Hovercraft (Application of Enactments) and Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Amendment Order 2022

Lord Berkeley Excerpts

Wednesday 15th June 2022 Grand Committee

[Lord Mountevans (CB)]

My Lords, I have no comment to make on the hovercraft provisions but should like to raise two points. I am concerned about possible creeping criminalisation for seafarers. A pollution incident could take place due to a fault in a valve, a pipe or some such—work that could have been done by a shipyard or other third party—or something for which the crew are arguably not specifically responsible. I want the Minister to be very careful about extending to seafarers in this way criminalisation which might not be appropriate.

The second point is that shipping is a reserved power, but the legislation will generate different actions depending on the registered port of the vessel, so that a vessel registered in Aberdeen would not be liable to action, whereas a vessel registered in Southampton would. It would not matter per se whether the incident happened in the UK or elsewhere in the world, but the provisions in Scotland appear to be different and, if the ship is registered in Scotland, British ships could incur different penalties for a similar offence.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the noble Baroness for her introduction of this very interesting SI. My first question is: why now, apart from the fact that Brexit has happened? We have all been travelling on hovercraft for 40 years or more, and one could assume, therefore, that it has been all right to pollute from hovercraft for 40 years without anyone worrying and you need only one person on the bridge because the regulations do not apply to hovercraft. Can the Minister explain why hovercraft are different? There are other types of fast passenger boats around these days—they are probably called “jet boats”, or something like that. I am not sure why a hovercraft is so different, apart from the fact that it gets its lift from air which does not leak out. It is still a craft and therefore obviously still needs to be subject to the pollution regulations and the manning rules.

On manning, is the intention to make rules for hovercraft the same as for any other passenger vessel, where, I think, the rule is that if you do not have more than 12 passengers, you can have one person as the crew, whatever the size of boat? But then there are various rules according to the number of passengers, size of ships, weather conditions and everything else. Hovercraft generally do not operate in bad weather in the way that many ships can. Perhaps the Minister can explain how the manning regulations would be different on a hovercraft from an ordinary ship in the number of crew wanted.

Lastly, I think that, as the Minister said, the only service now in the UK is the one across to the Isle of Wight, but there used to be one across the channel. If that re-emerges in some shape or form—between the UK and France or another EU country—will we get into the same knot as has happened with P&O Ferries with manning and everything else? I hope that will not involve coming back here with some more regulations; I hope it is already covered. I look forward to her answers.

[Baroness Randerson (LD)]

I thank the Minister for her introduction, and the noble Lord, Lord Mountevans, for pointing out that the situation will be different in Scotland. It will also be different in Northern Ireland, so far as I understand it from my reading of the SI.

[Lord Berkeley (Lab)]

What about Wales?

[Baroness Randerson (LD)]

No, the situation will not be different in Wales; as so often, it is a case of “England and Wales”.

I join the noble Lord, Lord Berkeley, in asking why this is happening at this point. My research suggests that not only is there only one public hovercraft service left in Britain, but there appears to be only one commercial hovercraft service left in the world. If that is the case, hovercraft really are yesterday’s technology. They are even less likely to make a comeback following the huge increases in the price of fuel, because they consume very high amounts of fuel as well as being unreliable as a passenger service, of course, because they are difficult to operate in bad weather—and we get a lot of that in the UK. In modern terms, although hovercraft are exciting and interesting to travel on, they are environmentally unacceptable because of their high fuel consumption.

My suspicious mind led me to wonder whether there was a specific Isle of Wight issue. I would be grateful if the Minister would address in her answer whether specific aspects will be applied to the Isle of Wight service, which, despite all that I have said, is an important part of the infrastructure connections for people living on and visiting the island.

When I had stopped wondering why the measure was being introduced now, after all these years, I wondered whether this was part of the major catching-up exercise that the Minister has bravely embarked on in her department. We know that the Department for Transport has a backlog of marine legislation that long pre-dates her coming into her position there. Is this part of a routine catching up to ensure that we can apply rules to hovercraft that apply to other types of seagoing vehicle? I would be grateful if the Minister could answer my questions now, or in writing afterwards if she is unable to do so immediately.