Question to the Ministry of Defence:

To ask the Secretary of State for Defence, if he will undertake a review with the Secretary of State for Transport of the status of the SS Tilawa in light of the Court of Appeal judgment in Fogg and Ledgard v Secretary of State for Defence [2006] EWCA Civ 1270.

MOD officials have carefully reviewed the circumstances of the SS Tilawa's status at the time of her loss, including in light of the Court of Appeal judgment in Fogg and Ledgard v Secretary of State for Defence.

Vessels qualify for protection under the Protection of Military Remains Act (1986) (PMRA) if they were directly supporting military activity at the time of their loss. SS Storaa qualified because her function and activities at the time of sinking placed her within military service for the purpose of PMRA. By contract, SS Tilawa was operating in a civilian capacity when she was lost and so falls outside of scope.