§ Order of the Day for the Second Reading read.
§ THE EARL OF MUNSTERMy Lords, this Bill deals with two questions only; first, it proposes an alteration in the law as regards the overloading of ships, and second, it proposes to amend the law as to life saving appliances carried on fishing vessels so as to carry out the recommendations of the Sea Fish Commission. The proposal to amend the law with regard to overloading arises immediately from the remarks made by Mr. Justice Greaves-Lord at the Central Criminal Court in the prosecution of the registered manager of the steamship "La Crescenta" and one of his employees, who were charged, among other things, under Section 457 of the Merchant Shipping Act, 1894, with sending a British ship to sea in such an unsea-worthy state by reason of overloading that the lives of the persons on board were liable to be thereby endangered. I need not dwell on the facts of the case but your Lordships will remember that the verdict was one of acquittal.
As the law stands at present it is an offence under the Merchant Shipping Act, 1932, punishable by a fine, to overload a British ship. It is not an offence to send a ship to sea overloaded unless, the overloading is of such a nature as to come within the scope of Section 457 of the Merchant Shipping Act, 1894, and to render the ship unsea worthy and likely to endanger human life. Clause 1 of this Bill makes the sending to sea of a British ship which is overloaded an offence punishable by imprisonment. This is logical, for, if it is an offence to overload a ship, it is a more serious offence to take her to sea so overloaded. Subsection (2) of Clause 1 applies the clause to all British ships which are subject to Section 44 of the Merchant Shipping Act, 1932, that is to say, to the ships of most important Colonies. Subsection (3) makes the new law applicable in all territories where Section 44 is in operation. This will give those parts of the Empire in which Section 44 is operative the power to take proceedings for an infringement in their territories of the new provision.
Clause 2 relates to the life saving appliances of fishing vessels. It has been realised for some time that the provisions of the law with regard to life saving appli- 582 ances on fishing vessels are out of date. The Sea Fish Commission recommended in their Report that legislation should be introduced with a view to giving the Board of Trade the same powers to make rules in regard to safety appliances on board fishing vessels as they already possess in respect of cargo vessels. Clause 2 therefore carries out this recommendation by repealing subsection (3) of Section 427 of the Merchant Shipping Act, 1894. The advantage to be gained by such a change of the law will be not only that effective provision can be made with regard to the life saving appliances of fishing vessels, but also that the rules can be kept up to date and can be adapted to the changing conditions of the industry. This is a very small Bill, which was approved in another place without a Division, and I beg to move.
§ Moved, That the Bill be now read 2a.—(The Earl of Munster.)
LORD STRABOLGIMy Lords, it is always a pleasure to congratulate the Government on bringing in a suitable and useful Bill, and I am very glad to do so on this occasion. The noble Earl describes it as a small Bill, but it is of great importance to the people concerned, and we welcome it. I was particularly glad to hear what he said about the fishing industry. That has changed very much. The modern deep sea going trawler is quite a large vessel, undertaking very extended voyages, with a numerous crew on board, and it is only right that she should carry the same appliances as vessels of her type and size in the ordinary Mercantile Marine.
§ On Question, Bill read 2a, and committed to a Committee of the Whole House.