Wreck Removal Convention Bill

Thérèse Coffey Excerpts

Friday 18th March 2011 Commons Chamber

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I beg to move, That the Bill be now read the Third time.

After that comedy of errors, it is appropriate that it is red nose day today. I will open with a quick question. What do you find lying on a seabed shivering? The answer is a nervous wreck. Perhaps I am a bit of a nervous wreck because I finally get to speak to the Bill that stands in my name.

I am delighted to have the opportunity to introduce this Bill. In my constituency, which contains the premier port of Felixstowe, large ships, including many cargo tankers, as well as container ships, are a feature on the horizon looking out across the North sea. However, they also bring to mind the risk of the greatest possible casualty for any marine vessel and any mariner—a shipwreck. Although the seas can be a dangerous place, we are justly proud of our record in this country in preventing accidents and dealing with those that do occur.

However, complacency is no place to be, and we have an opportunity through this Bill to implement the International Maritime Organisation’s international convention on the removal of wrecks. The underlying principle of that convention is that the liability for removing wrecks is placed firmly with the shipowner rather than the British taxpayer. The wreck removal convention is a new international instrument negotiated by the previous Government, and primary legislation is required to implement it. I commend this to my hon. Friends because it is not a European competence; the powers of this House are required to initiate this important law.

The Bill’s provisions will be enacted only if nine other nation states ratify the convention. One state has already done so, and eight have proceedings under way. I believe that the United Kingdom Parliament, by enacting this in due course, will lead as an example to other nation states in encouraging them to get on with it and put this important convention in place.

[Mr William Cash (Stone) (Con)]

I congratulate my hon. Friend on having found a piece of legislation that is not a European competence.

[Dr Coffey]

I thank my hon. Friend for that. One can imagine that I picked my Bill carefully so that it was not a money Bill and required our primary competence.

[Sir Peter Bottomley (Worthing West) (Con)]

Is it not correct that if my hon. Friend were to take all the possible provisions that she could have promoted in the House on a random basis, there would be a seven out of eight chance that she would pick something that was not a European competence?

[Dr Coffey]

That may well be true, but when I came to choose my Bill I wanted something that was relevant to the people of my constituency and to the United Kingdom, and I am proud to have done so.

Why does this Bill matter? A wreck can cause a number of problems. It may constitute a hazard to navigation, potentially endangering other vessels and their crews. It may block a port, which would be highly damaging to our country’s trade, as well as to offshore infrastructure such as oil rigs, buoys, wind farms and similar. It may cause substantial damage to the marine and coastal environments, both of which are precious. It can also be exceptionally expensive to deal with. Currently, there is no requirement for a shipowner to remove a wreck or pay for its removal, except in specific cases of pollution, where the Secretary of State can already act. Even then, however, the cost of recovery is not guaranteed. The UK has no powers to act on UK and non-UK ships outside its territorial seas, except in circumstances of pollution within the UK’s pollution zone.

Let me offer in support of the Bill two examples of recent incidents. In 2007, MSC Napoli, a UK-registered container ship, suffered flooding in her engine room during severe weather conditions. Due to the risk of pollution, SOSREP—Secretary of State’s Representative—an agency of the UK Government, in conjunction with the French authorities, used its emergency powers to intervene. To date, the Government’s costs in dealing with this wreck are approximately £2.8 million, which they do not expect to be able to recover in full. If this convention had been in place, we could have done so.

A second example, which is a bit closer to home for me, is that of the Lagik, a non-UK registered ship that was grounded on the River Nene in 2000. A combination of the weight of the ship and the cargo of steel broke the ship’s back as the tide ebbed. It was declared a total constructive loss. That incident closed the port of Wisbech for 44 days. I dread to think what would happen if the port of Felixstowe was closed for a similar length of time. The Lagik was abandoned by her owners, so the task fell to the Government and their agencies at a cost of about £1.25 million. Despite attempts to recover the costs through legal action, not a single penny has been recovered. Again, that would not have been the case if the convention had been in place.

[Mr David Nuttall (Bury North) (Con)]

I congratulate my hon. Friend on introducing the Bill. It clearly has the potential to save the taxpayer a great deal of money. Does it extend as far as covering the costs of consequential damage caused by a shipwreck, such as that caused by the escape of its cargo, which could be oil and would thereby have a tremendous, adverse environmental impact?

[Dr Coffey]

I understand that consequential costs could also be recovered. There are already powers to deal with pollution, including oil spills.

The purpose of the convention and of the Bill is to lay primary responsibility for the removal of the wreck and subsequent clearing costs with the shipowner, while providing powers to the Secretary of State to act if the shipowner does not do so expeditiously.

The Bill requires ships of 300 gross tonnage and above to maintain insurance for this liability, which will be enforced through a wreck removal insurance certification scheme. I assure hon. Members that as soon as 10 nation states implement the convention, that will effectively become a worldwide requirement, so it will not deter boats from coming to UK ports. Importantly, the UK authorities will be given the power to take action to recover costs directly from insurers.

It is a great privilege to take a Bill through this House and I am happy to be doing so in my first Session. I hope that it will progress well in the Lords, and indeed in this place. My predecessor, Lord Deben, was never fortunate enough to be called in the ballot, so this is one small achievement that I now have as the Member for Suffolk Coastal. This is an important Bill and I commend it to the House.