Merchant Shipping (Fire Protection) Regulations 2023

Debate between Lord Greenway and Baroness Randerson

Tuesday 2nd May 2023 Lords Chamber

[Lord Greenway (CB)]

My Lords, I think this is the first occasion we have had to welcome the Minister to her new post as Shipping Minister. My mind goes back nearly 40 years to when it was almost de rigueur for the Shipping Minister to reside in this House, so it is extremely welcome to have a Shipping Minister back with us again.

These draft resolutions are extremely important, as has been pointed out by the noble Baroness, Lady Scott. Fire, as she said, remains one of the major areas of disaster at sea. Ships, thank God, are not usually built of wood any more but they carry all sorts of noxious substances that burn like hell if they catch fire and there have been a number of notable examples recently even of car batteries catching fire and sinking ships.

I should say we are almost here again. Every time we have one of these regulations coming forward, we say the same thing: why has it taken so long for this to be incorporated into British law? The original fire protection regulations were in 2003 and almost immediately there was a change in 2004. As we have heard, there have been about 20 such changes since then. Why has it all suddenly come into one thing nearly 20 years later? It hints, dare I say it, at a certain amount of sloppiness in the department that these things have not been dealt with more promptly.

Our standing is still, thank goodness, very high in the International Maritime Organization but things like this cannot help in due course. I know we do not have the merchant fleet we had many years ago but we are still an important player in the maritime scene and I think we should be acting more promptly to agree new regulations.

The “ambulatory reference” provision is most welcome because I hope it will put an end to all this complaining about delay because when new regulations come out of the International Maritime Organization it will be automatic in future.

I certainly have a lot of sympathy with the noble Baroness, Lady Scott. The performance of this country has not been up to scratch in these maritime matters, but I welcome the fact that everything should be sorted out by the end of this year.

[Baroness Randerson (LD)]

My Lords, I start by thanking my noble friend for tabling her amendment and giving us the opportunity to raise these important issues. I also thank the Minister and acknowledge her efforts to tackle this backlog which is of such concern to us all. I want to mention here the role of the Secondary Legislation Scrutiny Committee, of which I recently became a member. I have often referred to its excellent work in making sure that our attention is drawn to these important lapses.

As others have said, this SI relates to a total of about 20 IMO resolutions which successive UK Governments have so far ignored. Some of these, as has been pointed out, date back 20 years. The Minister referred to resources and I think that reveals to us how hopelessly beyond the Government’s capacity are their plans for the future revocation of EU law. If they cannot manage 20 year-old IMO regulations on fire, they are not going to manage several hundred transport-related pieces of legislation.

All of this relates, of course, to fire protection and, as has been pointed out, fire is one of the greatest dangers faced by mariners and their passengers. It is important to remember that these regulations relate to passenger vessels. That means that there will be people on board who are not professionals, not trained in how to respond if a fire breaks out, and not familiar with how things work or the layout of the ship; in other words, there are lots of people on board—the passengers—who are an additional risk, so it is not just mariners and their status we should be concerned about.

Some of these 20 regulations are about fire detection—the design of extinguishers and storage arrangements. As the Minister said, they are very technical. But some of them are about the basic design and construction materials of the ships concerned. So we could be talking about a maritime version of the Grenfell situation, where dangerous materials have been used. I have no reason to believe that that is the case, but I have no evidence, and neither do any of the rest of us, about whether there is a problem, because it has not been the subject of regulation.

Seafarers’ Wages Bill [HL]

Debate between Lord Greenway and Baroness Randerson

Wednesday 26th October 2022 Lords Chamber

[Lord Greenway (CB)]

My Lords, I very much endorse what the noble Lord, Lord Forsyth, just said. I am very concerned about this amendment, as is the Chamber of Shipping. The Bill is part of the Government’s nine-point plan to address the whole problem of seafarer welfare—an important one nevertheless, dealing with services with close ties to the UK, making regular port-to-port international voyages adding up to 120 calls a year. It is not just about Dover/Calais; ports all around the country will be affected, so it is wrong to concentrate just on Dover/Calais, although admittedly that is where the main problem occurred.

The Government went through extensive consultation on the Bill and came up with the figure of 120 calls a year, which is probably the right balance. I know that the chamber is very concerned that widening the scope of the services affected to those making only a single call a week would draw in a very large number of non-UK ships, subjecting many more foreign companies to UK national minimum wage legislation. In turn, that would provoke a severe reaction from the international shipping community—and I know that the International Chamber of Shipping is especially worried about this. In turn, this could be seen as an even greater infringement of international conventions and an excessive claim to prescriptive jurisdiction.

It would also be impractical for the Government to oversee such a large and diverse number of shipping services calling at UK ports, increasing the administrative burden on ports, as has already been said, and creating uncertainty across different shipping sectors such as coastal, wet and tanker services, dredgers and other services that were never intended to be part of this Bill. Any decision to have a scope in the Bill that is way beyond the original stated intention will seriously damage confidence in the UK as a global centre for shipping; it also risks fewer ships calling at UK ports.

My noble friend Lord Mountevans has taken a greater part in this Bill than I have, so in many ways I am speaking for him. I say to the noble Lord, Lord Berkeley, who is a good friend, that no cruise ship would be affected by this amendment, because cruise ships do not call that frequently and most of them migrate during the winter months. So, I do not think that the effect of his amendment would be as great as he might have hoped, and therefore I hope the Government will resist it.

[Baroness Randerson (LD)]

My Lords, I want to start by thanking the noble Lord, Lord Berkeley, for his usual attention to detail on these issues. The noble Lord, Lord Forsyth, said that he had not participated before. If he had, he would know that the scope of the Bill has been a persistent topic, and those of us who have been engaged throughout have pressed the Minister on a number of occasions, and in a number of ways, to define it more closely. I am particularly interested in Amendment 2; the key point here is the reduction in the number of visits required to demonstrate close ties and regular links with the UK—the noble Lord has suggested a reduction from 120 to 52.

The argument against that is that it might bring in a new range of services, and I understand the Government’s desire to avoid mission creep. But the truth is that although we all agree with the principle of this Bill—that seafarers should be paid a decent wage—in practice it is very poorly drafted. It has imprecise definitions, penalties that are in practice not going to be imposed—such as the denial of access to the harbour, which will come up in an amendment later—and a very cumbersome structure whereby the Government will rely on harbour authorities to implement the rules. I believe it would not have got this far in its current state if the Government had not been so distracted recently; we are after all on the third Secretary of State in three weeks, and it is difficult to get that continuity.

To address the specific issue of the numbers, the noble Lord suggests that the total is 52. It is easy, as the noble Lord, Lord Greenway, has just pointed out, to base one’s judgments on what happens from Dover; in practice, there are ferry services in the rest of the UK that are in every way similar in structure, ownership of the company and the seafarers involved, but they go much less frequently. It is possible to envisage, for example, some of the ferries between the north of England and Scandinavia and ferries between the south-west of England—maybe Poole—and the north of Spain. Those are regular ferry services that often do not run at all in winter, so a total of 52 may not be out of kilter with what is required.

In the interests of fair wages, it might be worth broadening the definition. I urge the Minister to consider that, and to look, even at this late stage, at the pattern of services throughout the UK. There may well be a case to reduce the total number of services which are caught in the Bill.

Merchant Shipping (High Speed Craft) Regulations 2022

Debate between Lord Greenway and Baroness Randerson

Tuesday 11th October 2022 Grand Committee

[Lord Greenway (CB)]

My Lords, I am grateful to the Minister for describing these regulations. As she said, under chapter X of the IMO’s SOLAS convention the high-speed craft codes are regularly updated to incorporate advances in safety technology. That is the reason for these regulations.

The changes the Minister outlined are acceptable to the UK shipping industry, as evidenced by the response to the consultation process. The addition of the ambulatory reference provision to keep UK law aligned with IMO obligations is also welcome. As she said, we hope it will speed up the process as this is just another of those maritime SIs that we should have discussed some time ago.

I understand that many of the changes proposed have already been adopted by UK owners, especially by those trading internationally, because it is in their own interests to do so. I believe that some of them would like to have more advance warning of what new changes are being discussed at the IMO so that they have an idea of what might come through the pipeline.

As the Minister said, these high-speed craft come in many shapes and sizes. I have been slightly mystified as to what the size parameters are, because the only thing I have found relates to cubic metres, and I cannot relate cubic metres to a vessel. She mentioned Thames Clippers, so it obviously comes down to a relatively small craft. An upper limit does not really apply, because these craft do not get to enormous sizes.

Another area for high-speed craft, and one that is rapidly increasing, is in the offshore service sector. I looked this up to see what was going on, and I understand that there is already a High-Speed Offshore Service Craft Code. Presumably, those sorts of craft are not included in these regulations. If the Minister and her advisers could help me with a parameter for these regulations, in relation to the vessels they cover, I would be most grateful.

In the offshore sector there is enormously interesting development going on, with the latest things being all-electric craft that fly on foils. Seen from ahead, you wonder how on earth they manage to go about their business, when the ship is high out of the water and there is just a single foil going down into the water. These are exciting prospects and ones that I hope will lead to great commercial success in future. In the mean- time, I welcome the regulations.

[Baroness Randerson (LD)]

My Lords, it is good to see another small step on the long path facing the Department for Transport, as it tries to catch up with the backlog of maritime legislation waiting to be adopted into UK law. The legendary Secondary Legislation Scrutiny Committee has been watching this process and has produced three reports on this problem over three different Sessions of this House. The impact of this backlog is that the UK is failing, in effect, to live up to its international obligations, which is a matter of concern to many of us—and I think is undoubtedly a matter of concern to the Minister, to judge by what she has said before. Some of her colleagues are not that concerned about international obligations, but I know that she is.

This current lapse seems to be a potential matter of life and death, because these regulations relate to chapter X of the International Convention for the Safety of Life at Sea 1974. Since they also specifically refer to high-speed craft, I assume that there is potential for considerable risk.

I have read the legislation and the Explanatory Memorandum, and I remain a bit confused as to exactly what is covered, because the Explanatory Memorandum specifically refers to

“fire-retardant aspects of construction and fire detection and extinction devices, life-saving appliances (including life-rafts and lifejackets), navigational and stability systems”.

Paragraph 13.3 of the EM refers to these as having

“key implications for safe operation”

and it seems obvious that they do, because they are an area where technical improvements in design and manufacture will have increased the effectiveness of that equipment. But the legislation also talks about people being drunk at sea, obeying orders to leave the ship and so on, so I would welcome clarity from the Minister as to exactly which of these sets of issues we are very late in implementing, if I can put it that way. Several different dates are fired at us in the Explanatory Memorandum. How late are the Government in implementing this? Exactly how much of this is gravely overdue?

When we have discussed other delayed maritime legislation, the Minister has attempted to reassure us that, for various reasons, we have been in effect carrying out the legislation anyway. The noble Lord has just referred to the fact that a craft operating internationally would have had to do that, but those operating just domestically would effectively have been exempt. It seems to me that if we are referring to changes made to chapter X in 2014, we are eight years behind schedule. Have I understood this right? Can the Minister tell us whether there have been any incidents or accidents where the lack of this legislation has been a factor?

The delay in bringing these new powers definitely seems to have been one of the more reprehensible issues that have come from the delay in so much of this maritime legislation, and therefore I am extremely pleased to see that the department is continuing to try to catch up on this issue.

Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022

Debate between Lord Greenway and Baroness Randerson

Thursday 13th January 2022 Grand Committee

[Lord Greenway (CB)]

My Lords, I too am grateful to the Minister for introducing this order. As she said, the convention dates from 2004 and was not ratified until September 2016 by 30 states, representing 35% of the world’s merchant tonnage. By the time it came into force a year after that, over 60 countries had ratified it, representing over 70% of the world’s shipping.

The Minister mentioned the delay in bringing forward this order. I am not certain that I entirely buy her explanation. It seems to me that when so many other countries, representing so much of the world’s shipping, have already ratified it, it does not do our reputation as a so-called maritime nation much good when we are seen to be dragging our feet over these conventions.

She also mentioned in passing the Chinese mitten crabs. When I went through the list, it read more like something out of a science-horror movie, since we also have round goby, North American comb jelly, zebra mussels, toxic algae and even cholera, which has been transported on micro-organisms such as plankton. There are some very nasty things going around, as the noble Lord, Lord Berkeley, just said, and this convention was brought in for very good reasons.

There is one thing I would like to ask the Minister. What has been the position with our ships? This measure does not mean that an awful lot of ships, in the general sense of the word, would be affected because our Merchant Navy is a shadow of what it used to be. But what has happened to those ships to enable them to continue trading? Have they been, on their own accord, taking the actions necessary to comply with the convention in order to trade? If they were seen to be operating under the flag of a country that had not ratified, they would quickly be picked up by port state control around the world and forbidden to trade. I would be grateful if the Minister could shed some light on that.

[Baroness Randerson (LD)]

My Lords, I welcome this important environmental measure and thank the Minister for her explanation. In particular, I was fascinated by paragraph 6.3 of the Explanatory Memorandum, which explains the complexity about which comes first: the ratifying of the convention or these regulations. However, that does not explain why it has taken since 2004 for us to get to this stage.

I realise that we were not alone because, as the noble Lord, Lord Greenway, just explained to us, it took until 2017 for 30 countries representing 35% of the world’s tonnage to ratify the convention. But it is a serious matter of concern and shame for us that the nations with 70% of the world’s tonnage have now signed up and we have not yet managed to do so, although it will happen soon. It is depressing that, as a once-great maritime nation, we yet again have been slow to adopt international and environmental measures that were a matter of urgency.

Perhaps the Minister can clarify, but am I right that our slowness has simply been because of the huge backlog of maritime measures that the Department for Transport managed to build up? Was it simply overlooked, or has it been a lack of enthusiasm by successive Governments to sign up that has been the problem?

There is a key point, not explained in the Explanatory Memorandum. I am sure that noble Lords will forgive my ignorance, but do ships need new technology to manage their ballast water in the way that will be prescribed, or is it just a matter of better management? I am not clear whether it is that all modern shipping would have the correct equipment, and so on—but I am surprised that there has been no impact assessment. I would assume, whether it is better management or modern equipment, either way there will be costs for ship owners as a result of this SI. However, I welcome the fact that we have finally got round to it.

Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Debate between Lord Greenway and Baroness Randerson

Tuesday 14th September 2021 Grand Committee

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her very clear introduction. I have no criticism of the regulations themselves, but I want to concentrate on the backlog of maritime legislation within the department and its impact on the sector. I am very grateful to the Secondary Legislation Scrutiny Committee. It has repeatedly drawn attention to this problem, which has existed since 2016. Since then there have been five separate updates to MARPOL, to which the Minister referred. I believe the department still needs to implement over 40 changes to maritime legislation. These regulations, although very welcome, are very late as well.

The Department for Transport says that it has not prioritised this raft of legislation because operators tend to comply with IMO regulatory requirements as ships cross international boundaries all the time. That statement is contradicted by the Government’s own Explanatory Memorandum, which states that the ability of inspectors to sanction non-compliant ships will be very limited until these regulations come into force.

My real concern is the vagueness of all this, so can the Minister provide us with a lot more detail? First, on the simple numbers, the SLSC was told that, of the 40-plus backlog, 10 have now been made, 10—including this one—are in the final stages, and another eight are in the very final stages of preparation and anticipated to be introduced in the 2022-23 Session. The remainder are at an earlier stage of development and are anticipated to be complete by the end of 2023. This is far too slow and could mean that some legislation has been delayed for seven years.

Can the Minister explain exactly how many pieces of legislation are in that final slow lane and why they have been placed there? I realise it is far too much to ask for this to be done here, but could she write to us with a list of all the pieces of legislation in this backlog and say which pieces are in which category? The original DfT target to deal with this backlog was 2020, so why has it lapsed so badly?

I realise that the pandemic has affected everything, but in itself that is not a sufficient excuse, because the pandemic goes back only some 18 months and this backlog goes back to 2016. It must be seen in the context of other delays in DfT legislation. We are in a position where we need more legislation on EVs, driverless cars and other key areas of transport development. A major question must be why the department does not devote more resource to keeping up with modern transport developments. I agree with the committee, which labels the number of delayed pieces of legislation “highly disturbing”.

This is not just a numbers game. Let us look at the implication of these pieces of legislation. Many of them, like this one, have environmental implications. This one concerns sulphur oxide and nitrogen oxide and is about reducing air pollution; it is another example of a Government who talk tough on pollution but fail to deliver on the crucial detail. We must remember that this is about the health and working conditions of sailors as well as the overall state of our planet. Working conditions for many in the maritime sector are often very poor. Many are subject to exploitation and they are certainly often overlooked. We owe it to them to ensure that the UK upholds the highest standards.

This is London International Shipping Week, and I note that the industry has committed itself this week to zero carbon by 2050. It certainly needs the Government to do a great deal more to support it in achieving that. So although these regulations are welcome as far as they go, I would like to see much more from the Government to demonstrate that they are serious about tackling emissions from ships because of the impact on ships’ crews, cruise passengers and dockyard workers, as well as on our planet.

[Lord Greenway (CB)]

My Lords, I agree very much with what the noble Baroness, Lady Randerson, just said about these regulations. I have no problem with them, as she has already said, but I regret very much the considerable delay that has occurred in bringing them forward, and I hope that we will hear some sort of explanation from the Minister when she comes to sum up.

These regulations are not a great surprise. Our shipping industry has been well aware of what is going on for quite some time now, and it has been forced to act by the introduction of these emission control areas, which stole a march on the International Maritime Organization’s regulations by bringing in things that applied not to the whole world but merely to the specific areas that the Minister mentioned. By and large, our own ships have already made the necessary adjustments to be able to operate in these low-sulphur areas.

I have been in this House for 45 years—I am horrified to say it—and in that period I have seen our merchant fleet reduced from a fairly large standing in the world to something that is almost pathetic compared with what it was. We are not the force in international shipping that we were and that is a huge regret, but this country still has great expertise in the maritime field. The Government have set up a new committee to look into things such as finding a new means of propulsion, in effect to try to replace the internal combustion engine. I do not know how that is going, and the Minister probably cannot help me on that, but we still have a part to play in international shipping.