§ 3.13 p.m.
§ Amendments reported (according to Order).
§ Clause 2 [Amendments as to nature of liability limited by Merchant Shipping Act, 1894, s. 503]:
§ THE MINISTER WITHOUT PORTFOLIO (LORD MANCROFT)My Lords, this Amendment is intended to clarify the drafting of the subsection, and in particular to ensure that it is sufficiently wide in scope to allow my right honourable friend the Minister of Transport and Civil Aviation some degree of flexibility in making provision for the scheme which, as I said in Committee, will be agreed with the interests concerned. The scheme would enable harbour and conservancy authorities to recover those sums of money which they will not otherwise be able to recover in respect of wreck removal expenses because shipowners will now be entitled to limit their liability in this respect. I beg to move.
§
Amendment moved—
Page 3, line 28, leave out from ("them") to ("and") in line 29 and insert ("in respect of vessel's in like manner as other Sums SO raised by them")—(Lord Mancroft.)
§ On Question, Amendment agreed to.
§ Clause 5 [Release of ship, etc.]:
§
LORD MANCROFT moved to leave out subsection (3) and insert:
(3) The circumstances mentioned in subsection (1) of this section are that the guarantee was given in a port which, in relation to the claim, is the relevant port (or, as the case may be, a relevant port) and that that port is in a Convention country.
The noble Lord said: My Lords, this Amendment is designed to meet a point made by the noble and learned Lord, Lord Merriman, in Committee. The Bill as it stands is more generous to the shipowner than the Convention itself, but avoids the necessity for a change in existing practice. The effect of my Amendment is that, in order to obtain the compulsory as opposed to the discretionary release of his ship or security, the shipowner will have to show that he has given security in a relevant port itself, as defined in Clause 5 (5) of the Bill, and not merely in a country in which a relevant port is situated. The Amendment
691
brings the Bill into line with the Convention, and will necessitate a change in the existing English practice, under which security is normally given in London. I understand that such a change will be acceptable to all concerned. I beg to move.
§
Amendment moved—
Page 5, line 8, leave out subsection (3) and insert the said new subsection.—(Lord Mancroft.)
§ On Question, Amendment agreed to.
§ LORD MANCROFTMy Lords, this Amendment provides that the ship or security is not to be released by the Court unless the Court is satisfied that the law of the foreign country in which security has been given will not permit any claims to participate in the limitation fund if those claims cannot participate in the fund under British law. Otherwise, British claimants, although entitled to a share in the foreign fund, might get a smaller share because of the extended range of claimants entitled to participate. I beg to move.
§ Amendment moved—
§
Page 5, line 23, at end insert—
("(c) where part only of the amount for which a guarantee was given will be available to a claimant that part shall not be taken to correspond to his claim if any other part may be available to a claimant in respect of a liability to which no limit is set as mentioned in subsection (1) of this section.")—(Lord Mancroft.)
§ On Question, Amendment agreed to.
§ Clause 6 [Restriction on enforcement after giving of security]:
§ LORD MANCROFTMy Lords, this Amendment is little more than a drafting Amendment. I beg to move.
§
Amendment moved—
Page 6, line 11, after (" liability ") insert (" or any other liability incurred on the same occasion ").—(Lord Mancroft.)
§ On Question, Amendment agreed to.
§ LORD MANCROFTMy Lords, this Amendment in respect of the restrictions on the enforcement of judgments, makes roughly the same change as your Lordships have just agreed to in Amendment No. 3. I beg to move.
§ Amendment moved—
§
Page 6, line 20, at end insert—
("(b) where part only of the amount for which security has been given will be available
692
to the person in whose favour the judgment or decree was given or made that part shall not be taken to correspond to his claim if any other part may be available to a claimant in respect of a liability to which no limit is set as mentioned in subsection (1) of this section.")—(Lord Mancroft.)
§ On Question, Amendment agreed to.