Emily’s Code: Pleasure Vessel Safety

Debate between Scott Mann and Richard Graham

Wednesday 1st March 2017 Westminster Hall

[Richard Graham]

My right hon. Friend is absolutely right. In fact, he brilliantly anticipates exactly what I will say about Emily’s code, and I am grateful to him.

Emily never regained consciousness, and it was determined that she died from drowning. I should mention one other point. The report pointed out that the speedboat was older than the recreational craft directive of 1996, which set out new guidelines for boats that could have helped the boat to float and not to sink by the stern, which was where Emily was trapped. The report concluded:

“Buyers should be cautious and aware of the potential shortcomings of leisure craft constructed before…1996, or those that might have been substantially modified.”

I cannot help wondering how many of us who have been on the sea in a recreational vessel are aware of that small but important difference in boat design, and whether all boat owners know how their boat will float in an extraordinary accident such as this.

Let me come on to the second part of this debate. When Emily’s family had absorbed the accident report, they led a call for something to be done. They started fundraising; they ran a relay from Brixham to Gloucester for Winston’s Wish and the Royal National Lifeboat Institution; and they organised Emily’s diamond charity ball in October last year. They have raised an amazing £21,000—it may be more than that now, but that is the latest figure that I have—and they wanted to use those funds in the best possible way.

I met Clive and Debbie in Gloucester and heard their urge to do something to honour their daughter Emily. I then talked to the Royal Yachting Association and the chief executive of Her Majesty’s Coastguard, Sir Alan Massey, who was extremely helpful and sympathetic. After a subsequent meeting between the Gardners and the RYA, Emily’s code began to take shape and will now be launched in two days’ time, on Saturday, with the full support of the RYA at its Suzuki dinghy show. I have copies here of what Emily’s code will look like; they are available for any colleagues who would like them.

The RYA is recognised as the national body for all forms of recreational and competitive boating. It represents all the different elements involved, and it sets and maintains an international standard for recreational and small commercial boat training. Its ethos is one of proficiency and self-sufficiency, learned through its world-class training, and its purpose is to promote and protect safe, successful and rewarding British boating. It issues an annual advisory notice and safety notices throughout the year through the boating press, members’ newsletters and social media, yet inevitably there are some people it has not reached whose safety awareness could be stronger. I hope that the very human appeal behind Emily Gardner and the code named in her honour will help the messages of the code to reach more widely.

[Scott Mann (North Cornwall) (Con)]

My hon. Friend is making an impassioned speech. I hope that there will be something in Emily’s code about kill cords. He might be aware that in the Camel estuary a couple of years ago, there was a tragic incident when a kill cord was not used. I wonder whether there is any mention of kill cords in the code—for example, the mandatory use of them by people on the water.

[Richard Graham]

My hon. Friend is absolutely right; I know that he has experience in his constituency of a death that received a lot of publicity at the time. It was a sad incident indeed, which I know he cared very much about. He is right, and I will come on to kill cords.

I hope that the very human appeal of Emily’s code will help its message to reach a wider audience. In this House, as hon. Members know, publicity can be a double-edged sword, but in this case I would be grateful if every newspaper, online forum and TV and radio station gave Emily’s code maximum coverage. I say to all members of the media that they, too, can help to make a difference.

The key, so far and in the future, is a spirit of partnership, bringing together designers, experts and parents, who know the real impact that safety notices have when they are put into practice well. The code has the support of all the major players—the coastguard, British Water Ski and Wakeboard, and the Royal National Lifeboat Institution.

What is the code? Let me go through it in some detail. Each element of it contains a letter that spells “Emily’s code”. The first is:

“Wear a suitable lifejacket or buoyancy aid”.

The lifejacket should be a comfortably snug fit and should be fastened fully—are the straps tightened up, or is there too much room underneath? The second is “Service equipment”—is there fuel, and is the engine working? The third is “Get trained”—have I had any training courses? The RYA offers courses that can save lives. The fourth is “Make a plan”—where do I plan to go? Will I be inland, onshore or offshore? What will I do if the worst happens? Have I planned my passage? The fifth is “Know your limits”—have I ever been out on the sea before? What is a safe speed?

The sixth element is “Carry distress signals”—it is fine not to have those until suddenly it is not, and no one knows when that will be. Understanding the benefits of marine VHF—very high frequency—radios, and how to use them, is critical. The seventh is “Use the kill cord”—as my hon. Friend the Member for North Cornwall (Scott Mann) mentioned, it should always, without fail, be attached both to the ignition and to the person’s body before they operate the engine. The eighth is “Know your boat”—there may have been upgrades to it recently. Do I know what they are and what the impact of them could be? Do I know whether it was made before ’96 and is therefore not built to the standard of the recreational craft directive? The ninth is “Have a radio”, which is so simple to do.

Last, but by no means least, is “Check the weather”, which is a point that my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) made. People should check it the day before, again in the morning and again when they go out. We know how changeable weather can be. Most of us now have weather apps on our phones, and a simple tap can tell us what to expect. Thinking about the weather is crucial to the safety of a boating expedition.

The purpose of this debate is to highlight what happened to my constituents and what they have done to try to prevent it from happening again, but it also shows how Government agencies, the voluntary sector, a family and their MP can work together to try to make something good out of something ghastly. I am very grateful to all involved.

I know that my right hon. Friend the Minister cares deeply about young people and their opportunities; all the work he did on apprenticeships shows that clearly. I hope that he agrees that the cause of preventing fun days on the sea from turning into nightmares is a very good one, and that he will agree to support Emily’s code and the message that it sends about boating safety. We have to recognise that a voluntary code like this is only as good as its take-up, its publicity and its ability to make us all think more carefully.

Will the Minister also agree to look at the recreational craft directive, which is an EU directive? Will he see whether we can ensure that it is carried over into UK law and that if it is ever abolished, it is replaced by an equivalent UK minimum technical and safety standard for boats sold here, including requirements for stability, freeboard, buoyancy and flotation? In this case, the boat sunk by the stern, but the RCD harmonised standards for speedboats like this one made after 1996 direct that they should float horizontally when swamped—that sounds technical, but it is crucial. The directive has clearly improved boat user safety; we do not want to move backwards when EU laws are converted into British law.

Finally, let me address what Emily’s code is about and what it is not about. The code may have lessons for different activities that are equally fun, but that need careful supervision—not in order to stop, prevent or restrict them, but to make sure that risk management is a natural part of having fun. People setting off up mountains on beautiful days need a map, a compass, a mobile with battery, emergency rations, water and a waterproof, just as much as if they were going out on the sea.