Marine Navigation (No. 2) Bill

Debate between Jim Fitzpatrick and Baroness Primarolo

Friday 30th November 2012 Commons Chamber

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I beg to move amendment 1, page 2, line 5, leave out clause 2.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 2, page 2, line 7, leave out

‘a member of the crew’

and insert

‘master, first mate or senior navigating officer’.

Government amendment 12 , line 7, leave out ‘member of the crew’ and insert ‘deck officer’.

Government amendment 13, line 8, leave out

‘omit “of which he is master or first mate”’

and insert

‘for “master or first mate” substitute “a deck officer”’.

Amendment 3, line 8, leave out

‘of which he is master or first mate’

and insert

‘master, first mate or senior navigating officer’.

Amendment 4, line 9, leave out

‘a member of the crew of the ship’

and insert

‘master, first mate or senior navigating officer’.

Government amendment 14, line 10, leave out ‘member of the crew’ and insert ‘deck officer’.

Government amendment 15, line 12, leave out ‘person’ and insert ‘deck officer’.

Amendment 5,  line 12, leave out ‘person’ and insert

‘master, first mate or senior navigating officer’.

Government amendment 16,  line 12, at end insert—

‘( ) In section 31(1) (interpretation) at the appropriate place insert—

“deck officer”, in relation to a ship, includes the master and first mate;”.’.

[Jim Fitzpatrick]

I am delighted to be here today. This is the third time we have had to debate clause 2. On Second Reading, we raised concerns about clause 2 and the pilotage exemption certificates, and in Committee we debated amendments that detailed some of our concerns. The Minister undertook to consider those and gave us some assurances. Those assurances were accepted, and we withdrew the amendments. We are pleased, now, to have what we hope will be a final debate on clause 2. It is the only clause that causes the Opposition any concern.

As we said on Second Reading and in Committee, we support the Bill and would like to see it pass today, but that will be down to the will of the House, the assurances we receive from the hon. Member for South East Cornwall (Sheryll Murray), whom I congratulate on piloting—forgive the pun—the Bill to this point, and, obviously, the assurances that the Minister can give on our amendments.

I am grateful for the opportunity to discuss the amendments in my name, including amendment 1, which the hon. Member for Shipley (Philip Davies) supports. I know that the Government take every amendment seriously—even more so when those on the Opposition Front Bench attach their names to it—but when the hon. Gentleman adds his tag it captures the Government’s attention, because they know there will be a good discussion about the amendment. Amendment 1 would delete clause 2 in its entirety, whereas our amendments 2 to 5 would amend it.

Amendment 1 registers the principle of opposition to change, based on the need for the certainty that exists at present. In previous debates I quoted from the Library note on the Bill, which outlines the history of pilot exemption certificates—and, indeed, the pilotage regulations—when it says:

“In March 1997 the Marine Accident Investigation Branch…published its findings into the grounding of the Sea Empress at Milford Haven in February 1996.”

The MAIB found that

“the initial grounding was caused by pilot error, due in part to inadequate training and experience in the pilotage of large tankers. It recommended that procedures should be developed and implemented for the effective monitoring of”

competent harbour authorities’ “standards and examination” of all pilots. That is what led to the present arrangements to ensure that vessels are piloted. That is the key issue, because any collision involving a vessel will lead to damage of the vessel or vessels and also poor infrastructure, while any subsequent pollution can have significant consequences, which we all want to avoid.

It was clear in Committee that there was support from the UK Maritime Pilots Association, which I know has been in correspondence with the hon. Member for South East Cornwall, the Minister and others. It said in an e-mail to me that clause 2

“is based on the specific commercial requirements of a small (aggregate dredging) sector of the UK shipping industry which for operational reasons is falling foul of the Working Time regulations. The net result of the clause will be to increase the risk of a serious maritime casualty within a UK port or approaches, seriously threatening: the safety of mariners and riparian communities, the safety of other shipping or vessels, ports’ infrastructures and ability to operate efficiently, environmental protection through increased risk of pollution”.

That is the UK Maritime Pilots Association’s starting point. I know that the whole House agrees that safety is a prime consideration in transport; therefore, when professional organisations raise concerns, they need to be addressed adequately. I am sure that in due course the Minister will respond in detail to the points I raise.

After the UKMPA’s e-mail there was correspondence from the officers’ representative body, Nautilus International, which said:

“It is important to state at the outset that Nautilus has been concerned for many years about the way in which PECs”—

pilot exemption certificates—

“are issued.”

Nautilus continued:

“we struggle to find any rational justification for the clause”—

clause 2—

“which would remove the existing restrictions requiring that PEC candidates should be a bona fide first mate or master.”

If amendment 1 is not accepted, which is contingent on what the Minister and others add to this debate, amendments 2 to 5 would address what we believe to be an inadequacy. The Government agree that there is a deficiency, as they have joined the hon. Member for South East Cornwall to table amendments 12 to 16, which give additional detail about the appropriate officer who should be empowered to pilot a vessel, so clearly there is an issue to clarify. We propose to add the words “senior deck officer”, whereas the Government and the hon. Lady propose the words “deck officer”. We are keen to hear the Government’s logic behind that—I will return to why we would include the word “senior” in a moment.

The Transport Committee’s 2008 report referred to pilotage exemption certificates and to the amendment in the original draft Bill to amend the provision for pilotage to extend the scope of those who can hold a PEC. The report stated:

“The proposed change would impose additional burdens on competent harbour authorities and make it harder to ensure that only appropriately qualified staff carried out pilotage. This could create unnecessary dangers. If it is necessary for the references to the Master or First Mate of a ship to be removed from the 1987 Act, we recommend that the reference to “bona fide” members of a ship’s crew be retained, for the avoidance of doubt. The Government should specify an appropriate rank or level of qualification for PEC-holders, following further consultation with the industry rather than leaving it to individual CHAs to assess each individual applicant’s relevant skills.”

We have also raised the question of the pressure that shipping lines might bring to bear on smaller ports to accept different levels of qualification.

The position in respect of the concerns about PEC holders was supported by port owners and unions alike at the time. Indeed, in Committee recently we heard that the British Ports Association and the UK Major Ports Group were still unhappy with the clause as it stood. I referred to the relevant correspondence, and the Minister kindly said that he would seek further clarification from the industry. I am sure that he will update the House on the outcome of those discussions shortly.

Industry representatives have subsequently written to say that they support the Government’s amendment whereby PECs would be extended to include the term “deck officer”, and that the term should be defined in the “Port Marine Safety Code” and the “Guide to Good Practice”. However, the second paragraph of their communication detailing this change of heart states:

“Having looked in some detail with both the Chamber of Shipping and the DfT as to whether a fuller definition could be contained within the Act, it is apparent that requiring, for example, STCW(Standards of Training, Certification and Watchkeeping) qualifications, would debar some existing PEC holders who are already operating safely and with the full support of the harbour authorities concerned.”

I hope that the Minister will be able to clarify that the term “deck officer” will not compromise that definition.

The UK Maritime Pilots Association takes a different view. It states that amendments 2 to 5 adequately cover the need for the appropriate competence and qualification. Its correspondence goes further, stating:

“The recently published Final Report of the EU PEC study determines the eligibility of PEC holders throughout Europe that generally the PEC applicant must hold a Master’s (STCW 11/2) certificate and that different rules exist as to whether a Chief Officer can obtain a PEC. There is no mention of junior officers being able to hold a PEC.”

So the definition of “deck officer” is very important to the debate, and I hope that the Minister will be able to give us the reassurance we are seeking.

There is an argument that the term “deck officer” in the amendments tabled by the Government and the hon. Member for South East Cornwall is inadequate. The UKMPA argues that the words in the Bill should read:

“Master, Chief Mate or other deck officer engaged on board at Management level holding an STCW A-11/2 Certificate of Competency”.

That illustrates the UKMPA’s acceptance of the term “senior deck officer” that we have proposed. The term “management level” is used in the STCW convention and the UKMPA believes that the term “senior deck officer” captures that meaning. The organisation e-mailed me to say:

“We now understand that it was the use of the word ‘senior’ that the DfT objected to in our proposed amendment…because the word ‘senior’ does not appear in the STCW convention, instead the phrase ‘Management level’ is the term used in its place.”

We are talking about the terms “senior deck officer”, “deck officer” and “management level”. The competence of the officer who may hold a PEC is critical in this regard.

Nautilus International believes that

“there is considerable evidence to show that the issue of PECs should be restricted to vessels that operate on regular trades and where it can be demonstrated that there is adequate manning”—

a word that I am unhappy about; I would much prefer “crewing”—

“to conduct safe pilotage. There is an associated need for a more effective regime to govern the issue of PECs and improved controls against their misuse.”

In conclusion, we still seek reassurance from the Minister and from the hon. Member for South East Cornwall on the very important question of PECs. We will listen carefully to their comments, and especially to the Minister’s response, to see how the Department for Transport interprets some amendments and reacts to others. Once we have listened to the Minister and received any explanation or reassurance he might be able to offer, we will decide whether the Opposition wish to press our amendments or support others.

Civil Aviation Bill

Debate between Jim Fitzpatrick and Baroness Primarolo

Wednesday 25th April 2012 Commons Chamber

[Jim Fitzpatrick]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

New clause 5—CAA general financial duties

‘In section 8 of the Civil Aviation Act 1982 (General financial duties) after subsection (4) insert—

“(5) It shall be the duty of the CAA to conduct its affairs in such a manner as to fulfil a general duty of efficiency in the use of its financial resources.”.’.

Amendment 2, page 2, line 11, clause 1, after ‘economy’, insert ‘, effectiveness’.

Amendment 1, page 3, line 8, clause 2, after ‘economy’, insert ‘, effectiveness’.

Government amendments 14, 15 and 19.

[Jim Fitzpatrick]

I do not expect to detain the House for very long on the new clauses, as they are primarily probing, but we are interested in Government amendment 19, which deals with clause 77. The apostrophe and full stop in the amendment look very curious indeed, and we look forward to receiving an explanation of their significance.

In Committee, the Minister teased us about our change of position on the Pilling report and on our support for National Audit Office oversight of the CAA. We said, in justification, that the world had moved on, and that evidence was coming forward, particularly from the British Air Transport Association at that time, in respect of the Government’s explanation of the CAA’s audit arrangements. BATA stated that it in fact involved a normal company audit to ensure that there was no fraud, whereas we were proposing an NAO audit examination of efficiency and value for money.

Only this week, Members will have seen the correspondence from Virgin Atlantic citing the example of the Financial Services Authority. The CAA will be run along similar lines to the FSA. Although the NAO is tasked with keeping track of taxpayers’ money, it has oversight of the FSA, which receives no income from the taxpayer. The CAA will be in the same position. There are clear parallels between the two organisations, so why will the NAO not have oversight of the CAA as well? Other industry-funded regulators are subject to NAO oversight, including Ofgem, which is funded by the energy companies, Ofwat, which is funded by the water companies, and Ofcom, which is funded by broadcasters, the media and communications providers. We are trying to address that anomaly in new clause 4.

Moving on to new clause 5, the Minister stated in Committee that she had written to the leadership of the CAA to say that she expected it to

“lead the Authority in such a way that it: is run efficiently and effectively, thereby minimising the cost on the aviation sector, and providing value for money”.––[Official Report, Civil Aviation Public Bill Committee, 13 March 2012; c. 344.]

We received evidence at the time, however, from British Airways, which stated that

“the CAA has scope to make significant improvements in efficiency”.––[Official Report, Civil Aviation Public Bill Committee, 13 March 2012; c. 342.]

That statement was referring to the CAA before it got its new powers and responsibilities, which placed even greater pressure on it. My hon. Friends the Members for Liverpool, Riverside (Mrs Ellman) and for Blackley and Broughton (Graham Stringer) raised this matter in Committee several times, and they might well try to catch your eye again today, Madam Deputy Speaker, in order to reinforce the point.

In Committee, the Minister pointed out the technical flaws in our original amendment, so we have tidied it up. We have taken her advice and ensured that the new clauses are more appropriately worded. She also said that she would reflect on the matters that we had raised in Committee, and we would be grateful if she would share her conclusions with the House today.