Ship-to-Ship Oil as Cargo Transfer

Peter Aldous Excerpts

Tuesday 27th July 2010 Westminster Hall

[Mike Penning]

I understand the public’s concern, throughout the country, about what would happen if there was an oil spill and about the dangers to the environment. I also understand that the consultation was lengthy. But the regulations are sitting there and there is genuine concern on both sides of the argument about whether they go far enough. As the Minister responsible, it is crucial that I ensure that the legislation that is put before the House is fit for purpose.

[Peter Aldous (Waveney) (Con)]

I was heavily lobbied on this issue immediately after I was elected and I listened to a lot of businesses that are concerned about the job prospects in the Lowestoft area as a result of the ban. I should like to mention in particular the Regulatory Policy Committee’s report, dated 13 April, the summary opinion of which is:

“The case for the prohibition of ship-to-ship oil transfers in UK territorial waters outside of harbour areas has not been made. There appears to have been little assessment of risk in drawing up this proposal, and it is not clear that the environmental benefits will be achieved. Furthermore, there is no adequate explanation for the enhanced environmental benefits of the preferred Option 3, over Option 2.”

Will the Minister confirm that he has had regard to the findings of the Regulatory Policy Committee in coming to his decision?

[Mike Penning]

Not only have I had those findings, but I will look at them after the consultation is concluded.

One of my biggest concerns is whether all the regulations are likely to work. That is a point of law. If they are not going to work in law, what is the point of having them? The measures in respect of Scapa Flow, the habitats directive and the environmental consequences will have to happen: that is part of the regulations. I understand that the hon. Member for Dunfermline and West Fife vehemently does not want ship-to-ship transfer in the Forth, but we have to consider whether there is a legal way of ensuring that that does not happen. Although the hon. Gentleman does not want ship-to-ship transfers, ships could move 12.1 miles off the coast and do the transfers legitimately there. Under the regulations, we cannot do anything if they move outside the 12-mile limit. That worries me an awful lot.

Ship-to-ship transfers also take place off the Suffolk coast. My hon. Friend the Member for Suffolk Coastal (Dr Coffey), who is not in this Chamber today, is concerned about whether ships will move outside the controlled environment, where transfers happen at the moment, and go beyond the 12-mile limit. My hon. Friends the Members for Truro and Falmouth and for Waveney (Peter Aldous) have mentioned concerns about jobs being jeopardised.

The hon. Member for Dunfermline and West Fife asked whether I would rule out self-regulation. There will be regulation: there is no argument about that. This is about how far regulation goes and whether it is enforceable: that is the crucial thing with any regulation made in the House.

My scepticism is not based on my lack of willingness to protect the environment. Anyone looking at my track record will know my views on the environment. I am a fisherman and have fished in many of the coastal areas that the hon. Gentleman represents. We have to consider the risk. The hon. Gentleman mentioned earlier what has happened in respect of BP in the gulf of Mexico. Sadly, that might happen—God forbid that it does—on any of the rigs sitting out there today. There has not been a spillage from ship-to-ship transfer. The regulations are preventive and will put a burden on the shipping business: there is no argument about that, because that will happen. If we put such a burden on shipping, will ships sail up to Scapa and go in and pay their dues, or will they move a few miles out? I am not a shipping person, but I understand that the margins are not huge. That may happen.

A lot of ships doing the transfers are Russian. As hon. Members know, the Russians have a large fleet, some of which is not the best quality. I hope that the Russians do not get upset about that, but it is a fact. If we can at least see the ships and control them to some degree within our territorial waters, we stand a chance. If they sit offshore, we will not be able to protect them at all.

It is crucial that Parliament sets laws that are enforceable and fit for purpose. I will return to this point. I suspended the regulations because I am concerned that they may not be enforceable and are possibly not fit for purpose. However, I stress that that does not take away the requirement for regulation. I am disappointed that, as revealed in earlier comments, there seems to have been a lack of communication or co-operation between the Scotland Office in the previous Government and the Department for Transport. I assure the hon. Gentleman that that does not exist now and that there is now real co-operation between all the relevant Departments.

I will meet as many different people and representative bodies as possible, including the RSPB. I am conscious that I have not had the sort of representation from the RSPB that I should like to have seen, but I expect to receive it during the consultation.

Of course, the shipping industry is concerned, but it is not just about the shipping industry, as we have heard from hon. Members from around the country, who are concerned about whether these are the right regulations to protect the environment and jobs and whether they are a sledgehammer to crack a nut. I will consider that matter carefully during the consultation period.