggests that we have not been internationally compliant, which would be a worrying situation for a maritime nation. I therefore ask the Minister whether what I have just said is true; I should appreciate confirmation.

The noble Lord, Lord Berkeley, made a number of points, one of which was about enforcement. I have two questions on that. As I understand it, there are 28 bulk carriers registered on the UK flag, and they are all, apparently, already compliant. Paragraph 4.2 of the Explanatory Memorandum says that bulk carriers registered under other flags must also comply while in UK waters.

Worldwide, there are many thousands of such bulk carriers. It would be helpful for the Minister to say how many carriers under other flags are entering UK waters, let us say in the course of a year, and what checks have been done and will be done to establish that they comply with the convention. Clearly, in the context of many thousands of bulk carriers across the world, only 28 are registered with a UK flag.

Secondly, the statutory instrument has a long and complex list of exceptions in Regulation 7. Is the Minister convinced that it will be effective given that number of exceptions, and are they all based on international precedent and regulations which are adopted elsewhere? In other words, is that list of exceptions our list that would apply only to this country, or are we establishing exceptions based on what other countries also do?

I welcome generally the statutory instrument—the proposal is absolutely right—but it has raised a number of questions and it would help if they were clarified.

[Lord Tunnicliffe (Lab)]

My Lords, I welcome the draft regulations to revoke and replace the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999, to ensure that the International Convention for the Safety of Life at Sea 1974 is fully implemented.

These regulations affect bulk carriers and enforce chapter XII requirements, such as standards and criteria for construction, inspection and maintenance of both UK-flagged and non-UK flagged vessels. On this, can the Minister confirm what discussions the department held with international counterparts to ensure that non-UK flagged vessels are aware of these changes? It is important that these are fully incorporated into domestic statute, in part so that they can be enforced but also to act as a deterrent, which will make bulk carriers safer, including for the benefit of seafarers. On the issue of seafarers’ safety, can the Minister confirm that the department worked with trade union representatives in the development of these regulations?

There are, of course, limitations to the application of the regulations; the requirements for bulk carriers of double-side skin construction cover only those constructed on or after 1 July 2006. Is the Minister able to provide an estimate of what proportion of carriers are therefore covered? I welcome the regulations and I hope that the Minister can provide some clarification.

I know absolutely nothing about bulk carriers; I have to admit that it has really stood in my way in this House. There is a fair old gap on this occasion, so I went to my friendly Google and came away terrified. It seems that these ships face a worrying variety of hazards. We had the “Derbyshire”, which is a story relevant to today. In a sense, the problem with these regulations is that they are about complying with somebody else’s regulations. I feel that to some extent it would be useful if there could be some overview of how safety has improved. In particular, is there anything outstanding? Do we know of risks that are not covered but which ought to be addressed, simply because they have emerged through recent design changes, different cargoes, and so on?

Secondly, can the Minister give a few words of comfort about the many ships which, I assume, were constructed before 1 July 2006? Are those ships safe on the seas and in our ports?