Marine Navigation (No. 2) Bill

Stephen Hammond Excerpts

Friday 19th October 2012 Commons Chamber

[Sheryll Murray]

I would be more than happy to meet the RYA, which I know has concerns about the general rules of direction. I would like to reassure it, and I am sure the Minister will back me up. A number of ports already operate under general rules of direction, which must be consulted on fully before they are in place. If a competent harbour authority does not take note of responses to consultation, it could be subject to judicial review. I should like to meet the RYA—we need to get the clause right.

[The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)]

I am listening to my hon. Friend’s request and would like to put it on the record now that I am sure I would be delighted to join that meeting.

[Sheryll Murray]

I am grateful to the Minister. When the association holds its events, it can have designated areas of the sea where those events will not be disrupted by other leisure users sailing through a regatta, for instance. I would be more than happy to meet members of the association.

I am confident that my Bill would benefit the UK maritime sector and I am grateful to the British Ports Association and the UK Major Ports Group, which have provided me with considerable support and advice on the Bill. The ports industry is one the UK’s hidden success stories. It is an incredibly competent, competitive and customer-focused industry that operates largely out of the public eye, because of its efficiency and the safety of its operations. Despite the lack of awareness of the ports industry, our whole way of life depends on its success. Some of the anomalies in the current maritime legislation that I seek to correct in this Bill may seem arcane, but I have tried to show that the industry that the changes will assist is far from irrelevant. I humbly ask hon. Members to support the Bill today.

[Andrew Miller (Ellesmere Port and Neston) (Lab)]

The hon. Member for South East Cornwall (Sheryll Murray) is right in her concluding remarks about the importance of the ports industry to the UK and its economy. We take for granted the significance of ports around the country, but collectively they do an enormous amount of work to ensure that the goods we rely on—both imported and exported—are managed sensibly.

Ports are under wildly varying forms of ownership, and some of them need a tougher regulatory regime than others because of the sea conditions they experience. Some estuaries are particularly difficult and some are incredibly busy. For example, I used to live on the south coast, and Southampton in particular is incredibly busy and clearly needs a regulatory regime that is fit for purpose. Other, smaller ports need a much lighter touch that will meet their needs. In the north-west, the River Mersey is very complex to navigate and needs a pilotage system that is strong and robust. That is especially necessary at certain states of the tide, when serious seas are running out in Liverpool bay. I have been out in the bay both when it has been as flat calm as the carpet in front of us and when the ship has virtually stood on its end with every wave. In such environments, entering a river mouth needs careful handling by expert pilots and we should give credit to pilots in our ports for the fantastic work that they do.

Over recent years, there have been some changes that are controversial in local areas, as well as some that have been adopted with the support of local pilot associations. I have received a significant amount of correspondence from a constituent who is a lawyer and has periodically given advice to the local association. He has one fundamental objection to the Bill, and with the House’s indulgence, given that these issues are so important to the safety of our seafarers and others operating in and around our ports, I will put it on the record and invite the Minister to respond as positively as he can. He is familiar with my constituent’s correspondence, because much of it has been directed at him.

The substance of the objection surrounds clause 2(1), which would broaden definitions used in the Pilotage Act 1987. My constituent asserts that this is an

“obvious and gross reduction in the standards applicable in compulsory pilotage areas that…cannot be (and is not) lawful, for all of the reasons raised since the Bill was introduced.”

Those reasons are set out elsewhere in correspondence. He wrote to the Prime Minister expressing his concern on 30 September:

“The Parliamentary Under Secretary of State at the Department for Transport has made it clear that HM government intends to remove regulatory burdens and to relax standards in compulsory pilotage areas. The point which he fails to address (as mentioned in my letter of yesterday’s date, herewith) is that the governmental intention contravenes all known law, in particular the following provisions:-

1. The common law obligation to maintain the highest possible standards in compulsory pilotage areas. This obligation was confirmed and acknowledged by Lord Bingham the Lord Chief Justice in the Court of Criminal Appeal in April 2000 when allowing a reduction in penalty to Milford Haven port authority following its admission of guilt in the SEA EMPRESS incident of 1996. Lord Bingham noted with approval that efforts had been made to improve standards.

2. In a report published in April 2002, “The New Humber Pilot Service”, the Department for Transport, Local Government and Regions confirmed that the obligation identified in the SEA EMPRESS case is strict and onerous.

3. The declaration of the International Maritime Organization (representing the maritime concerns of the United Nations Organization) that developed standards in pilotage (and not merely in compulsory pilotage areas) should be not merely maintained but enforced. This declaration is in Resolution A960 of 2004, to which the United Kingdom is a signatory.

It follows necessarily that any relaxation of standards in a compulsory pilotage area (as HM government now specifically proposes) is unlawful; and that the obligation to maintain standards remains accordingly strict and onerous. This you should know. The Department for Transport has known it since 2002 at the latest.”

[Stephen Hammond]

Let me try to help the hon. Gentleman. His constituent is a prodigious and prolific writer, and he has written to the Department along similar lines. Clause 2 deals with pilotage exemption certificates. Clause 2(1)(a) and (b) substitute “master” and “mate” with

“a member of the crew”.

The provisions are, of course, still subject to section 8 of the Pilotage Act 1987, which clearly states that a competent harbour authority can issue a pilotage exemption certificate only when it is certain that the applicant’s

“skill, experience and local knowledge are sufficient for him to be capable of piloting the ship”.

That is why the Government are confident that what we are doing does not represent what the hon. Gentleman’s constituent has written to say. Moreover, when combined, the provisions in the Bill will strengthen the allocation of exemption certificates, as they will enable competent harbour authorities to withdraw them much more speedily, if for any reason they are no longer confident of the certificate holder’s skill, experience or local knowledge. I hope that the hon. Gentleman will accept that reassurance, but if he wishes to pursue the matter further we can do so in Committee.

[Andrew Miller]

That is an extremely helpful statement to have on the record. However, I want to pursue the Minister a little further before I relax my guard, because it follows from what he says—I hope that he will correct me if I have misunderstood this—that the exemption for an individual cannot be granted willy-nilly. I know that there has been discussion in the Department and that people have talked about different ranks on the ship, but it is not a question of what rank the person holds; it is a question of their qualifications and competence to undertake the task in question. As I understand it, that is measured by two things: first, the individual’s ability to meet the requirements of the port authority in question; and, secondly, that the exemption is for that specific vessel and that vessel only. I would be grateful if the Minister put on record his agreement that the exemption under those circumstances would not even, for example, extend to a sister ship, and that it must meet the standards that are normally in place for the port in question.

[Stephen Hammond]

I am obviously disappointed that the hon. Gentleman feels the need to have his guard up when I am at the Dispatch Box, but let me reassure him that the position that he has just outlined is indeed correct. The exemption does not refer to rank—it refers to qualification—and it does refer to the specific vessel.

[Andrew Miller]

And the specific port?

[Stephen Hammond]

indicated assent.

[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.

--- Later in debate ---

[Andrew Miller]

If the hon. Gentleman is not right honourable, he ought to be. I accept his comments; I was jesting when I said that he represented the RYA. Anyway, he raised a legitimate point about harbour authorities. As I said, there is a complex range of port and harbour authority models, from local authority to private ownership. I want to be certain that a privately owned port, operating in the context of the Bill, is not empowered to act as judge and jury in relation to what happens within its remit.

Yesterday evening I had a very constructive discussion with the hon. Member for South East Cornwall and some of the Minister’s expert officials, and I am extremely grateful for that. I think I understand the position, but, again, I should like further clarification. I assume that it would not be in a harbour authority’s gift to block a vessel’s access unilaterally, unless it was so oversized that it could not get into the port or its cargo could not be handled appropriately there, and that only rarely could a privately owned port authority take restrictive action against the owner of the ship or the cargo.

[Stephen Hammond]

Perhaps I can help the hon. Gentleman. First, the obligation that is placed on harbour authorities is placed on all of them, irrespective of the mode of ownership. However, as the Bill clearly states, harbour authorities will be responsible for consulting on any harbour direction that they propose. They will be obligated to identify the correct interested parties, and they must invite them to comment on the proposed direction. If any individuals or groups feel that they have not been adequately listened to in any consultation, they are of course entitled to challenge that direction legally.

[Andrew Miller]

That is an extremely helpful intervention. I appreciate that the Minister, for understandable reasons, does not want to be the regulator in this structure, but I am trying to seek reassurance that the small player is not disadvantaged by the mighty corporation here. Can the Minister give comfort to small yachting associations or small ship owners by indicating that if they felt they were being disadvantaged by the regulatory regime being imposed in a particular port, the might of his Department would be there, as a last resort, given that the vehicle of judicial review is a bit pricey, to support David over Goliath—although David did well on his own?

[Stephen Hammond]

David certainly did do well on his own. The key point that I re-emphasise to the hon. Gentleman is the obligation that harbour authorities, of whatever size, have to parties of whatever size to ensure that they have identified all those legally obligated and interested parties. I am prepared to look at that assurance again in Committee, but I think it is in place.

[Sheryll Murray]

Will the Minister give way?

--- Later in debate ---

[Sir Peter Bottomley]

As directed, I am very grateful. My hon. Friend reminds me that the first woman named in the New Testament is Tamar, who appears in the second verse of the first chapter of St Matthew.

My hon. Friend makes the sensible point that people want to do sensible, important and serious things. The Minister has received a letter from the Royal Yachting Association. I will not read it, but I think I am right in saying that it would prefer not to have clause 5. It was withdrawn from what was effectively this Bill when Lord Berkeley introduced it in another place, but it has turned up again. No one is complaining about that, but the question is whether it should stay in. Without making any threatening noises, I shall say that I am sure the Bill would have as easy a passage without it as with it.

We must then consider what is the alternative. One option is for clause 5 to remain as it is, surviving Committee and Report and going to another place, but there are alternatives—it is either in, out or modified.

The RYA put to the Minister a suggestion for its modification for him to take advice on. My hon. Friend the Member for South East Cornwall, in consultation with the Minister and his advisers—I am sure they are working closely together—might want to see whether the RYA’s suggestion could have what I might call a moderating effect.

If I may, I will spell out what I understand to be the RYA’s position. Clause 5 would modify the provisions on harbour revision orders. As we all know, some harbours already have the power to issue them, obtained through statute or in other ways. Clause 5 would enable harbour authorities in this jurisdiction or the Scottish nation to give general directions to ships, including recreational craft. Members might not expect this, but when I come across the Solent into Portsmouth harbour, my open canoe is classed as a ship, which is a bit grand. That is even better than the promotion that the hon. Member for Ellesmere Port and Neston gave me when he confused me with my wife.

The power in clause 5 is expressed as applying to ships within, entering or leaving a harbour, and relates to their movement, their mooring, the nature and use of their equipment and the manning of them. As I have been reminded, a pre-consultation requirement is included, stating that a harbour authority should

“consult such representatives of users of the harbour as the authority think appropriate.”

We understand that it will do that properly.

Contravention of a general direction would be a criminal offence. That is not new, but it might apply if a new harbour revision order came in.

[Stephen Hammond]

I will try to be as helpful to my hon. Friend as I was to the hon. Member for Ellesmere Port and Neston (Andrew Miller). As my hon. Friend points out, there is a requirement of pre-consultation. Prior to any consultation, the Department would issue directions as to what should be consulted upon. I believe that that potentially covers some of his objections.

[Sir Peter Bottomley]

We are making progress, and I am grateful to my hon. Friend.

I assure my hon. Friend the Member for South East Cornwall that I will not take all that long, but to aid the process I point out that a number of individual authorities have obtained powers of general direction over the years, starting at the time of les événements, when the permissive society was invented in 1968. Such powers of direction have generally taken the place of byelaws. Unlike directions under clause 5, which harbour authorities could issue, byelaws have to be confirmed by the Secretary of State and are subject to what most people would regard as clear checks and balances in addition to consultation. The current byelaw process involves consultation, so there is nothing new about that. The consultation element is in place already and will remain. The question is about the checks and balances that exist. I am not thinking of accusing any harbour authority of having malevolent wishes towards recreational users or other classes of ship.

I pay tribute to what the RYA does in training young people on the water in motor vessels and sailing craft. It has become a better and better organisation that does more and more good for more people, and if other organisations could do the same thing by training up the young and helping them to become first assistants and then qualified instructors, there would be far more value and purpose among our people on land as well as at sea.

The RYA has become increasingly concerned in recent years about the potential of powers of general direction to be exercised indiscriminately and in a manner that is unnecessary and harmful to the lawful exercise of recreational and other rights. Not every campaign the RYA takes up is wrong—in fact, nearly every campaign I have seen it run was right, and I admire the way in which it works with the British Marine Federation. They provide in partnership, without overlap, a seamless approach to the law and the use of our waters.

Let me give a list of some of the questions considered by the RYA about the powers of general direction, and whether they are fully merited. There are some powers that everyone can accept, but whether they are sufficiently merited to be unqualified or without the moderation that I hope the Minister will mention is a matter for debate.

Making general directions involves the creation of new criminal offences, which local harbour authorities may be seen as ill-equipped to do. Even democratically elected local authorities, in their other roles, do not normally have powers to create criminal offences, and the Bill contains none of the supervisory safeguards usually imposed on law-making bodies. This may be political theology or philosophy, but why should a harbour authority be different from a local authority?

The powers of general direction can be seen as running counter to the Government’s localism policy by granting an unelected harbour authority law-making powers that are not subjected to democratic checks and balances and full transparency. Most of us could argue that because harbour authorities exist for a particular purpose, and because those who are appointed to harbour authorities are there to provide expertise and a contribution, we should not be too worried about that. One should put it on the record that those people are not democratically elected, and the localism agenda is not just about saying that we are not going to do things in Whitehall—or in my day, the Department for Transport on Marsham street—but that things will be done locally by locally elected people. I do not criticise the harbour authorities for not being elected, but there is a distinction.

Under the power, general directions could be made over the wide areas used by recreational and commercial traffic in a disproportionate manner, without proper risk assessment or consideration of the full implications or possible alternatives. They could be used to impose significant and potentially burdensome restrictions on the navigational use of recreational craft. Many harbour authorities have jurisdiction over substantial areas going out to sea, not just partially enclosed harbour areas. Again, I do not want any hon. Member who arrives late to the debate to think that I am attacking the harbour authorities. I am just asking what protections there could be, and whether we need a system in which the potential for things to go wrong could be anticipated and perhaps built into the legislation.

There have been past examples—this is not about harbour authorities and harbour revision orders—where some in government picked up the idea, wrongly in my view, that small recreational craft could start contributing to light dues. We all get the benefit from navigation, but how on earth do we get a person—me in my Mirror dinghy, or one of my sons, daughters or granddaughters in their craft—to contribute to that? There is a question of where to draw the line, but at some stage it must be drawn some way away from ordinary recreational craft that might, under this legislation, be regarded as ships.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)]

We have had a fascinating 90-minute nautical exploration this morning. We were safely taken out of harbour by my hon. Friend the Member for South East Cornwall (Sheryll Murray), and I am pleased that she has been able to introduce this Bill because I met her several times when I had this role in opposition and she was campaigning for the fisheries industry. She and her family have devoted their lives to the marine and maritime industries through both tragedy and good times, and I congratulate her on her success in the ballot.

With the hon. Member for Ellesmere Port and Neston (Andrew Miller), we skirted round choppy waters—we avoided sailing right into them—and I shall say more about his contribution in a moment. My hon. Friend the Member for Thurrock (Jackie Doyle-Price) is of course right that my role should not be to neglect this issue, but nor should it be to get in the way of the maritime industry. I shall address her remarks about clause 7 later in my speech. I know that the knowledge of my hon. Friend the Member for Worthing West (Sir Peter Bottomley) about the maritime environment of the Isle of Wight is extensive. He could pilot anything into certain parts of Seaview and Bembridge. But he is right, of course. If his autobiography is as well written as “The Riddle of the Sands”, it will go down as a literary tribute. If he will allow me, I will address some of his remarks when I discuss clause 5.

The maritime industry carries out its activities every day without fanfare or demand, but, as was pointed out at last night’s event, where I drank copious amounts of tomato juice, all too often, as people eat their lamb or take their car to the continent for holiday, or if they are wealth creators in manufacturing, it is taken for granted that the finished goods will either be imported or exported around the world, while the mechanism by which that occurs is not always appreciated. Far too many people take the maritime industry for granted, but I know that many in the House, including those who have contributed to this debate, do not. It is an industry that works come rain, wind or shine.

I was delighted to attend the British Chamber of Shipping event and to visit Felixstowe this week to see a port operating and securing the future of UK plc. I recognise the vital contribution that the industry makes to the UK, its living standards and its prosperity, and it is right that nothing be done to hinder the safety of anyone working in it. Everything in the Bill is intended to ensure their safety. I recognise the hard work that the employees and those who work self-employed at ports and on the ships contribute every day to keeping this country moving and competitive. I also recognise the managers whose freight operations ensure the most streamlined and efficient operation of ports. That is important not only for the maritime industry but for our country as a whole.

With that in mind, I thank my hon. Friend the Member for South East Cornwall for introducing her Bill. I am aware of its antecedents and the hard work done then. The Bill will not only ensure that the UK’s impeccable safety record is maintained but, more importantly, will help to make the industry ever more efficient in its day-to-day activities and ensure that we have an industry fit for the 21st century.

I do not intend to speak at length about every clause, because my hon. Friend has already put the case extraordinarily eloquently. A few issues have been raised during the clause-by-clause examination, about some of which I hope I have reassured hon. Members sufficiently to ensure the Bill’s safe passage to Committee, but none the less let me put on record some comments about each clause. Clauses 1 to 4 cover pilotage, the pilotage exemption certificate and the removal of pilotage powers that are no longer required. My hon. Friend has given a detailed account of the pilotage profession, its high level of proficiency and independent thinking, and the knowledge of the ports, their waters and local conditions that all pilots require.

Clearly, my knowledge does not compare with my hon. Friend’s in this matter, and I cannot add much, other than by observing that pilotage is a tradition and an industry stretching back almost 3,000 years to ancient Greek and Roman times, when pilots were local fishermen employed by ships’ captains to bring vessels into port. UK pilotage custom, practice and legislation are more modern than they were 3,000 years ago and are governed by the Pilotage Act 1987.

Many ports and harbours have a long and distinguished tradition dating back hundreds of years, but I will resist the temptation to give a history lesson on every port and harbour, and their distinguished traditions. As several people have pointed out, however, trading patterns change and ships are much larger than they used to be. Change is driven by improvements, economies of scale and advancements in ship-building technology. It is clear that where a port or harbour operates purely for leisure craft or small shipping vehicles, the need for pilotage might have been overtaken by events and knowledge might have improved. I welcome the proposals, therefore, to enable facilities to relinquish some of their obligations under the Pilotage Act.

Let me turn to the exemption certificates. My hon. Friend the Member for South East Cornwall identified the Pilotage Act 1987 as the umbrella legislation that covers marine pilotage operations. I agree with her assertion that the 1987 Act could benefit from an update in relation to such certificates, because it is some 25 years since it was passed. None the less, it is clearly right to address the concerns that have rightly been expressed on behalf of the pilots association and by the hon. Member for Ellesmere Port and Neston on behalf of his constituent. I hope that I have been able to reassure the hon. Gentleman in respect of section 8 of the Pilotage Act 1987, which clearly states that competent harbour authorities can issue exemption certificates only when they are certain that the applicant’s

“skill, experience and local knowledge are sufficient for him to be capable of piloting the ship”.

I hope that in my other interventions I was able to reassure him on the other issues he raised.

Competent harbour authorities are responsible for the operation of their ports. They know the types of ships that call, they know the geography of their sea beds, they know their tidal patterns and they know their ports. Currently, competent harbour authorities are responsible for the pilotage services provided at their facilities. They can choose the pilots who provide the services at their ports, requiring specific skills and experience of those who ply that trade. Competent harbour authorities can already issue pilotage exemption certificates to masters and first mates who know a port well. Such certificates enable an individual to bring a ship into a specified facility without the need for a pilot, and the requirements for the holder, in terms of knowledge, skills and experience, are the same as for full-time pilots.

I therefore believe that competent harbour authorities are well placed to decide which members of a ship’s crew they issue a pilotage exemption certificate to. Competent harbour authorities are, after all, experienced in this field and know the navigable hazards of their facilities best. Moreover, we should enable competent harbour authorities to recognise the skills and knowledge of those who have driven themselves to achieve the required standards, through the granting of a pilotage exemption certificate. Clauses 1 to 4 further strengthen competent harbour authorities’ administration of the certificate process, enabling the easier withdrawal of certificates and introducing stronger pilotage reporting requirements. The proposals therefore clearly seek to strike a balance between right deregulation and maintaining high standards of maritime safety.

Clauses 5 and 6 deal with some of the issues that the hon. Member for Ellesmere Port and Neston raised, as well as those raised by my hon. Friend the Member for Worthing West. Let me try to give my hon. Friend some reassurance. As he rightly said, the Royal Yachting Association has indeed expressed a number of concerns. Some were similar to those it expressed in 2008. My Department has looked at a number of them, and we will be responding in Committee. None the less, although we have discussed the issue of consultation and guidance from the Department, I think the crux of what my hon. Friend was saying today is this. In the response to the 2008 consultation, the Royal Yachting Association proposed that an independent adjudication procedure and process be provided in the Bill. Where I think he wants reassurance is on the question of why the Bill does not do that, for which there are several reasons. First, the Bill is not only about marine safety, but about simplification and deregulation. There is little evidence that the authorities that already have the power to give general directions do so unreasonably, although to be fair, my hon. Friend acknowledged that point.

[Sir Peter Bottomley]

Indeed, and my hon. Friend will acknowledge that, with the Department’s approval, some revision orders or powers to harbour authorities include the independent report element, so I think it is a score draw at the moment.

[Stephen Hammond]

Just as I was standing in front of an open goal!

As I have said, harbour authorities will be required to consult users and stakeholders before making general directions, and it would be sensible of them to hold informal discussions with those bodies before the formal consultations. The Department will provide guidance. Some Members asked whether the process of judicial review was too expensive, but it exists none the less. I have agreed to meet representatives of the RYA with my hon. Friend the Member for South East Cornwall and my officials, and I hope that we shall be able to give them even more reassurance before the Committee stage.

[Sir Peter Bottomley]

I am grateful to my hon. Friend, and I am sure the House is as well. The RYA representatives may say that they are looking forward to the meeting as well, and are expecting the Minister and my hon. Friend the Member for South East Cornwall to agree to what they want. I hope that all parties will be asking themselves what they are trying to achieve, and what is the best way of making a minor modification to the clause if it is not to be dropped altogether.

If it is felt that the clause should be retained—for the purpose of simplification, as the Minister sensibly said—it might be worth considering provision for an independent report. No one is suggesting that there should be an independent report on every possible harbour revision order, because most are uncontroversial; the need arises only when an order becomes controversial, or when there is a clash of interests.

[Stephen Hammond]

I have listened carefully to what my hon. Friend has said, and I shall ensure that my officials and I go to the meeting in the spirit that he desires. He is right to say that everyone wants to deal with the clause constructively.

As I said in an earlier intervention, and also a moment ago, some harbour authorities have powers of general direction through private Acts of Parliament or through the harbour revision orders, while others do not. Such general directions are used to control vessels and improve safety. The Bill enables the Secretary of State for Transport to make an order giving a named harbour the power to make general directions in respect of ships. I think that that is a welcome measure, which will have the potential to place all harbour authorities on a similar footing in terms of order-making powers to control their harbours using general directions. As for the harbour closure proposals, it seems sensible to me to allow port and harbour facilities that are no longer economically viable to be closed in order to prevent a continued financial drain on their owners.

[Sir Peter Bottomley]

Many navigation authorities are on inland waterways, which may not be within the scope of the Bill. Might they constitute inactive responsible authorities, and might they be covered by the clause? I do not expect the Minister to answer my question immediately, but perhaps he would be kind enough to write to my hon. Friend and me at a later stage.

[Stephen Hammond]

I will indeed.

My hon. Friend the Member for Thurrock made an extraordinarily powerful speech about clause 7. She not only guided us through the history of the Port of Tilbury authority—I shall use that information for a question in my constituency pub quiz later—but drew attention to the Bill’s antecedent of 2008, and welcomed the present Bill.

As my hon. Friend said, knowledge of the powers of the port police and what should be required of them in the 21st century is limited. She gave examples of the anachronistic nature of the law as it applies to them: it certainly does not cover the needs and requirements of the 21st century. She rightly observed that their role often went well beyond their present tightly defined remit, involving traffic control, the ability to work with local police forces in trying to control episodes of disorder, and the additional resource that they provide in other contexts as and when directed by local forces. They should, of course, also feature on the roll of honour celebrating the great performance of public servants and volunteers during the Olympics. She rightly recognised and forcefully made the point that clause 7 will put the ports police on the same footing as other police. It is right that it does so, and I look forward to the clause being widely welcomed in Committee.

The Bill does not limit itself to the matters of shipping and port activity; it also seeks to enable the general lighthouse authorities to trade more freely in the commercial sector. My hon. Friend gave us a pub quiz question, so before I comment on that legislation, may I, in that same spirit, tell her some things of which she may not be aware? The oldest lighthouse in existence is indeed in these islands, at Hook Head, in south-east Ireland—the tower, with additions and modifications, dates back to Norman times; Trinity House has been in existence for 500 years; the Northern Lighthouse Board recently celebrated the bicentenary of its iconic Bell Rock lighthouse; and the Commissioners of Irish Lights provides marine aids to navigation across the whole of Ireland—it is symbolic of what the UK and Ireland can achieve through working together. The enactment of this clause will not only enable the general lighthouse authorities to minimise their operational costs through the generation of additional income, but will help the Commissioners of Irish Lights in its drive to be self-funding in the Republic by 2015-16.

I, too, am aware of the commercial activities that the general lighthouse authorities undertake. They also pool their limited spare capacity to undertake commercial work where they can, a good example of which is the help they give the Met Office in maintaining deepwater buoys. The clause that my hon. Friend has promoted will enable the three general lighthouse authorities to enter into commercial agreements more easily, and trade on their good names.

I take the stricture of the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) about the phraseology of clause 10; he rightly says that it refers to a previous Bill. I take his point, and nothing should be inferred from that phraseology. Clauses 10 and 11 are the other substantive clauses in this Bill, and they represent a sensible approach to tying up administrative loose ends for the lighthouse authorities and removing some of the bureaucracy involved in making new regulations on manning or crewing requirements, which is costly for both private enterprise and the Government.

The Bill has had widespread support. A number of issues have been raised, on which I hope we have been able to reassure hon. Members. If not, I hope that we will be able to do so in Committee. So I commend my hon. Friend the Member for South East Cornwall for introducing this legislation and I commend her Bill. I hope that hon. Members will agree with my assertion that it should be taken forward to Committee, and I look forward to its passage on to the statute book.