Cruise Ship Safety

Stephen Mosley Excerpts

Tuesday 1st November 2011 Westminster Hall

[Stephen Mosley (City of Chester) (Con)]

In March this year, a constituent of mine, 24-year-old Rebecca Coriam, disappeared while working for a British employment agency on a Bahamian-registered, American-based, Disney cruise ship in international waters off the coast of Mexico. Rebecca was living her dream, working as a member of the youth staff on the cruise ship, Disney Wonder, which was cruising out of Los Angeles on a seven-day cruise along the Mexican coast. Rebecca was last seen shortly before dawn on 22 March. She failed to report to work at 9 am and the alarm was raised shortly afterwards. The crew initiated a search of the ship, and she was listed as missing at sea. While the Disney Wonder sailed on to her next destination, the Mexican coastguard searched the waters behind the ship and found nothing. The Disney Wonder is registered in the Bahamas and, under international maritime law, it is the responsibility of the Bahamas Maritime Authority to investigate Rebecca’s disappearance. Despite an ongoing investigation of more than seven months, Rebecca’s family are still awaiting news of what happened to their daughter.

The reason for calling the debate is the recognition that while international maritime law requires cruise ships to take every possible measure to provide safe passage, those measures are often ambiguous and are incorporated into UK and international law through a variety of legislation. When something goes wrong at sea, it is frequently impossible to establish responsibility and to ensure a thorough investigation. Victims are often left without protection, without support and with little prospect of securing justice.

Cruising is now one of Britain’s favourite holidays, with around one in nine package holidays being cruise vacations. The number of people cruising has doubled in the past 10 years, including around 1.62 million British people last year. Despite the global recession, the UK cruise industry expects to reach a total of 2 million passengers by 2014. Cruising also has the massively beneficial effect of bringing tourists to the UK. In 2010, a record 116 ships visited 47 UK ports from 53 different cruise lines, bringing 541,000 visitors to the UK. Those figures are more than double those recorded as recently as for 2003. Yet how many of those holidaymakers, passengers and crew realise that, if something goes wrong on their ship, they may be almost totally unprotected?

The first issue with incidents at sea is that national jurisdiction extends only so far beyond a nation’s border. Once a ship is more than 24 miles from any coastline, it is on the high seas, in international waters, and the law of that ship is then the law of the country whose flag it flies and responsibility for crimes on board the ship lies with the legal authority of that country. That in itself creates a number of problems, because, to avoid stringent safety rules and regulations and for tax purposes, many cruise companies register their ships in countries with little affiliation to the actual operation of their company. For example, nine of the largest cruise companies operating in the UK, which regularly carry hundreds of thousands of British citizens every year, have a total fleet of 93 cruise ships: 42 are registered in the Bahamas, 25 in Bermuda, 15 in Panama, four in Malta and one each in Cyprus, Italy, Ecuador and Liberia. As for the three remaining ships, when preparing for the debate, I could not track down in which country they were registered.

In Rebecca’s case, the Disney Wonder cruise ship was registered in the Bahamas. If I briefly describe the investigation that took place into Rebecca’s disappearance, it will become obvious why I have serious concerns about the protection of British citizens while at sea. One officer from the Bahamas Maritime Authority boarded the ship—one officer, three days after Rebecca’s disappearance, for a ship with a capacity of 2,700 passengers and 950 crew. Little formal questioning of the ship’s crew or passengers occurred, little effort was made to gather or secure evidence and little if any forensic investigation took place on board. After seven months, Rebecca’s family are still awaiting news of what happened to their daughter. How could we have allowed that to happen to a British citizen? We have the disappearance of a young Englishwoman, hired by an English corporation to sail on a cruise ship out of a US port, and yet not a single British or American police or forensic team went on board the cruise ship in the days following her disappearance.

Contrary to that pitiful investigation, however, the Foreign and Commonwealth Office website, under “Travel & living abroad” then “Cruise ship passengers”, states:

“Significant crimes against British nationals on any ship can in certain circumstances be reported to UK police and may be investigated even though they occurred outside the territory of the UK.

A crime may also be reported to the authorities in the port/country in which the ship was docked (or was headed) when the crime was committed with the result that local law enforcement agencies may also be involved in the investigation”,

yet only one officer from an authority that is internationally recognised as almost toothless investigated the disappearance of a British citizen. In my opinion, that is appalling.

I myself am an enthusiastic cruiser, and I do not intend to berate the British cruise industry. I like to think of myself as someone who pays attention to detail when taking my family abroad, and yet before I was approached by the Coriam family in March of this year, I had no idea, if anything happened to me or my family on board a cruise ship, that the UK authorities or even the authorities in the countries that we were visiting would be impotent to help me seek justice. The Minister must acknowledge that the risks associated with the practice of flagging ships in obscure countries, such as the Bahamas, Panama, Liberia or Ecuador, are unknown to the vast majority of those 1.6 million British citizens who cruise each year. Passengers must be made aware of the jurisdiction that they will be sailing under before they book a cruise holiday and of the potential downsides of sailing under a flag of convenience.

If people go on holiday to the Bahamas and something happens to them, they expect it to be investigated by the Bahamian police. If people were to fly from London to Hong Kong in an aircraft, they would quite rightly not expect the Bahamian police to investigate a crime that happened on board. For crimes in the air, because of the Tokyo convention of 1963, the country of landing has jurisdiction. Similarly, if people go on a cruise ship owned by a US company sailing off the coast of Mexico, they do not expect to be totally reliant on the Bahamian police. If airlines can sort out the problem of jurisdiction through the Tokyo convention, why cannot cruise ships? Rebecca’s case highlights the urgent need for greater clarity of jurisdiction if we are to sufficiently and swiftly seek justice on behalf of British citizens.

I want to make it clear that not only cases of missing people must be considered when discussing crimes at sea. Violence, theft and sexual assault also occur on cruise liners, and investigations are often as fruitless as in the cases of missing persons. There are no centrally collated records of crimes at sea. In fact, many cruise ships are not even required to keep their own logbook of incidents on board. It is not unsurprising that cruise ships and cruise companies do not publish the number of offences that occur on board, and only by trawling through international records and news reports and through contacts with victims and their families can campaign groups such as the International Cruise Victims association and Victim Support collate figures. International Cruise Victims states that at least 165 people have gone missing at sea since 1995, with at least 19 so far this year alone.

Sexual crime on board cruise ships is also a problem. Incidents of sexual assault and sexual victimisation are significantly more common on board cruise ships than on land. The south Florida newspaper, the Sun Sentinel, obtained copies of FBI reports of serious crimes on board cruise ships between December 2007 and October 2008. The sexual assault and sexual contact reports from just one ship, the Carnival Valor, which is registered in Panama, indicates the possible scale of the problem: 15 January 2008, female passenger victim; 21 January, female passenger victim; 6 March, female passenger victim; 21 March, 16-year-old female victim; 24 March, female crew victim; 8 June, female crew victim; 13 June, 16-year-old female victim; 9 September, female crew victim; 17 September, female passenger victim. Just one ship in less than one year reported nine sexual assaults and sexual contacts to the FBI.

Improving the prevention and investigation of crimes at sea needs a twofold approach, which includes tightening safety regulations governing cruise ships and clarifying international co-operation when investigating crimes. Last year in the United States, President Obama signed into law the Cruise Vessel Security and Safety Act 2010, which is designed to increase security, law enforcement and accountability on cruise ships in international waters and for ships that visit US ports. I urge the Minister to consider implementing a similar Act in the UK. Bringing together the variety of laws that currently govern cruise ships into one concise and comprehensive set of regulations would go some way to improving the safety of cruise ships. However, that is only the tip of the iceberg.

The Minister will doubtless tell us about the extremely high standards that pertain to ships flying the red ensign, and he will be totally right. However, by the end of this year there will be no cruise ships registered in the UK. The last three ships—the three Cunard Queens—have re-registered in Bermuda in the past few days. He will also tell us about the high standards imposed on ships registered in Crown dependencies, and he will be right about that, too. I am sure that he will also tell us about the high standards that the UK imposes on cruise ships that dock in the UK, about which he will also be right. However, the vast majority of British cruise passengers sail ships registered in different jurisdictions, which might be the Bahamas, Panama or Liberia. The majority of British cruises now sail from ports outside the UK, of which there were almost 1 million in the past year alone.

When it comes to crime against British subjects on ships registered with a flag of convenience from ports outside the UK, British nationals such as Rebecca can be almost alone and unprotected if they are the victim of crime. They may not even be aware of that until it is too late. It is vital that passengers be made aware of the jurisdiction they will be sailing under before they book a cruise holiday, and they must be made aware of the potential downsides of sailing under a flag of convenience.

It is also imperative for the UK authorities to take greater responsibility for investigating crimes against UK nationals that occur on the high seas. I urge the Minister to work with the Foreign and Commonwealth Office to co-ordinate with the International Maritime Organisation and with international law enforcement agencies such as Interpol to help synchronise a more coherent structure for criminal investigations in international waters and on ships flying flags of convenience.

More needs to be done to safeguard British citizens on cruise ships. I hope that the Minister and his Department will take on board these concerns and ensure that action is taken to do just that.