Antarctic Bill

Lord Greenway Excerpts

Friday 1st February 2013 Lords Chamber

[Lord Greenway]

My Lords, I, too, thank my noble friend Lord Montgomery for introducing this important Bill. I shall not wax lyrical about Antarctica like the noble Lord who has just spoken because I have not been there, although I have been ice-breaking up in the Arctic.

As your Lordships would expect, I shall confine my remarks basically to the maritime side of the Bill and, in particular, to cruise ships, which have been mentioned by a number of noble Lords.

Under the Bill, any vessel visiting Antarctica has a duty to have contingency plans in the event of an environmental emergency there. There is also a need to have adequate insurance cover or other financial security to cover liabilities in the event of an environmental emergency. The UK Chamber of Shipping and the International Group of P&I Clubs—that is, protection and indemnity clubs—raised some concerns while the Bill was going through the other place. They thought that it needed to be made clear that the liability limits found in existing conventions which allow ship operators to limit liability, as ratified by the UK, would be respected in implementing this Bill’s limits for environmental emergencies. Several exchanges took place and I believe that a ministerial Statement was made in the other place to try to quantify those concerns. I hope that the Minister can confirm that under this Bill the liability provisions will come in only when existing liability provisions, already ratified, have exhausted themselves.

There are a number of maritime conventions to which this country has provided ratification and which cover specific liabilities in relation to oil pollution and so on. For liabilities not covered by these conventions, there is the right to limit liability under the Convention on Limitation of Liability for Maritime Claims—the LLMC—of 1976, to which a protocol was added in 1996. In essence, the right to limit liability for ships or ship-source pollution stems from the need for the risk to be quantifiable, and therefore insurable, with the advantage of prompt settlement of claims arising from such incidents. I should be grateful if the Minister could confirm that.

I was interested in the suggestion of the noble Lord, Lord Avebury, that ships should be charged according to the number of passengers on board. The larger ships which used to visit Antarctica are not doing so so often now. They are mainly smaller ships—including expedition ships, as has been mentioned. A lot of them are former Russian ships which are ice-strengthened, and the Russian masters are very well versed in dealing with ice conditions.

[Lord Avebury]

Advertised tours include ships as large as 260 passengers. That seems to be about the maximum.

[Lord Greenway]

Yes, 260 passengers is a very small cruise ship these days when some of them can take 4,000 passengers. We are talking about fairly small ships. My understanding is that no large British ship has been there for a number of years and certainly no British ship is scheduled to visit this year. Basically, this Bill relates to the UK. Ships that belong to other countries, some of which have not ratified some of these conventions, are a different matter and there is concern about them.

I understand that the International Maritime Organisation is in the process of developing a new mandatory polar shipping code which could be completed next year but we do not know yet whether it will be. That was activated by the sinking of the “Explorer”, which the noble Lord, Lord Avebury, mentioned. These things are not always as simple as they seem. My feeling is that companies feel that it is difficult for the larger ships to visit Antarctica because, quite simply, there are too many people on board to go ashore. That is why smaller ships are being used.

This is a very worthwhile Bill and I think that it should be passed expeditiously.