Marine Navigation (No. 2) Bill

Debate between Sheryll Murray and Jackie Doyle-Price

Friday 19th October 2012 Commons Chamber

[Sheryll Murray]

I do acknowledge that; this clause is extremely important, and I know other hon. Members will speak about it. Port constables are currently limited to working within 1 mile of their port—a restriction meaning that otherwise perfectly competent officers must be accompanied by the local police whenever they need to investigate a crime, or escort an offender to a custody suite or court beyond that limit. At a time when, as has been mentioned, we are seeking efficiency in all our public sector organisations, that cannot be right. Worse still, it provides the potential for an officer to find themselves unable to prevent a crime, simply because it happened a few feet too far away from the port at which they work. My Bill will remove the geographical limit on the powers of port constables, where that is agreed with the local police.

[Jackie Doyle-Price (Thurrock) (Con)]

My hon. Friend has explained well and succinctly the case for extending that jurisdiction. Does she bear in mind the fact that both the port police and the Home Office have wished for that change in the law since 2008? It is important for the Bill to make progress, so that we can end that anomaly, and so that the port police can make a full contribution to defending our borders.

[Sheryll Murray]

My hon. Friend is right. The problem was identified in 2008 when the Department for Transport conducted a consultation on the issue. It is, therefore, important to get the Bill through and place this provision on to the statute book.

Clauses 8 and 9 relate to general lighthouse authorities of which the UK and Ireland has three: the Northern Lighthouse Board, the Commissioners of Irish Lights, and Trinity House. Each organisation is world renowned in its field, and each has a proud and historic reputation for ensuring the safety of mariners. The general lighthouse authorities already carry out some commercial work, prudently utilising any small amount of spare capacity they may have when that does not affect their day-to-day operational activities. For instance, the Northern Lighthouse Board maintains and monitors many rig watchers, which are used to mark decommissioned oil and gas rigs. The Commissioners of Irish Lights recently won a contract to mark an offshore renewable energy site, the first for them in that field. Trinity House undertakes short vessel charters, where it provides small lifting operations for wind farm sites.

The general lighthouse authorities are innovative in their approach to work, and I want to help them make the most of commercial opportunities when they present themselves. Once enacted, my Bill will enable those three organisations to trade more freely on their reputations of excellence, providing each with greater commercial freedom and enabling them to increase the income they generate through commercial activities. I hope that such action will reduce the call on the shipping industry for funding through the payment of light dues. The other measure on the general lighthouse authorities in the Bill puts beyond doubt their power to provide markings beyond the 12-nautical mile territorial sea limit—a sensible proposal, as I am sure hon. Members will agree.

Clauses 10 and 11 relate to other marine issues. Section 47 of the Merchant Shipping Act 1995 provides a regulation-making power concerning the minimum number of qualified persons who are required to be carried on ships, and the standards of competence required and conditions to be met to achieve such qualifications. Amendments to those regulations require secondary legislation, which takes up limited time and administrative resources. My Bill will simplify the process for setting manning requirements for ships by enabling secondary legislation to cross-refer to external documents, such as industry or international technical agreements—a practice known as “ambulatory reference” that already applies in other maritime legislation. In practice, references to external documents, which are known within the industry as “M-notices”, are issued by the Secretary of State through the Maritime and Coastguard Agency. They are a well-established means through which the Department for Transport and MCA communicate with stakeholders.

The final substantive clause in my Bill confirms the ability of lighthouse authorities to deploy modern electronic navigational aids to help minimise the risks to mariners and the maritime environment. I must declare a special interest in this area—my son works for a worldwide maritime electronics manufacturer on the technical side, and my daughter uses electronic navigational aids occasionally in her career as a lieutenant commander in the Royal Navy.

In our modern age, electronic aids to navigation are increasingly important to the mariner, who makes great use of satellite navigation systems. In times of emergency, such electronic aids can be used to mark a hazard rapidly, until a more permanent buoy, beacon or other physical aid to navigation can be deployed. The electronic system and the automatic identification system beacons that are fitted to vessels made my personal tragedy last year much easier to deal with—the fishing vessel my husband was on had an AIS transmitter.

That was quite a canter through the contents of my Bill, which I hope the House agrees should be considered in more detail in Committee. The clauses might seem familiar to some hon. Members—most are drawn from the draft Marine Navigation Bill published by the Department for Transport in 2008 and consulted on at that time. The one addition is the extension of the geographic limit of port constables’ jurisdiction, which emerged from a review of ports police forces by the Department for Transport in 2008, as my hon. Friend the Member for Thurrock (Jackie Doyle-Price) correctly highlighted.

I have carefully read the comments made on the 2008 draft Bill at the time of its publication and discussed the issues raised with interested parties across the maritime industry. My Bill focuses on supporting growth in that industry.

--- Later in debate ---

[Jackie Doyle-Price]

The power of the port police, as opposed to any other supplier of security provision or support, is that they have the powers of a constable. The strength of that, and the support that we give to our police officers, speaks for itself. The port in my hon. Friend’s constituency has reserve powers to create a force if it so wishes, and I would encourage it to do so. My experience of the port of Tilbury police is that, given the amount of high-value commercial activity in a port, there is every opportunity for serious and organised crime, which requires the expertise and dedication of sworn-in police officers to combat that effectively. To be frank, it will give a level of service that contract providers such as G4S would never be able to provide.

[Sheryll Murray]

Does my hon. Friend agree that the Northern Ireland Assembly could introduce the same legislation as this to ensure that the two ports in Northern Ireland had the same powers?

[Jackie Doyle-Price]

I completely endorse that point. In many ways, over the years the port of Belfast police may have made more of a contribution to our national security than any of the other port police forces. The chief constable of the port of Belfast police wants exactly this measure for his force. I would thoroughly encourage the Northern Ireland Assembly and Ministers to engage in whatever is necessary to ensure that these legislative provisions are extended to the port of Belfast police.

The port police do other work in support of Government agencies. For a number of years, port police forces have supported the UK Border Agency in arresting illegal immigrants. We are all well aware of the stories over the years that we have read in our newspapers, particularly concerning Dover, but a number of incidents in Tilbury have also required the port police to arrest illegal immigrants. The port police also assist the Maritime Coastguard Agency by detecting offences contrary to regulations on the carriage of dangerous goods by sea. I emphasise that all this work in support of what the public expect from their police services in protecting the security of our kingdom is done at no cost to the taxpayer.

In practical terms, the legislation will allow the police officers to maintain their powers and privileges of the office of constable beyond the 1 mile jurisdiction. When they attend custody suites with prisoners they will be working on legitimate authority. As I have mentioned, we are aware of occasions when port officers have attended court and been asked to arrest persons. If they do so—and they have done so—they are acting outside the law, which is clearly in no one’s interests and needs to be addressed. Equally, when processing prisoners at custody suites outside their jurisdiction, strictly speaking it is illegal for officers to carry any personal protection, including batons and handcuffs, but if they were not to do that they would obviously be at risk. Again, we need to remove that anomaly.

This change will enable officers going to or returning from an incident to use their powers as constables to deal with crimes in progress rather than simply reporting it to the local force. Clearly, there is an efficiency for local forces if a port police officer can deal with a matter there and then instead of, as in my case, referring the matter to Essex police and waiting for an attending officer. That will enable them to be much more effective in supporting their local officers and will mean that, if called upon to support in a major incident, they will be able to act with the full confidence that they are not acting outside their powers. The important practical point is that it will enable officers to arrest suspects and carry out house searches for offences committed in the port but where the suspects live outside, because otherwise going to an address outside a jurisdiction would obviously mean working outside their authority.

Some Members might be a little nervous that we are extending the jurisdiction, but the existing jurisdiction is well below that of special constables and we should look at it in those terms. Also, the way my hon. Friend the Member for South East Cornwall has presented the relevant clause in the Bill means that the chief officer for the resident Home Office force will have the powers to rescind the right to operate beyond the jurisdiction of 1 mile if he is ever unhappy with the manner in which the port police are operating. The way the Bill is drafted brings no challenge at all to the chief constable in the Home Office force and allows us to maximise the complementary nature of port police officers. I know that the Department for Transport has consulted all the Home Office forces that would be affected by that and all chief constables were positive.

I hope that I have been able to persuade colleagues of the real urgency of tackling this anomaly once and for all, in the interests of security and public confidence in our policing. I hope that the Bill is given a Second Reading, notwithstanding the concerns expressed about other provisions, which I look forward to addressing in Committee.