Marine Navigation (No. 2) Bill Debate

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Department: Department for Transport

Marine Navigation (No. 2) Bill

Stephen Hammond Excerpts
Friday 30th November 2012

(11 years, 11 months ago)

Commons Chamber
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Philip Davies Portrait Philip Davies
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My hon. Friend is right, but I am sure, Mr Deputy Speaker, that you would not want me to get sidetracked into discussing the merits, or otherwise, of EU regulations, so I will not do so.

Stephen Hammond Portrait The Parliamentary Under-Secretary of State for Transport (Stephen Hammond)
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I have good news for my hon. Friend on this point. The Government intend to move from one in, one out to one in, two out as of next year. I am surprised to see him today. He is rightly raising concerns about safety, but he is also raising concerns about regulation rather than deregulation.

Philip Davies Portrait Philip Davies
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I take on board the Minister’s point. [Interruption.] My hon. Friend the Member for Croydon South (Richard Ottaway) mutters that perhaps we could move to one in, three out, and that would certainly be a step to be encouraged. The point is that the question of one in, one out and regulation and deregulation is not just a numbers game. Although the aim is to have less regulation overall, we want to keep the regulations that serve a good purpose and get rid of the ones that are wholly unnecessary. I firmly agree with my hon. Friend the Member for Bury North (Mr Nuttall) about European regulations.

I agree with the thrust of the Government’s one in, one out target, or one in, two out, which would be even better—or even the one in, three out proposal of my hon. Friend the Member for Croydon South. I would be happy to start a bidding war on that. The problem, however, is that a deregulatory measure might be proposed not because it deregulates in the right area, but because it meets the numbers target we have set ourselves. I would not want us to get into that situation. We must address each proposal on its merits, and I am not convinced that we have chosen the best measure in this instance. The Government’s impact assessment suggests to me there may be too much attention on hitting this particular target, and not enough on the merits of each proposal.

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Andrew Miller Portrait Andrew Miller (Ellesmere Port and Neston) (Lab)
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I thank the Minister for his co-operation in facilitating the availability of his officials since the Committee stage. It has caused me to do an awful lot of reading, for which I do not necessarily thank him. We are dealing with incredibly complex regulations and I want to put on record, having previously chaired the Deregulation Committee, that I believe that there is undoubtedly a case for better regulation, and the Bill is part of that process. When we deal with the regulatory regime, we should not simply count numbers, but focus on better regulation all round.

We cannot compromise on marine safety. Things go wrong at sea and close to shore. Some have tragic consequences and others have an element of humour, not least the recent case of Sandy island. I do not know whether the Minister has caught up with that story, but the island has been on charts since 1876, and it has taken till 2012 for the error to be spotted. A whaling ship—I do not know whether it had a drunken skipper—spotted the island in 1876, and only now has it been proven not to exist.

However, the Bill deals with very serious matters. The difference between us is a matter of definition, as the Minister knows, but the definitions are critical. My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) referred to evidence that we received from the United Kingdom Maritime Pilots Association, which says that the current wording of clause 2 contravenes: Department for Transport and Maritime and Coastguard Agency policies and guidance; the Department for Transport and port marine safety code; the International Maritime Organisation standards of training, certification and watchkeeping regulations; the IMO international safety management code; and bridge resource management. The Department has signed up to all those principles.

In Committee, the Minister tried to explain that, in his view, the language of the clauses was adequate to keep within not only the spirit, but the letter of such regulations. However, it is clearly the professionals’ view that that is not the case. I hope that, when the Minister speaks to his amendments, we will have some clear answers to those challenging points, which are very serious.

The first code that I mentioned refers to 10 years and thousands of hours of work required to reach the status of an expert in some of the disciplines that are needed. It is therefore important, as my hon. Friend the Member for Poplar and Limehouse said, that we ensure that the skill levels are properly defined so that we do not put anyone at risk.

The reference to management level is appropriate. There is sufficient cross-referencing in the various regulations and in the way that marine officers, ship owners and Governments have interpreted the law over many years to mean that if we incorporate the word “senior”, we get some way there. The Minister may be able to convince us that he has got it right.

I have received further guidance from my constituent, Mr Youde, who I know has written to the Minister—

Stephen Hammond Portrait Stephen Hammond
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Extensively.

Andrew Miller Portrait Andrew Miller
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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.

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Stephen Hammond Portrait Stephen Hammond
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We have had a wide-ranging debate on clause 2 and on the amendments, to which the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) spoke ably, as ever. Let me say at the outset—I know that the hon. Gentleman accepts this, but I want to put it on the record—that the Government will do nothing in legislation that would in any way endanger safety at sea. Only a mad hatter would believe that we would do anything that mad.

I listened carefully to the comments of my hon. Friend the Member for Shipley (Philip Davies), who, as ever, has been thorough in his investigation and exploration of the clause we are considering. I hope that he is reassured by some of the helpful assurances that I was able to give the hon. Member for Ellesmere Port and Neston (Andrew Miller) on Second Reading and in Committee. For example, I was able to say that the Government would reconsider the clause and bring forward amendments on Report, as we are today.

Let me deal with each amendment in turn. Amendment 1 would leave out clause 2. I am grateful to the hon. Member for Poplar and Limehouse for setting out his reasons for tabling the amendment. As with other amendments that have been proposed, alternative definitions of who should hold a PEC have become the crux of what we are debating. The existing restriction limiting the issue of PECs to masters and first mates only no longer reflects maritime operations. For example, many ships and ferries making short voyages no longer have a single master or first mate, because they need to be able to keep the ship almost constantly active. On longer routes, where it is more likely that there is a single holder of each of those roles, there is often the risk of fatigue.

There will always be the alternative for a master to take on board a marine pilot if circumstances mean that none of the PEC holders on the ship is available to pilot it because of the hours worked or limited crew numbers, but if a suitably qualified person is available, it cannot be justifiable that, simply because they do not have the right title, they should not hold a PEC and pilot the ship.

Both the hon. Member for Poplar and Limehouse and my hon. Friend the Member for Shipley suggested that the clause was being introduced solely to satisfy the demands of a small number of operators of dredgers on the River Thames. I say gently to them that that explanation is like the fish that is so rarely caught on the River Thames: the red herring. It is simply not the case—[Interruption.] I am glad my hon. Friend the Member for Worthing West (Sir Peter Bottomley) enjoyed that joke; this is a serious matter and there are few opportunities for levity.

The UK Chamber of Shipping has highlighted its desire to see that change in the UK ferry industry. It considers that recognition of the expertise that already exists on its ships will improve the flexibility and efficiency of operations. The industry is also looking ahead and training younger officers so that they are ready to fill senior roles in coming years, recognising that a large proportion of officers are approaching retirement in the next five years. Clause 2 supports the aspirations of those young officers by offering the opportunity to apply for a PEC when they are ready and able to do so, rather than just holding them back because of a job title. I hope that the hon. Member for Poplar and Limehouse, on reflection, will consider withdrawing amendment 1.

I am also grateful to the hon. Gentleman for explaining the problems he is seeking to address through his other amendments to clause 2. I have already stated that the maintenance of maritime safety must be our key concern. That is why I think that the Bill contains three balanced clauses relating to the management and usage of PECs. I firmly believe that competent harbour authorities would not issue a PEC to unqualified individuals. The hon. Member for Ellesmere Port and Neston will remember the clarification that I was able to give him on Second Reading and in Committee about exactly when a PEC is in operation.

Further, the Bill does not remove or amend in any way the essential safeguard whereby competent harbour authorities may only award a PEC to those whose

“skill, experience and local knowledge”

is sufficient to pilot the named ship or ships to which the PEC applies. The amendments would prevent the deck officers who have that skill, experience and local knowledge from holding a PEC merely because they are not a master or first mate. The addition of a senior navigating officer would not, in practice, extend the restriction at all. Aside from the fact that the definition of the term would be somewhat imprecise, common usage would associate it with what most people call the chief mate under the international convention on standards of training, certification and watchkeeping for seafarers.

The term “deck officer” is well known and makes it clear that PECs can be held only by crew members who are regularly tasked with the navigation of the named ship. This definition can be supported by guidance in the co-produced port marine safety code and the accompanying guide to good practice about the qualifications that deck officers are likely to have achieved before they are ready to take the PEC exam.

Clause 2 amends the criteria in the Pilotage Act 1987 for those who are eligible to be granted a PEC. At the moment, an applicant must satisfy the criteria that they must be a bona fide master or first mate and must demonstrate the skill, experience and knowledge sufficient to be capable of piloting the ship specified within the harbour to which the PEC applies. Let me be clear: the clause amends only the first criterion; the second is entirely unaffected by the Bill and remains a vital safeguard to ensure that competent harbour authorities issue PECs only to mariners who can demonstrate that they can safely navigate the ships specified on the PEC. That addresses several of the points made by hon. Friend the Member for Shipley. He should be absolutely clear about the fact that the PEC can be issued only to mariners who have the necessary skill and that it applies only to a specific harbour. I hope that he will reflect on that and recognise that the Bill does not affect the issue at all. All that clause 2 changes in relation to the Pilotage Act is the definition.

Let me turn to the Government amendments. The Government propose that we use the term “deck officer” rather than the terms suggested in other amendments. In Committee, I gave a guarantee that given the importance of this matter to maritime safety, we would give further consideration to exactly what might be the best terminology. The current terminology for such crew as would be appropriate for the qualification of a PEC is “deck officer”, which enjoys the following dictionary definition:

“an officer in charge of the above-deck workings and manoeuvres at sea of a ship or boat.”

I suggest that that covers several of the concerns expressed by the hon. Members for Poplar and Limehouse and for Ellesmere Port and Neston.

Members have suggested qualifying terms such as “senior” or “certified” deck officer. However, those do not have the required clarity and are not in common usage, and would therefore maintain the current restriction. I was interested in the term “management-level deck officer” and accept that it could have some merit, but again, it is not in common usage. There may or may not be such a definition in maritime law, but there is no clarity about that.

Andrew Miller Portrait Andrew Miller
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In the STCW regulations, there is a reference to “management level”, but there is also a reference to “operational level”. Perhaps the Minister should look for a way of bringing the two together, because somebody can have managerial responsibility without having a hands-on role. The definition must ensure that the person is of operational level. Later in the regulations, there is a reference to

“officers in charge of a navigational watch”.

Somewhere in there, I think that there is a definition that everyone could buy into. The term “deck officer” does not exist in the regulations.

Stephen Hammond Portrait Stephen Hammond
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The term “deck officer” does not exist there, but it does exist. I ask the hon. Gentleman to reflect on the point that management level is covered by the usual definition of deck officer, which is

“an officer in charge of the above-deck workings and manoeuvres at sea”.

That implies that the officer must have operational and management level qualifications.

The term “deck officer” is clear and is widely accepted to be in current usage. It excludes members of the crew who are not responsible for navigating the ship. The second criterion will still apply, so a deck officer would still need to have the requisite

“skill, experience and local knowledge”

to qualify for a PEC.

The port marine safety code and the accompanying guide to good practice are co-produced by the ports, the shipping industry, trade unions, maritime experts and the Government. They provide guidance for ports on the management of PECs and already suggest that competent harbour authorities seek a valid certificate of competency as a deck officer from PEC applicants.

I suggest that the Government amendments are a way forward. We have listened carefully to the concerns of the Opposition and other Members about the definition. Our proposals reflect the ambition of the Bill to reflect modern usage. I hope that the hon. Member for Poplar and Limehouse and my hon. Friend the Member for Shipley will be reassured by the Government amendments and will not press their own.

Jim Fitzpatrick Portrait Jim Fitzpatrick
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I have listened carefully to the Minister’s response on our amendments. As I outlined in my opening remarks, the deletion of clause 2 was a principled defence of the status quo in the absence of an alternative.

The alternative that we suggested was “senior deck officer” because that is what was suggested to us. The Minister stated that “deck officer” is a recognised term in the industry. He also acknowledged that our suggestion of replacing “senior” with “management-level” would be appropriate and that that term is contained in other regulations.

In essence, what we are talking about is safety. As the hon. Member for Shipley (Philip Davies) said, this is not an insignificant element of the proposals, but relates to the fundamental question of safety. We would not want to challenge the Government on their commitment to safety, because we accept the Minister’s assurances. I also know that the hon. Member for South East Cornwall (Sheryll Murray), in whose name the Bill stands, would not want to do anything other than improve safety for mariners. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: Government amendment 12, page 2, line 7, leave out ‘member of the crew’ and insert ‘deck officer’.

Government amendment 13, page 2, line 8, leave out ‘omit “of which he is master or first mate”’ and insert ‘for “master or first mate” substitute “a deck officer”’.

Government amendment 14, page 2, line 10, leave out ‘member of the crew’ and insert ‘deck officer’.

Government amendment 15, page 2, line 12, leave out ‘person’ and insert ‘deck officer’.

Government amendment 16, page 2, line 12, at end insert—

‘( ) In section 31(1) (interpretation) at the appropriate place insert—

“deck officer”, in relation to a ship, includes the master and first mate;”.’.—(Stephen Hammond.)

Clause 5

Harbour directions

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Peter Bottomley Portrait Sir Peter Bottomley
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I could go on at great length, but I will spare the House. Trying to create good will while being very clear and determined is probably the most useful way forward. I will certainly listen with interest to what my hon. Friend the Member for South East Cornwall has to say, and, if I may say so, to my hon. Friend the Minister when he responds to the amendments.

It has been suggested that the process that was started—I would say started a bit late—between the port authorities, with the help of the Department and the yachting interests, could lead to a code of practice. Only one draft code of practice has been put forward, by the Royal Yachting Association. I understand that in the middle of December there is to be a meeting between the various bodies. It will be interesting to hear—now if the Minister can, but certainly by then—whether the draft code of practice and the methods put forward for consideration for agreement are likely to be agreed in substance or completely.

The next question is what the Minister will say about designating harbour authorities—I do not anticipate that he will be able to speak for the other national authorities other than those for England, but he could indicate whether others may do the same—and whether he will bear in mind the commitment to adhere to an agreed code of practice, and that that commitment, which will not be onerous, and no one is trying to suggest something that would cause more bureaucracy, will be a factor when considering designation. That is one of the crucial issues on which the Minister can address the House. [Interruption.] Is he addressing the House now?

Stephen Hammond Portrait Stephen Hammond
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I tried, on Second Reading and in Committee, to be as helpful as possible as early as possible so that there was no cause for confusion. It is my expectation and the expectation of the Department for Transport that, when applying for a designation, a harbour authority would sign up to the code of practice.

Peter Bottomley Portrait Sir Peter Bottomley
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I am sure that what the Minister said will be helpful. The question of whether it is sufficiently helpful will be a second test, but I am grateful to my hon. Friend and I will take that into account.

Mr Deputy Speaker, the selection of amendments to other clauses in the same debate is, if I may say so, generous to the promoter of the Bill, because it allows for fewer debates than would otherwise happen. I do not make any criticism—I just note that.

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Richard Ottaway Portrait Richard Ottaway
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I am grateful to my hon. Friend for confirming that point.

Another scenario could involve a stipulation that all ships, including sailing and motorised dinghies and other small craft used in navigation, must carry specified equipment such as anchors. I do not know whether my hon. Friend the Member for South East Cornwall believes that every boat carries an anchor, but I can assure her that the vast majority do not do so. It could be decreed, however, that they must do so in a tideway so that they could get out of the way and drop anchor. Another possibility could be a requirement that fairways must be avoided by recreational craft, irrespective of whether other shipping is present.

Further possibilities include unjustifiable prohibitions from navigating within a specified distance of environmental features, and prohibitions from anchoring for recreational purposes. Indeed, there is a major dispute at the moment between yachtsmen in the Solent and the National Trust over anchoring in Osborne bay on the Isle of Wight, close to the home of Queen Victoria. The National Trust appears to have exceeded its powers in demanding that yachtsmen should not anchor in the bay adjacent to Osborne house. That is yet another illustration of how unelected authorities can impose a regulation, without having the power to do so or, indeed, without any thought for competing interests. Even if a harbour authority exercises its discretion not to prosecute the skipper of a recreational craft for infringing a harbour direction, the mere existence of that direction may be sufficient to invalidate the vessel’s insurance policy under section 41 of the Marine Insurance Act 1906.

Such general powers of direction have been attained over the years by a number of individual harbour authorities, starting with the Port of London Authority in 1968 and have then gradually taken the place of byelaws, which, unlike harbour directions, have to be confirmed by the Secretary of State and are subject to clear checks and balances. That is why I hope I can persuade the Bill’s promoter to accept amendment 7.

The Royal Yachting Association has become increasingly concerned in recent years at the potential for such powers to give harbour directions to be exercised indiscriminately in a manner that is unnecessary and harmful to the lawful exercise of recreational and other navigational rights. There are instances—quite a number of them—of harbour authorities routinely disregarding the views of their statutory advisory committees. For example, the Saundersfoot harbour commissioners have ignored the views of their statutory advisers, while the Wells harbour commissioners have purported to issue harbour directions despite not having the lawful authority to do so. Those examples do not give me confidence that the power contained in clause 5 would be exercised rationally and with due regard for the interests of all harbour users.

I consider the powers to give harbour directions, in the form proposed in the Bill, to be generally unmerited for a variety of reasons. The making of harbour directions involves the creation of new criminal offences, which many local harbour authorities are not equipped to do. Even democratically elected local authorities do not have such powers and the Bill contains none of the supervisory safeguards usually imposed for law-making bodies. I say to the Minister in all sincerity that granting an unelected harbour authority law-making powers that are not subject to democratic checks and balances and full transparency runs counter to the Government’s own localism policy.

Harbour directions could be made under the power over wide areas used by recreational craft in a disproportionate manner, without proper risk assessment or consideration of the full implications and possible alternatives. They could be used to impose very significant and potentially burdensome restrictions on the navigation and use of recreational craft. It is worth noting, as I described earlier in relation to the Southampton harbour authority, that many harbour authorities have jurisdiction over substantial areas going out to sea, and not just over partially enclosed harbour areas.

Prior consultation is an inadequate safeguard, not least because—notwithstanding that prior consultation—inappropriate or flawed decisions often still follow, as experience across the public and private sector generally shows. Furthermore, as my hon. Friend the Member for Worthing West (Sir Peter Bottomley) pointed out, judicial review is not an adequate remedy against an objectionable direction where, as here, powers are expressed without meaningful limitations. There is unlikely ever to be any procedural or substantive illegality to provide a course of action.

The RYA has expressed its concerns over a number of years to representatives of the port industry and to the Government, including in a response to a Government consultation on the draft Marine Navigation Bill of 2008, which contained an equivalent provision to that set out in clause 5. As my hon. Friend the Member for Worthing West said, a meeting between the RYA, the Member in charge of the Bill and the Minister has now taken place, but the RYA understands that those behind the Bill do not propose to drop the provision or amend it in any way to meet the RYA’s concerns. I have to say that that gives me cause for concern. [Interruption.]

I beg the Minister’s pardon. I thought at that point that his body language was moving towards the Dispatch Box.

Stephen Hammond Portrait Stephen Hammond
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I shall move slowly in the direction of the Dispatch Box.

It was somewhat frustrating that in some of the discussions we thought that we had moved to certain places, and then found two hours later that we had not. Let me gently say that it would be helpful if both sides were prepared to concede some points, so that we could proceed towards the establishment of a non-statutory code of conduct.

Richard Ottaway Portrait Richard Ottaway
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I hope that that is right, but, as we have only 45 minutes left, it would be of great assistance if the Minister told us now that there would be some movement in that regard.

Stephen Hammond Portrait Stephen Hammond
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There has been.

Richard Ottaway Portrait Richard Ottaway
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I was not present during the discussions, but those who were have told me that there has not been movement. If the Minister is able to confirm that there has been, and that he can agree to the code of conduct that is being proposed, his throat can then dry up and we can all move on, quite satisfactorily.

It has been suggested to the RYA that a non-statutory process should be established to ensure that the powers to make harbour directions under clause 5 are used appropriately. That might include a code of conduct setting out how harbour authorities would use their powers to make harbour directions and providing for levels of consultation, a dispute resolution process if objections cannot be resolved, and an arbitration process if the code of conduct has not been adhered to. Model harbour directions would also be developed.

While, from the Department’s point of view, such a non-statutory process no doubt has the advantage of enabling the Department to avoid taking any responsibility for the matter or expending any resources, it would offer no real safeguards against the misuse of the proposed new powers unless all harbour authorities were required by the Secretary of State to commit themselves to the code of conduct as a prerequisite to being designated under clause 5. Given that elected local authorities are subject to such a requirement, why should it not apply to unelected harbour authorities?

Stephen Hammond Portrait Stephen Hammond
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I said on Second Reading and in Committee that the Department would issue guidelines on the competence of harbour authorities to make directions, and I have already given my hon. Friend the Member for Worthing West (Sir Peter Bottomley) the reassurance that my hon. Friend has just sought.

Richard Ottaway Portrait Richard Ottaway
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I am grateful to the Minister, but he has yet to explain why local authorities, Transport for London and the Civil Aviation Authority should be treated differently from unelected harbour authorities.

I had many more points to make, but it might be sensible for me to allow the Minister to set out in some depth exactly what his reaction will be. As my hon. Friend the Member for Worthing West pointed out, the Bill still has to pass through the other place. There is a substantial shipping lobby there, which will take a close interest in the Bill. If the Minister can give us some assurances, I imagine that the Bill will be given a speedy passage through both Houses.

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Sheryll Murray Portrait Sheryll Murray
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I will be very brief, as I know time is running out, but I want to assure those Members who are concerned about safety that nobody knows better than me that incidents that cannot be legislated for can happen at sea, because my family has paid the cost of that. I have spoken to a lot of yachtsmen, and members of the RYA and harbourmasters. This measure is about port safety. I urge those Members who have spoken so eloquently about the RYA to consider the safety implications of having congested harbours and a harbourmaster who cannot move boats from one area of the harbour when dredging takes place.

I pay tribute to the my hon. Friend the Member for Croydon South (Richard Ottaway), who had a distinguished career in the Royal Navy. I should declare a special interest, as my daughter is involved in navigation as a lieutenant commander in the Royal Navy and my son deals with electronic navigational aids. I also want to put on record an interest to which I do not strictly need to refer today, and that is my membership of the Sea Safety Group, which I sincerely hope will form the type of organisation that will bring everybody together to draw up the code of practice. Not only was I a member of the Plymouth sea safety group, which brought merchant shipping people, ports, port and harbour authorities and every other user of the sea, including the RNLI and RYA, together, but so was my late husband. I am so sorry that I got angry when I heard that yachtsmen were going to sea without using VHF radios, but nobody knows more than me what that can mean. I apologise for my anger, but I believe that everybody should go to sea with a VHF radio and an emergency position indicating radio beacon.

I am sorry to have taken up so much time and I sincerely hope that my hon. Friend the Member for Worthing West (Sir Peter Bottomley) will consider withdrawing the amendment.

Stephen Hammond Portrait Stephen Hammond
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This has been a passionate debate and I recognise the concerns raised by my hon. Friends the Members for Worthing West (Sir Peter Bottomley) and for Croydon South (Richard Ottaway), both of whom spoke passionately and with knowledge. I hope that they accept, as I do, that the concerns have been raised a number of times and I hope we are moving towards a solution. The concerns were raised at a meeting with me before the Committee stage of the Bill. I hope that I will be able to allay some of them by explaining why the Government have chosen the non-statutory safeguards that complement the statutory provisions in the Bill. I understand that they have been agreed in principle by industry in its widest sense, by the Department and in principle although not in detail by the RYA. In total, there are 12 safeguards, some of which are detailed in the Bill. Others are non-statutory and I want to focus on them.

A set of harbour directions will be made available for harbours to adopt, as will guidance on how to use the power. A code of conduct covering good practice on consultation and a mechanism to resolve disputes about harbour directions before they are made will be developed by representatives of the port and the port users. An independently chaired panel will be established to develop and maintain the code of conduct and model harbour directions and I have given assurances on Second Reading and in Committee that the Department will actively engage in ensuring that there are guidelines for what should be covered in the code of conduct, how the harbour authority should make those directions and whom they should be consulting.

I expect the code of conduct to be agreed. I want it agreed by all sides—that is, not just by my Department but by the RYA. That is why the meeting in December is greatly important, as it will bring together a number of the major key stakeholders: the RYA, the UK Major Ports Group, the British Ports Association and my Department. I hope that given my assurance that I expect the code to be agreed or, if it is not agreed, amended as promised in the other place, my hon. Friends will consider that as basis for accepting some reassurance today.

On clause 5 and amendment 7, I have tried explicitly to give the assurance that, when a harbour authority expects to participate, it will have to sign up to the code of conduct before it makes the application.

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Stephen Hammond Portrait Stephen Hammond
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It is a great pleasure to bring to a close today’s debate on this welcome Bill, as we acknowledge the Bill that was started under the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) in his time. I am grateful to him and to his colleague, the hon. Member for Ellesmere Port and Neston (Andrew Miller), for their helpful and constructive contributions.

The Bill has been acknowledged on both sides of the House as desirable and as needing some fine-tuning, which is why we listened in Committee. I am particularly grateful to my hon. Friends the Members for Worthing West (Sir Peter Bottomley) and for Croydon South (Richard Ottaway) and glad that I have been able to provide them with some reassurance on the matters they are concerned about. I accept that further work is needed, particularly on the code of practice, and look forward to ensuring that happens, in line with the commitments I have given today. My hon. Friend the Member for Thurrock (Jackie Doyle-Price) is absolutely right that one of the important aspects of the Bill is what it does in relation to the ports police.

Of course, it is much to the credit of my hon. Friend the Member for South East Cornwall (Sheryll Murray) that her Bill has made such rapid progress so far. Taking on board the maritime theme, I think that it has made the progress of a speedy catamaran, rather than a ponderous super-tanker—that is probably enough of my laboured jokes for one day. I am delighted that the Bill has made its way through this House and look forward to watching its progress through the other place.

Question put and agreed to.

Bill accordingly read the Third time and passed.