HL Deb 22 November 1982 vol 436 cc776-82

6.57 p.m.

Lord Lyell rose to move, That the draft regulations laid before the House on 19th October be approved. The noble Lord said: My Lords, the background to these regulations and the origin of their main provisions is the International Convention on the Training, Certification and Watchkeeping for Seafarers. This convention was the main result of an international conference of the International Maritime Organisation which met in London in the summer of 1978.

The human factor we rightly regard as an essential ingredient of maritime safety and the avoidance of one terrible scourge; namely, marine pollution. This convention represents a vital element in the framework of international instruments which are directed towards the improvement of safety and the prevention of pollution. It provides for the first time internationally agreed basic principles for safe watchkeeping on ships and mandatory minimum standards for the competence of ships' officers in terms of their training and qualifications. While the primary responsibility for the enforcement of the convention requirements rests with flag states, there is provision for port states to check that the standards are being observed, for deficiencies to be reported to the flag state and for detention of ships where deficiencies are found.

In the interests of safer ships and cleaner oceans the early entry into force of this convention is highly desirable. The conditions for entry into force are met when at least 25 states representing at least 50 per cent. of the gross tonnage of the world's merchant fleet have ratified. Twenty-three states, including the United Kingdom, have already ratified and the tonnage threshold has already been reached. Entry into force will follow 12 months after the 25th ratification. It may therefore be expected to take place late in 1983 or early in 1984.

The main requirements of the convention for the training and qualifications of deck and engineer officers on seagoing merchant ships have already been anticipated in this country by the introduction of the new certificate structures which came into force on 1st September 1981 under the Merchant Shipping (Certification of Deck Officers) Regulations 1980 and the Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1980.

The present regulations which are to be made under the powers in Sections 43 and 50 of the Merchant Shipping Act 1970 and also under Sections 21 and 22 of the Merchant Shipping Act 1979 give effect to part of our obligations under the convention. They require the approval of each House of Parliament in accordance with Section 49(3) of the Merchant Shipping Act 1979 because certain regulations apply to foreign as well as to United Kingdom ships in United Kingdom ports, and because the convention was not laid before Parliament until after the passing of the 1979 Act. Their main purpose is to implement convention requirements for safe watchkeeping at sea and in port, and to enable the inspection and control procedures provided for in the convention to be enforced. Provision is also made for the issue of certificates of service in accordance with the convention. The statutory requirements for consultation on the regulations have been followed and various minor changes incorporated in response to representations from the shipping industry. I hope your Lordships will bear with me if I indicate briefly the purpose and content of each regulation.

Regulation 1 provides that all the regulations, with the exception of Regulation 9, shall come into force with the convention. I will explain in due course the reasons for earlier entry into force of Regulation 9, which concerns the issue of certificates of service. Regulation 2 contains definitions which largely follow normal practice, but I should mention the modification of the Merchant Shipping Act 1970 which would be brought about by Regulation 2(2). This amendment is intended to ensure that the application of the regulations to foreign ships in United Kingdom ports or waters, as provided for in Regulation 3, is effective for all foreign ships and not just for foreign ships carrying passengers from or between places in the United Kingdom. Regulation 3 follows Articles III and X(1) of the convention in limiting the application of the regulations to seagoing merchant ships.

Regulation 4 emphasises the master's responsibility for overall command of the ship and for laying down particularly the requirements relating to navigational watches specified in Schedule 1. The international conference of 1978 which adopted the convention also adopted various resolutions amplifying certain aspects of convention requirements. These resolutions, unlike the convention, have advisory status and are not therefore appropriate for a statutory instrument. Resolution 1 contains the "operational guidance" referred to in this regulation and it is intended to promulgate the substance of the resolution in a Merchant Shipping Notice.

Regulation 5 and with it Schedule 2 specify the responsibilities of chief engineer officers for the supervision and organisation of safe watchkeeping in machinery spaces on board ship. The operational guidance referred to in the regulation likewise reflects a conference resolution and will be issued in the form of an M Notice; a Merchant Shipping Notice. Regulation 6 states the overall responsibility of the master for safe watchkeeping in all departments when a ship is in port. The "operational guidance" relating to the deck side has been issued as M Notice 1016 (a copy of which I have should any noble Lord require further guidance), which incorporates the substance of conference Resolution 3. A corresponding M Notice dealing with the engine department and incorporating the substance of Resolution 4 is in preparation. Sub-paragraph (2) of this regulation has been introduced in response to concern by the shipping industry that convention requirements for watchkeeping in port were unduly onerous and impracticable in relation to many small coastal and harbour craft. The effect of the sub-paragraph is to exempt the majority of small vessels operating within specified areas, including passenger vessels, tugs, dredgers, harbour craft and the like from the requirements, as they have been exempted from the certification regulations. Details of the exemptions have been published in Merchant Shipping Notice M979.

Regulation 7 defines the responsibilities of masters for the operation of additional safety precautions on ships in port which carry dangerous cargoes either in bulk or otherwise. The operational guidance will be given in the M Notices foreshadowed in Regulation 6. Regulation 8 lays on the employer of the master the duty of ensuring that a ship carries sufficient qualified officers to perform the watchkeeping tasks of the regulations, and "qualified" is defined as an officer holding either a valid certificate of competency, a certificate of service or an exemption which in practice means a dispensation.

Regulation 9 provides for the issue of certificates of service which is allowed for in the convention in the case of officers who have not less than three years' service in capacity in the seven years preceding entry into force of the convention. The convention was not intended to deprive of their employment officers who have proved themselves competent by experience but who lack the formal qualifications required by the convention. Certificates of service are the approved means of allowing officers qualified by experience to continue to serve in their existing employment. The issue of certificates of service will avoid the need for short-term dispensations, the use of which is frowned on in the convention. The existing powers for the issue of certificates of service do not cover all the categories of officers for whom such certificates may be appropriate. The new powers will remedy this little deficiency. The process of issuing certificates of service is a lengthy one and it is desirable that the officers eligible should be in possession of them by the date the convention enters into force. It is therefore proposed that this regulation, unlike the others before us tonight, should apply from 1st January 1983.

The Joint Committee on Statutory Instrument has considered the Instrument and asked for a memorandum clarifying various points in the regulations. It drew the attention of your Lordships' House to a particular point which related to Regulation 9(3). The joint committee was concerned about the degree of discretion allowed to the Secretary of State to refuse a certificate of service to an applicant otherwise qualified in all relevant respects. The department accept that in such circumstances, which are likely to arise only rarely, an applicant should have the right to make representations to the Secretary of State, and we have no objection to an explicit statutory provision for that purpose. I can therefore confirm the undertaking given in another place by my honourable friend the Under-Secretary of State that an appropriate amendment will be made to this and other sets of regulations at the first opportunity.

Regulations 10, 11 and 12 enact the convention procedures for enforcement of certification and watchkeeping standards on all ships in United Kingdom ports. These paragraphs, which parallel those for enforcement of other international safety conventions, are important to ensuring that the new and higher standards of the convention are applied worldwide. In this respect they will reinforce the department's existing powers to give effect to United Kingdom commitments under the Paris Memorandum of Understanding on port state control, which is intended to provide for the harmonised and co-ordinated enforcement of this and other international maritime conventions by the 14 West European signatory states.

I hope that my remarks will have served to indicate that these regulations are a necessary and important part of the action required to prepare for the entry into force of this significant convention, which represents a major advance in raising the standards of safety at sea. I therefore commend them to the House.

Moved, That the draft regulations laid before the House on 19th October be approved.—(Lord Lyell).

7.9 p.m.

Lord Ponsonby of Shulbrede

My Lords, may I thank the noble Lord, Lord Lyell, for explaining these very complex regulations in such a lucid way. As the noble Lord has said, these regulations have been considered by the Joint Committee on Statutory Instruments, which decided to draw the special attention of both Houses to the above instrument on the ground that it makes unexpected use of the powers conferred by statute under which it is made. Of course, in making that observation—in fact, the report of the joint committee is slightly complex to read—the committee was specifically referring to the situation in which there is to be an effective rubber stamp of the qualifications of those who have served in particular areas in which they operate for a long period. I shall be glad if the noble Lord would confirm that this is a once-and-for-all application of those principles.

The noble Lord went through the regulations in detail. One wonders in looking at Regulation 6, for example, when a ship is in port and the master is absent for a period of time. One assumes that there will be specific authority designated to somebody else on board the ship in the absence of the master to see that the arrangements indicated there are adhered to. If one looks at Schedule 2, paragraph 4, "Fitness for duty", one will see that there is a particular requirement that: Duties shall be so organised by the chief engineer officer that the first watch at the commencement of a voyage and the subsequent relieving watches are sufficiently rested and otherwise fit for duty". Therefore, there will have to be an officer of responsibility when the ship is in port to ensure that duties are being performed by those who are not impaired by fatigue, as this particular paragraph makes clear. No doubt the noble Lord will be able to assure your Lordships on this matter as well.

I think the important thing about these regulations really is when in fact they will come into force. As the noble Lord pointed out, the convention was ratified by Her Majesty's Government on 28th November 1980, and now requires but two further acceptances before commencement of the 12 months' waiting time for entry into force. The noble Lord indicated that he hoped, bearing in mind the 12-month waiting period, that these regulations will in fact come into force during the latter part of 1983 or early 1984. This would mean that the convention will have to be ratified by two more counties during the next six weeks or so to bring us up to the 25 signatories to the convention required before it can come into force. That is a very short period of time for the noble Lord's projection of it coming into force in 1983 to be fulfilled. I wonder whether the noble Lord could inform your Lordships as to any suppositions he may care to make as to which two countries are likely to ratify who have not ratified the convention. I believe that Panama, for one, a fairly large owner of shipping, has not yet ratified. I wonder whether the noble Lord could tell your Lordships of any information he may be able to give in this particular respect. With those comments, we support the laying of these particular regulations.

Lord Lyell

My Lords, I am sure your Lordships' House will be very grateful to the noble Lord, Lord Ponsonby, for his customary detailed scrutiny of the regulations which are before your Lordships this evening. Anyone who studies these regulations will find that they are complex. They are also interesting, but I think probably we may discuss the more fascinating details in another place, perhaps over the teacups, but not in your Lordships' House at this hour of the evening.

The noble Lord, Lord Ponsonby, asked me a number of questions. He asked about the overall responsibility for the safety of a ship in port. At all times the master has overall responsibility for the safety of his ship. If the master for any reason is absent from the ship, or if he is resting, it is his overall responsibility to see that adequate arrangements are made for the safety of the ship, and indeed of the port in case of hazardous cargoes in bulk or otherwise; that at all times the ship is safe and the safety of the port is also ensured in so far as his own ship is concerned.

The noble Lord also drew your Lordships' attention to Schedule 2, paragraph 4. It is interesting that the noble Lord has drawn attention to the fitness for duty. I am afraid I am not able to give the noble Lord or the House special references to Schedule 2, since if the noble Lord cares to glance at page 10, he will see at the top it says "Principles of Watchkeeping Arrangements for Engine Room Watch". I do not have what I may perhaps call the code of exactly what an engineer officer should do, but certainly the details are laid out in paragraph 4. I think the noble Lord and the House will be interested to see in the second sentence of paragraph 2, the precise way in which the regulations are to be carried out: Duties shall be so organised [by the chief engineer officer] that the first watch at the commencement of a voyage and the subsequent relieving watches are sufficiently rested and otherwise fit for duty". So it is there the chief engineer officer who has to set out his watchkeeping roster and see that all the other officers on the watch, in this particular aspect, are fit for their duties. I have no reason to think that their fitness will be anything different from that concerning other duties.

If I may digress I have an M notice, M756. This is a notice to shipping companies and others who have an interest in such matters, and it refers to keeping a safe navigational watch. I have no doubt that the same basic principles would apply to watch in the engine room spaces or mechanical spaces. In M756 there are most interesting details, including appendices, and also watch arrangements and fitness for duty. The fitness for duty paragraph in M756—and this refers to navigational officers—is broadly the same as in Schedule 2, paragraph 4. M756 goes on to give operational guidance for officers in charge of a navigational watch. Paragraph 8 in the operational guidance refers to taking over a watch and it states: The officer of the watch should not hand over the watch to the relieving officer if he"— that is, the officer handing over— has any reason to believe that the relieving officer is apparently under any disability which would preclude him from carrying out his duties effectively. If in doubt the officer of the watch should inform the master accordingly. Paragraph 9 states: The relieving officer should not take over the watch until his vision is fully adjusted to the light conditions and he has personally satisfied himself . . . regarding about 10 particular points.

I hope the noble Lord, Lord Ponsonby, will see that this little digression into M756, as far as navigational watch is concerned, is amplified and carried out by similar merchant shipping notices in respect of engineer officers, and that the parameters which a relieving officer should look for, and indeed the handing over officer should agree, are fairly specifically laid down. We believe that these parameters do lead to the considerable reputation that the British shipping industry possesses and deserves for safety both in port and at sea as far as the navigational safety of the ship is concerned, and indeed as far as the mechanical safety of the ship is concerned.

The noble Lord asked one more question. He was quite right to point out that 23 states have ratified the convention. He was also very precise in pointing out that the United Kingdom had ratified—I believe he mentioned 23rd November 1980. May I tell the noble Lord and the House that the most recent signatories to the convention are Argentina and Tanzania. I understand that they recently accepted the convention—a matter of weeks ago rather than months. Therefore, we have hopes that two other major states will accept the convention and, indeed, ratify it before the end of this year or early next year. I hope that the final coming into force of the convention will not be far out from the date I suggested in my remarks; that is, early 1984.

I confirm to the noble Lord, Lord Ponsonby of Shulbrede, that Liberia is among the 23 nations, but Panama is not. I hope that my honourable friend in another place will forgive me for saying that, because he was asked in another place whether Liberia and Panama had ratified and he indicated that both had. I understand that only Liberia has done so and we are still waiting on Panama. We shall have to wait and see whether it is the next state to ratify or not. I hope that I have covered the regulations, in not too much detail, but if your Lordships are happy with them I beg to commend them to your Lordships' House.

On Question, Motion agreed to.