Marine Navigation (No. 2) Bill

Debate between Sheryll Murray and Andrew Miller

Friday 30th November 2012 Commons Chamber

[Andrew Miller]

He has also written to the Prime Minister, extensively. Mr Youde refers to an incident which, coincidentally, came up in discussion with the Minister’s officials, and he refers to the report published by the marine accident investigation branch, in which a pilotage exemption certificate under section 8 of the Pilotage Act 1987 is a significant feature. The report relates to the collision in March this year outside Belfast between the short sea ferry Stena Feronia and the small bulk carrier Union Moon. The Union Moon was outward bound and had discharged her pilot. The Stena ship was inward bound under the pilotage of a PEC holder.

The report states in express terms in the synopsis that the PEC holder was on board the ship solely for the purpose of conducting pilotage, both at Belfast and at Liverpool, and had no other duty on board the vessel.

[Sheryll Murray]

Does the hon. Gentleman acknowledge that the master of the Union Moon had 123 micrograms of alcohol per 100 mm of breath when he was operating vessel?

[Andrew Miller]

I am reading from the synopsis of the report, which makes it clear, according to my constituent, that the PEC holder was not a bona fide member of the crew of Stena Feronia. This is where the kind of difficulties that have been described become important. We need to be very precise.

As I said in Committee, I accept that the Minister is acting in an honourable way and is taking advice from people who are clearly knowledgeable about the subject, but the view has been expressed that the breach of the terms of the Pilotage Act that appears to have occurred should be taken seriously. There is, however, Mr Youde says, no indication yet that any prosecution might arise in respect of the apparent breach of section 15(1).

If, under the current regulations, such incidents occur and there is no prosecution, how seriously does the Department take the matter? I am not asking in an aggressive way; I am inquiring. Are there other factors, as the hon. Lady indicated, which mean that it is not appropriate to mount a prosecution? It seems to me that if alcohol was involved, somebody should perhaps have been prosecuted. These are the kind of issues that we need to be certain about as we progress the clause.

I want the Bill to succeed, but I want it to bear the label of better regulation and not to be open to endless litigation and interpretation in court, which would mean that we had wasted our time. I hope the Minister can give us confidence that his interpretation or his acceptance of our amendments would be the right way forward.

Marine Navigation (No. 2) Bill

Debate between Sheryll Murray and Andrew Miller

Friday 19th October 2012 Commons Chamber

[Andrew Miller]

That is very important. I would suggest to the hon. Member for South East Cornwall, who has moved that the Bill receive its Second Reading, that, for the sake of clarity and ensuring absolutely no ambiguity, there is an argument that clause 2(1) should be gently amended in Committee to make things so clear that no court could misinterpret what the Minister and I—and, indeed, the hon. Lady—clearly understand to be the correct position.

[Sheryll Murray]

I can confirm to the hon. Gentleman that about three different wordings for clause 2 have already been received. We will certainly ensure that it is as explicit as possible to reflect the intention, which is for a specific vessel, in a specific port, for a specific time period.

--- Later in debate ---

[Madam Deputy Speaker (Dawn Primarolo)]

Order. You cannot have an intervention on an intervention. I would wait until Andrew Miller is back on his feet if I were you.

[Andrew Miller]

I was wondering where we were getting to with that point. I listened carefully to the Minister and I welcome that assurance. This is a question of language and whether there needs to be a stop-gap for circumstances where the port is not in public ownership. For publicly owned ports the line of accountability is through the ballot box.

[Sheryll Murray]

I apologise for that, Madam Deputy Speaker. The hon. Gentleman will know that this clause does not affect the open port duty, which provides that any harbour has to have open access for vessels to use the harbour, and to load and unload cargo and passengers. I hope that that will give him comfort that privately owned ports and harbours will not be able to use general rules of direction to prevent competitors from using port facilities.

[Andrew Miller]

The hon. Lady has put it succinctly and the Minister needs to consider the extent to which it is necessary to reinforce that by finding a way to express it in the Bill. It may or may not be necessary to do so; this may be sufficiently well established with the concept of open ports. However, as more ports become privately owned institutions the question is raised in my mind about fairness and equity in an important market.

Those were the two substantive points I wished to raise, although the Bill contains a lot more than just them. The hon. Lady has put forward some valuable and important propositions in the Bill. On that basis, I hope my points can be dealt with sensibly in Committee and that there can be consensus that meets not just the needs of the House but the broader opinions held outside it, including those of my constituents. I am extremely grateful to the hon. Lady for meeting me yesterday with the Minister’s officials and I am grateful to the Minister for his extremely helpful assurances about issues that concern people’s safety. We can progress on that basis and I hope we will see the necessary adjustments in Committee.