HL Deb 27 July 1971 vol 323 cc187-92

[References are to Bill 134 as first printed for the Commons]

[Nos. 1–37]

Clause 3, page 3, line 33, leave out "master" and insert "installation manager "

Clause 3, page 3, line 38, leave out "master" and insert "installation manager"

Clause 4, page 4, line 1, leave out "master" and insert "manager"

Clause 4, page 4, line 2, leave out "master" and insert "installation manager"

Clause 4, page 4, line 7, leave out "master" and insert "installation manager"

Clause 4, page 4, line 12, leave out "a master" and insert "an installation manager"

Clause 4, page 4, line 16, leave our first "masters" and insert "managers"

Clause 4, page 4, line 16, leave out second "masters" and insert "managers"

Clause 4, page 4, line 18, leave out "masters" and insert "managers"

Clause 4, page 4, line 21, leave out "masters" and insert "managers"

Clause 4, page 4, line 24, leave out "a master" and insert "an installation manager"

Clause 4, page 4, line 30, leave out "a master" and insert "an installation manager"

Clause 4, page 4, line 43, leave out "master" and insert "manager"

Clause 4, page 4, line 44, after "installation" insert "or to an installation manager"

Clause 4, page 5, line 1, leave out "master" and insert "manager"

Clause 4, page 5, line 8, leave out "master" and insert "manager"

Clause 4, page 5, line 10, after second "or" insert "where connected with safety, health or welfare"

Clause 4, page 5, line 17, leave out "master" and insert "manager"

Clause 4, page 5, line 19, leave out "master" and insert "manager"

Clause 4, page 5, line 21, leave out "master" and insert "manager"

Clause 4, page 5, line 28, leave out "master" and insert "installation manager"

Clause 4, page 5, line 29, leave out "a master" and insert "an installation manager"

Clause 4, page 5, line 38, leave out "master" and insert "installation manager"

Clause 4, page 5, line 43, leave out "master" and insert "installation manager"

Clause 4, page 5, line 46, leave out "master" and insert "installation manager"

Clause 4, page 5, page 6, line 4, leave out "master" and insert "installation manager"

Clause 4, page 5, line 6, leave out "master" and insert "installation manager"

Clause 4, page 5, line 8, leave out "master" and insert "installation manager"

Clause 4, page 5, line 22, leave out "master" and insert "manager"

Clause 8, page 9, line 2, leave out from "concerning" to "in" in line 3, and insert "aircraft on or".

Clause 8, page 9, line 6, at end insert "and shall apply to the doing of anything in relation to any aircraft by any person, irrespective of nationality or, in the case of a body corporate, of the law under which it was incorporated".

Clause 10, page 10, line 1, at beginning insert "Subject to the provisions of this section,"

Clause 10, page 10, line 8, at end insert—

"or

  1. (c) any offence under section 5 of the Continental Shelf Act 1964 (discharge of oil), or
  2. (d) any offence committed on or as respects an aircraft which is not a British aircraft registered in the United Kingdom, being an offence created by virtue of section 8(4) of this Act.

(2) An offence shall not be one within subsection (1) above if it is an offence under, or under any provision having effect under—

  1. (a) the Merchant Shipping Acts 1894 to 1970, or any enactment to be construed as one with the Merchant Shipping Act 1894, or
  2. (b) the Customs and Excise Act 1952, or any enactment to be construed as one with that Act, or
  3. (c) the Oil in Navigable Waters Acts 1955 to 1971, or any enactment to be construed as one with the Oil in Navigable Waters Act 1955, or
  4. (d) except where it is created by virtue of section 8(4) of this Act, the Civil Aviation Acts 1949 to 1968, or any enactment to be construed as one with the Civil Aviation Act 1949."

Clause 10, page 10, line 15, at end insert—

" Provided that this subsection shall not apply to an offence if prosecution of that offence in England and Wales requires the consent of the Attorney General ".

Clause 12, page 11, line 30, leave out "master" and insert "installation manager".

In the Schedule, page 14, line 26, at beginning insert— .—(1) Limits on hours of employment in any specified operation or in any specified circumstances. (2)

In the Schedule, page 14, line 29, leave out "and discipline".

EARL FERRERS

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 1. There appears a fairly formidable list of Amendments to this Bill from another place, but in fact they are technical Amendments and in no way alter the substance of the Bill. I thought, therefore, it might be to the convenience of your Lordships if I were briefly to explain the purpose of these Amendments by speaking to them all on the first Amendment and then, if your Lordships agree, move that the Amendments be taken en bloc.

My Lords, Amendments Nos. 1 to 29 and 35 and 37 are designed to do two things: first, to change the title "master" to "installation manager"; and secondly, to make it clearer that the powers of the installation manager in connection with order and discipline are restricted solely to matters of safety, health and welfare as specified in Clause 5 of the Bill. The reason for the change in title is that it was considered in another place that "manager" would be more appropriate for the person in charge of safety on board installations engaged in the industrial activity of mineral working. The responsibility and authority given to him in the Bill is unchanged. Under the provisions of Clause 5, as clarified by the Amendments now proposed, the manager will have in relation to his installation general responsibility for matters affecting safety, health or welfare or, where connected with safety, health or welfare, the maintenance of order and discipline. For the discharge of that responsibility he is to exercise authority over all persons in or about the installation, who must obey his orders given in exercise of that authority. If it is necessary in the interests of safety, he may put a person ashore, or confine him prior to putting him ashore, on condition that he gives due notice to the appropriate authority in the United Kingdom. He must not permit the installation to be used in such a way as to endanger its seaworthiness or stability, and he will have power to take special action to meet or avoid an emergency.

Amendments Nos. 30 to 34 and 36 are technical alterations which simply clarify and adjust certain provisions without in any way affecting the intentions of the Bill.

My Lords, these Amendments do not alter the primary objects of the Bill at all. I hope that your Lordships will agree that they are entirely reasonable and are an improvement by way of clarification of the Bill. With the approval of your Lordships, therefore, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 37.

Moved, That this House doth agree with the Commons in the said Amendments.—(Earl Ferrers.)

LORD WINTERBOTTOM

My Lords, there is one point that arises from this series of Amendments on which perhaps the noble Earl might enlighten the House. In our discussions on earlier stages of the Bill there arose the question not only of the master but of his deputy, the fear being that whereas the master might be qualified to perform all these functions it was also necessary for him to have a qualified deputy, should he be removed by accident or for some other reason. Can the noble Earl tell the House whether the installation manager's deputy will have proper qualifications and proper powers?

EARL FERRERS

My Lords, the object is that there should be a manager with adequate powers and that there should be a deputy manager with adequate powers. But I would draw this distinction, that the deputy has no powers while the manager is on board; it is merely in circumstances where, for one reason or another, a manager is removed, that the person so described as a deputy will then fulfil the functions of the manager.

LORD BROWN

My Lords, I wonder whether the noble Earl can reassure me on one point. On Second Reading I raised the question of the skills of seamanship that were to be held by the master, as he was then called, because although the installation is fixed on the sea bed nevertheless it is subject to the hazards of the sea. Indeed, an Amendment which added potentially to the qualifications of the master was accepted by the Government. The change to the name "manager" takes the emphasis away from seamanship. Secondly, I wonder whether the noble Earl can assure me, and perhaps some other interested Members of the House, whether any steps are to be taken under the regulations that the Government are to make, to ensure that some experience of the sea is available when managers are chosen to take control of these installations?

EARL FERRERS

My Lords, the change in the name was made in another place merely because it was thought that the term "installation manager" would be more appropriate. It does not detract at all from the functions of the master (as he was then called) under the Bill. Anyone who is given the job of an installation manager will only be given that job if he has suitable and adequate knowledge of seaworthiness. I think that the main reason why the Amendment was made was possibly because it was considered that "master" had too much of an affiliation with seamanship and not sufficient affiliation with industrial processes. But I think I can assure the noble Lord that his fears are met.

LORD SHACKLETON

My Lords, may I ask the Leader of the House to remind his noble friends that, much as we welcome their replies, they must actually ask the leave of the House to speak twice except on a Committee stage?

LORD SLATER

My Lords, is the noble Earl aware that one is rather pleased that the Government have thought it advisable to delete the word "master" and to put in "manager"? After all, the Bill itself comes under the title of Mineral Workings (Offshore Installations) Bill. It deals with minerals, and we are rather more accustomed inside industry to the managerial set up than the set up under the term "master". I do not know whether the noble Earl can help me on this point, but in view of what he said in regard to discipline I am concerned as to what form of conciliation machinery, if any, operates within this process for which the manager will be responsible?

EARL FERRERS

My Lords, I do not know whether I have the leave of the House, and I apologise for not having requested it before. I am not sure that I would not have preferred it not to have been given. I am afraid I did not understand the noble Lord's question entirely. I think he asked about the form of conciliation machinery; but I did not understand in regard to whom the conciliation was to be.

LORD SLATER

My Lords, I asked about conciliation because of the statement of the noble Earl, to the effect that the manager shall be responsible for discipline. I should like to know, discipline of whom? Is it discipline for the people under his care and supervision? If anything goes wrong, what door is open to the people he has to discipline, and what forms of negotiation may have to take place to settle a dispute?

EARL FERRERS

My Lords, may I have leave to speak again? The answer to the noble Lord's point is, that under this Bill the installation manager is responsible. He has certain duties under Clause 5, which he has to undertake. Those duties are with regard to safety, health and welfare. Only if those specific areas of his responsibilities are affected by questions of discipline will he have the right to such discipline as is necessary to ensure that his responsibilities are carried out.

On Question, Motion agreed to.