Draft Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022 Draft Merchant Shipping (High Speed Craft) Regulations 2022

Lucy Frazer Excerpts

Wednesday 19th October 2022 General Committees

[The Minister of State, Department for Transport (Lucy Frazer)]

I beg to move,

That the Committee has considered the draft Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022.

[The Chair]

With this it will be convenient to consider the draft Merchant Shipping (High Speed Craft) Regulations 2022.

[Lucy Frazer]

It is a pleasure to serve under your chairmanship, Mr Robertson.

The draft Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022, which I shall refer to as the draft bulk carrier regulations, and the draft Merchant Shipping (High Speed Craft) Regulations 2022, which I shall refer to as the draft high speed craft regulations, relate to the safety of large sea-going bulk carriers and high speed craft. Bulk carriers are vital in the trading of world commodities. They transport unpackaged cargo such as cement, grain, coal and iron ore. High speed craft are, generally, UK registered rapid passenger craft or non-UK rapid passenger craft operating in UK waters. They include some twin-hulled vessels, hydrofoils and air-cushioned vessels such as hovercraft.

Both statutory instruments will be made under safety powers conferred by the Merchant Shipping Act 1995. Both are also subject to the enhanced scrutiny procedures under the European Union (Withdrawal) Act 2018 because they amend or revoke provisions in earlier instruments that were made under, or amended by, section 2(2) of the European Communities Act 1972. Neither of the instruments implements any EU obligations.

The draft bulk carriers regulations and the draft high speed craft regulations implement the most up to date requirements of chapters 12 and 10 respectively of the annex to the International Convention for the Safety of Life at Sea 1974, known as SOLAS, affecting bulk carriers and high-speed craft. Both SIs bring UK domestic law up to date and in line with internationally agreed requirements. The draft bulk carriers regulations and the draft high speed craft regulations contain direct references to requirements of SOLAS. Future updates to those provisions will be given direct effect in UK law when they enter into force internationally. That assists in keeping UK legislation up to date with international requirements.

The bulk carriers regulations will replace the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999 to implement the most up to date requirements of Chapter 12 of SOLAS affecting bulk carriers. The high speed craft regulations will replace the Merchant Shipping (High Speed Craft) Regulations 2004 to implement the most up to date requirements of Chapter 10 of SOLAS, affecting high speed craft. Chapter 10 gives effect to the High Speed Craft Codes 1994 and 2000, which contain the detailed requirements applying to high speed craft. As their names suggest, those codes were first agreed internationally by the International Maritime Organisation in 1994 and 2000 but have since been updated, most recently in 2020.

The regulations will further improve the safety standards for high speed craft, and will enable the UK to enforce those requirements against UK high speed craft wherever they may be in the world, and non-UK high speed craft when in UK waters. That provides a level playing field for industry. The amendments bring UK legislation up to date and in line with internationally agreed requirements.

The regulations will bring into UK law outstanding updates to SOLAS Chapter 12 concerning the safety of bulk carriers, which the UK has already agreed to at the IMO. Those requirements include damage stability and structural strength requirements, standards, and criteria for side construction, as well as standards for the owner’s inspection and maintenance of bulk carrier hatch covers. They also include a requirement for a loading instrument to provide information on the stability of a bulk carrier under 150 metres in length, and restrictions on bulk carriers of over 10 years of age from sailing with any hold empty. The amendments came into force internationally on 1 July 2006.

My Department held an eight-week public consultation on the draft bulk carriers regulations. One response was received, which was not contentious, and which raised a valid question seeking clarification on how the ambulatory reference provisions would work. A response to this was issued, as well as a post-consultation report, which was published on GOV.UK. We have 28 bulk carriers on the UK flag; these are all already compliant with the requirements of the draft bulk carriers regulations. Making the regulations will enable the UK to enforce the same requirements for bulk carriers as other states which UK registered bulk carriers are currently subject to when entering foreign ports; that will provide greater equality between UK shipping companies and foreign operators.

The updated requirements of SOLAS Chapter 10 set out in the High Speed Craft Codes 1994 and 2000, which the proposed regulations seek to implement, introduce both the new requirement for crew drills on entry to, and rescue from, enclosed spaces, such as machinery spaces, to be conducted every two months, and the recording of those drills alongside other similar records currently kept for fire drills and other life-saving appliance drills. Those updated requirements came into force internationally on 1 January 2015.

In addition, the regulations implement two further changes to the codes. First, they introduce updates to the requirements for life-saving appliances relating to rescue boats and life rafts. Secondly, they abolish the current monopoly on satellite service provision to ships, opening the market to any provider meeting the required standards. Both of those measures came into force internationally on 1 January 2020.

Those updated requirements are important for ensuring the safety and stability of high speed craft, and increase safety standards to align them with the international requirements. Introducing those requirements in these regulations will enable the UK to enforce those standards in respect of high speed craft in the UK’s waters. We have almost 30 high speed craft on the UK flag to which the new regulations will apply. We currently have no foreign flagged high speed craft operating in UK waters. The regulations will apply to all high speed craft, with the 1994 code applying to older vessels and the 2000 code applying to vessels built or substantially modified on or after 1 July 2002.

The regulations also make amendments to the Merchant Shipping (Fees) Regulations 2018 to enable fees to be charged for the inspection, survey and certification of high speed craft by the Maritime and Coastguard Agency.

I have highlighted the importance of both sets of regulations, including improving safety standards, meeting the UK’s international obligations and ensuring a level playing field for UK shipping companies. I hope that all Members will agree that the SIs implement important updates to SOLAS into domestic legislation regarding bulk carrier safety and the safety of high speed craft. I therefore commend the instruments to the Committee.

--- Later in debate ---

[Lucy Frazer]

It was a pleasure to get a football update from the hon. Member for Wythenshawe and Sale East, and to hear his points and questions. I am very pleased to hear that the Labour party will not oppose these important and sensible safety measures.

The hon. Gentleman asked a number of questions, and although I will not be able to answer all of them, I will answer as many as I can, and of course I will write to him on any outstanding questions.

On the level of fines, they will be unlimited in England and Wales and subject to a statutory maximum in Scotland and Northern Ireland. Trade unions were consulted on the bulk carriers, and a reminder was also sent two weeks before that consultation closed. The hon. Gentleman asked whether there was an obligation on ports to monitor repeat offences, and that task will be undertaken by port state control officers. He also asked whether international bodies are aware of the proposed changes. I would remind him that the SIs are implementing an IMO standard, so of course other countries have agreed to that standard at international discussions.

On international enforcement, all maritime administrations will know about their requirements. All HSC operators and enforcement agencies will know that their vessels are HSC. Fines in relation to high speed craft, just as for bulk carriers, will be unlimited in England and Wales, and subject to a statutory maximum in Scotland and Northern Ireland.

The hon. Gentleman mentioned the delay in consideration of delegated legislation. The Government are very conscious that it is important that we implement our international obligations. Unfortunately, we have had to implement a large number of measures on account of covid and other matters, and there has been some delay. We apologise for that, but as my predecessor told the Secondary Legislation Scrutiny Committee, the backlog will be cleared by the end of 2023. That is currently on track to be achieved, so I hope that offers the hon. Gentleman some comfort.

For all those reasons, I ask that the Committee to agree the Statutory Instruments.

Question put and agreed to.

DRAFT MERCHANT SHIPPING (HIGH SPEED CRAFT) REGULATIONS 2022

Resolved,

That the Committee has considered the draft Merchant Shipping (High Speed Craft) Regulations 2022.—(Lucy Frazer.)