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

Mike Kane Excerpts

Wednesday 19th October 2022 General Committees

[Mike Kane (Wythenshawe and Sale East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I see that Bolton Wanderers are lying seventh in the championship, but they have a game in hand, so there is hope yet of promotion at the end of the season. I know that I am allowed to digress for one time under your chairmanship of any Committee to discuss such matters.

I can see from the expression on the faces of Conservative Members that they came into politics to talk about bulk carriers and high speed craft regulations. I can see that they are all on their mobile phones checking the current update on them or perhaps—

[Valerie Vaz (Walsall South) (Lab)]

They are tracking ships.

[Mike Kane]

Are they tracking ships that sail in the night? Indeed. Enough of the nautical puns.

I genuinely welcome the Minister to her place; I have had to do that a few times now over the past few years. I thank the civil servants for their hard work in bringing Ministers up to speed so quickly, as is apparent today. It would have been nice if the Secretary of State, who directly answers for maritime matters, had been here, but the Minister is not a second preference and her presence is most welcome.

Let us get down to business. We are here to discuss the additional safety measures for bulk carriers. Of course we would never object to anything that improves safety and conditions for seafarers. We welcome the draft regulations to replace the Merchant Shipping Regulations of 1999. That will ensure that the International Convention for Safety of Life at Sea 1974 is fully implemented.

As we all know, bulk carriers are vital in the world of commerce, as they carry unpackaged cargo such as coal and cement. Without those carriers and the brave work of those seafarers during covid we would not have kept our country stocked and supplied. The prime hazards associated with the shipment of solid bulk cargoes are those relating to structural damage due to improper cargo distribution, loss or reduction of stability during a voyage and chemical reactions of those cargoes. I note the updates relate to bulk carriers with empty holds and set standards to protect the watertight integrity of the ship, so ensuring that when loading there is an instrument that assesses the ships design and how its stability might be compromised during the process. That instrument was previously only required in bulk carriers over 150 metres in length. The updates bring in improved and updated standards on the maintenance and inspection of hatch covers, ensuring their integrity, and of single and double skinned carriers.

The primary aim of the bulk carrier statutory instrument is to facilitate the safe stowage and shipment of bulk cargoes by providing information on the dangers associated with said shipments. Those regulations will improve safety requirements and enable the UK to enforce them not just on UK ships wherever they set sail to, but to any non-UK ship when they are in our territorial waters.

Industry compliance is already high; all 29 UK flagged bulk carriers are already compliant with the standards outlined by the Minister. Given the size and nature of bulk carriers, it is vital they are safe, not only for seafarers but also for the environment. One only has to recall the bulk carrier that ran aground on a reef in Mauritius in July 2020, which then leaked oil, and caused an ecological disaster in the seas around the Indian Ocean islands. Four seafarers died while attempting to retrieve oil, and 1,000 tons of oil were eventually spilled into the ocean. More recently in waters off Gibraltar a bulk carrier ran aground and leaked oil into the oceans. Those accidents do happen but one must ask whether they would have been prevented had the additional safety measures been introduced sooner.

On enforcement, 10 regulations relate to enforcement and with one exception, they all apply to the owner and to the master. Will the burden on reporting failure to comply with the regulations under the merchant shipping legislation be placed upon the ports and harbours? Can the Minister confirm which agency will be responsible for carrying out any necessary enforcement? What are the penalties for failing to comply? If fines are to be imposed, what level of fines would be applicable? If the Minister cannot provide those answers now, I am happy to receive them in writing. Continuing with the theme of enforcement, can she confirm whether our international counterparts are aware of the forthcoming changes? In addition, were trade union representatives consulted while the regulations were developed?

The high speed craft regulations seek to make amendments to chapter 10 of the IMO’s International Convention for the Safety of Life at Sea in relation to high speed craft. Those craft are typically rapid passenger craft but can also be cargo craft. Primarily, they operate domestically in UK waters, although some are known to operate between the UK and France. An example of a high-speed craft as defined in this SI is a Thames clipper. We can look out of our windows here on some days and see one. That category of vessel also covers hydrofoils and air-cushioned vessels such as hovercraft. I learned so much about pollution and hovercraft when we recently discussed a SI on the subject in this room.

We have many SIs to pass on account of a backlog, and I look forward to attending another one next Tuesday morning, and I am sure the Minister does as well.

The proposed regulations on high speed craft will further improve safety standards on those craft and will give powers to the UK to enforce those requirements against UK high speed craft, wherever they may be in the world, and also to use the same powers over non-UK high speed craft when in UK waters. Am I correct in assuming that theh international enforcement body is aware of the regulations, as I note there were only three responses to the consultation? Or perhaps it, too, was unable to distil the definition of the vessels affected because the formula was impenetrable to many. Indeed, in the explanatory memorandum the Law Society of Scotland asked whether the formula to determine whether a vessel is a high speed craft could be simplified. I share its concern.

I am assured that high speed craft know what they are, and are registered as such, and already compliant. Do the proposed regulations represent an international standard of which all high speed craft are aware? Is the criteria to determine high speed craft the same the world over? Are international high speed crafts aware they are in that category for enforcement purposes? If a high speed craft is found to be in breach of the regulations, I notice that the first option is a fine. There is no mention of the amount of the fine, so perhaps the Minister can apprise the Committee of that.

I welcome the opening up of the satellite service provider market that could drive down prices, but we would not want to see a reduction of standards. I raise the issue of standards because my attention was drawn to a line in the consultation that says that the risk-based assessment outlined in the legislation

“enables more flexibility for both industry and government in the application of safety standards.”

How and by whom will this be monitored ongoing? With that solely in mind, again were unions consulted? I have to say that the words “flexibility…in…safety standards” should send a shudder down all our spines.

We would never oppose anything that sought to improve safety standards on vessels, and for that reason, assuming we receive assurances from the Minister on the points I have raised, we will not oppose the measures.

As I have said in previous Committees, we have a backlog of a large number of SIs to get through. We are trying to clear that delegated legislation, and I would be interested to learn whether the Minister has any update on how and when we will clear the current backlog.