HC Deb 27 October 1966 vol 734 cc1275-6
7 and 8. Sir B. Janner

asked the President of the Board of Trade (1) if he will introduce legislation to make it compulsory for the owners of sea-going vessels to have third party insurance for damage or injury to passengers and cargo;

(2) whether, in view of the accidents which have occurred at sea recently, he will make it the duty of a shipowner to provide a seaworthy ship in contracts which are not subject to the Carriage of Goods by Sea Act, 1924, as well as those which are subject to that Act; and whether he will make it illegal for carriers by sea to contract themselves out of any obligation for the payment of damages caused by the negligence of the carriers or their servants, agents or others.

Mr. Mason

It is already an offence to send a British ship to sea in such an un-seaworthy state that the life of any person is likely to be endangered. Nothing in the contract of carriage between a shipowner and his customer can affect this obligation.

In the case of cargoes subject to the Carriage of Goods by Sea Act, 1924, the shipowner is normally under a legal obligation to pay compensation for damage due to negligence. There is no evidence to suggest that it is necessary to make insurance in respect of this liability compulsory.

I am not convinced there is a case for amending the law to cover all other contracts of carriage by sea in the way my hon. Friend suggests, but I am considering the issues raised in connection with a recent incident.

Sir B. Janner

Is my hon. Friend aware that there will be considerable astonishment at his reply in view of the fact that it is understood that contracts can, and do, contain exemptions on the back—I have one in my hand at the moment—which make it impossible for a claim, according to the contract, to be sustained even if the ship is unseaworthy? Will my hon. Friend go into the matter again and make sure that the law is sufficient to cover these cases?

Mr. Mason

Perhaps my hon. Friend will let me have details of the case he has in mind, and I will certainly look into it.

Mr. Ridsdale

Is it the intention of the Minister to introduce national registration for small ships that ply for hire? A considerable number of accidents were caused in the summer and we wish this system to be brought in because lives are at stake.

Mr. Mason

Although we are considering how best we can improve the safety of these small vessels which ply for trade around the coast, we have not at this stage seriously considered national registration of all these craft.