INQUIRY INTO FITNESS OR CONDUCT OF OFFICER (Hansard, 11 March 1970)

§ Mr. Wingfield Digby

I beg to move Amendment No. 38, in page 24, line 42, leave out from "duties" to end of line 43.

We are dealing here with disqualifications and inquiries, and the words which we seek to delete are whether by reason of incompetence of misconduct or for any other reason". As we said in Committee, the word which we do not like is "incompetence". A charge could be made by the Board of Trade against an officer under subsection (1)(b) or (c), which are fairly wide in themselves, and the bandying about of the word "incompetence" is a serious matter.

Nowadays, trial by newspaper is rapidly being replaced by trial by television. Once it is bandied about that a certain officer is incompetent, it will be difficult for him to live it down. He is in a serious position in any case, because his certificate is suspended and his livelihood with it. If the charge is framed in this way, the hardship to him will be the greater.

§ Mr. Goronwy Roberts

The hon. Member for Dorset, West (Mr. Wingfield Digby) moved a similar Amendment in Committee. I explained, in reply, that the removal of the words whether by reason of incompetence or misconduct or for any other reason 1481 from subsection (1)(a) would have little effect other than of possibly causing some obscurity as to the ground of being unfit to discharge his duties". The ground would not be limited thereby.

I explained to the Committee that we have followed the recommendations in paragraph 192 of the Pearson Report as to the grounds for these inquiries. This means that we have added any other reason", by which we had in mind drug taking and mental illness, to the reasons now in Section 471 of the 1894 Act, namely, incompetence or misconduct.

I think that it is helpful to leave the references to incompetence and misconduct as well as to any other reason in interpreting what we mean by unfitness to discharge his duties". I do not think that there is any danger that any other reason 1482 will be read in a limited sense by virtue of its juxtaposition with incompetence or misconduct. The removal of any references to examples could raise doubts as to what is intended to be covered by the phrase unfit to discharge his duties". A certificate is issued as a safety measure, and the holder is regarded as fit to perform his duties so as to ensure the safety of the ship. Any defect which renders him unfit for any length of time, other than temporary illness or injury which removes him from duty, would endanger safety so long as he would continue to serve. It is thus desirable to be able to cover these possibilities.

I have carefully considered the matter. For the reasons I have given I am satisfied that the Amendment has little effect, and indeed is undesirable. I would prefer the Clause to go forward as it is. It would be more useful in that form. Therefore, I recommend the House not to accept the Amendment.