draft Merchant Shipping (Alcohol) (prescribed limits amendment) Regulations 2015

Michael Fabricant Excerpts

Tuesday 15th September 2015 General Committees

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

Good morning, Ms Dorries. It is a great pleasure to serve under your chairmanship this morning.

As we celebrated so successfully during London international shipping week last week, each year some 500 million tonnes of freight are handled by ports across the United Kingdom. This includes 40% of our food and a quarter of our energy supplies. On top of that valuable cargo, there are 28 million passengers using our ports annually. We entrust the safety of these people and goods to the professional mariners who navigate through our waters, some of which are the busiest in the world. It is vital that all members of crew, whatever their function, are capable of undertaking their duties effectively, and, in particular, that they are not incapacitated through the consumption of alcohol.

To address the risks posed by excess alcohol consumption, the Railways and Transport Safety Act 2003 made it a criminal offence for professional mariners sailing in UK waters or on board a UK-flagged vessel anywhere in the world to exceed specified limits. These were set at the same level as for motorists in England and Wales: in the case of breath, 35 micrograms of alcohol in 100 ml; in the case of blood, 80 mg of alcohol in 100 ml; and, in the case of urine, 107 mg of alcohol in 100 ml. When mariners are found to have exceeded these limits, they face prosecution. For example, in 2012, a cargo vessel collided with a ferry approaching Belfast harbour. Both ships were badly damaged, although, fortunately, there were no injuries or pollution, and both were able to proceed into port under their own power.

When the police breathalysed the master of the cargo vessel some hours after the accident, he was found to be still three and a half times over the alcohol limit. He was arrested, prosecuted and ultimately sentenced to a year’s imprisonment. That is just one example of how alcohol consumption can severely impair a seafarer’s ability to safely navigate a ship.

[Michael Fabricant (Lichfield) (Con)]

Next month, I shall be navigating the Oxford canal on a narrow boat. My hon. Friend will know, because we have discussed it in the past, that much money is made from tourists and people coming to this country and hiring narrow boats. Will this legislation affect people hiring narrow boats who perhaps enjoy a tiny tincture as they travel at four knots down one of our beautiful canals?

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[Mr Goodwill]

I will first make a few comments regarding the issue raised by the hon. Member for City of Chester. I extend my condolences to his constituent’s family; the situation must have been very traumatic and upsetting. I can tell him that work is being undertaken at the IMO to develop guidelines on dealing with crimes and disappearances at sea. I can certainly write to him about that in a little more detail. Of course, the ship in question would not be subject to these regulations, as it is not a UK ship and was not in UK waters. Indeed, enforcing and testing are the responsibility of the flag state—in this case, the Bahamas. If these things had happened on, for example, the new Britannia cruise liner, which is a UK-flagged vessel, the regulations would have applied.

As with the current limits, those before us will apply to professional mariners on duty—and to those off duty, if their duties would require them to take action to protect the safety of passengers in an emergency—on all ships in UK waters and on all UK-flagged ships anywhere in the world. Obviously, that would include the master of the ship and watchkeepers, but it might also include crew members on UK-flagged ships who have responsibility, for example, at lifeboat muster stations or for looking after children in an emergency.

[Michael Fabricant]

My hon. Friend said that the regulations would apply only to UK ships in UK waters. Does that mean, therefore, that if they are on the high seas, in international waters, the regulations will not apply?

[Mr Goodwill]

It is up to other nations around the world to do what we are doing and implement such measures in their national regulations, so that those measures would then apply to vessels flagged with that nation. That is why we are encouraging every member of the IMO do that.

[Michael Fabricant]

But is my hon. Friend saying that the regulations would not apply to a UK-registered ship that was not in UK waters?

[Mr Goodwill]

For the avoidance of doubt, the regulations will apply to UK ships anywhere in the world.

We are keen, as the hon. Member for Blackpool South said, to ensure that knowledge of these regulations is spread widely. Indeed, the Maritime and Coastguard Agency has issued notice to mariners about all the amendments made at the Manila conference, not just the one before the Committee today.

It is right that we should monitor compliance with the changes to the regulations. In the event of an incident, one of the first courses of action would be to breathalyse the crew and the master of the ship if there is any suggestion that alcohol may have been involved. Companies themselves will of course notify their staff of the changes. Indeed, many companies already have an alcohol and drug monitoring policy, and in many cases have zero tolerance to alcohol.