"Sea Empress" Inquiry (Hansard, 27 November 1996)

§ The Parliamentary Under-Secretary of State, Department of Transport (Viscount Goschen)
My Lords, the principal phase of the investigation is now complete. The MAIB will be consulting soon any person 264 who is likely to be adversely affected by the draft report, as is required by the regulations. The Chief Inspector has advised that he is on target to submit his final report to the Secretary of State in February. In addition, interim recommendations have been made and published.

§ Lord Dean of Beswick
My Lords, I am grateful to the Minister for his reply. I do not believe that today the report can be questioned because it is not yet complete. Is it not a fact that for a number of years the south and south-east coast of England, the northern coast of Scotland, the Shetland Islands and now the South Wales coast have endured massive oil spills as a result of accidents that have done enormous damage to those areas and the seas bounding them? Further, is it not a fact that when investigated most of these so-called accidents are proved to have resulted from neglect of those in command of vessels having entered areas that perhaps they should not have entered? Irrespective of the date when the report is completed, can the Minister guarantee that where such negligence takes place the full cost of any remedial treatment is borne by the culprits involved?

§ Viscount Goschen
My Lords, I certainly believe that often human factors are to blame for serious accidents that have occurred. We will take the final recommendations of the Marine Accident Investigation Branch very seriously indeed. But it is worth noting that the whole area of maritime safety has moved forward considerably since the publication of the report Safer Ships, Cleaner Seas by the noble and learned Lord, Lord Donaldson, and that the vast majority of those recommendations have been accepted by the Government.

§ Lord Prys-Davies
My Lords, it is my understanding that the inquiry has recommended that all in bound vessels under pilotage for Milford Haven shall take a preferred route. Can the Minister inform the House whether or not that recommendation has been agreed with the Milford Haven pilots who, after all, have immense knowledge of local tidal conditions in the entrance to the Haven?

§ Viscount Goschen
My Lords, clearly the pilotage issues are of considerable consequence. An interim recommendation relating to pilotage was made by the Marine Accident Investigation Branch and addressed to Milford Haven Port Authority on 20th September. The port authority issued a press notice which stated that it would initiate discussions with pilots and shipowners about the proposed change to the approach arrangements.

§ Lord Prys-Davies
My Lords, am I correct to conclude from the Minster's answer that the recommendation has not been agreed with Milford Haven pilots?

§ Viscount Goschen
My Lords, the noble Lord should conclude exactly what I have said. This is a complex recommendation contained in a detailed document issued by the Marine Accident Investigation Branch. It is not a simple matter. We welcome additional information provided by the pilots themselves and consultation with them. It is important that we get the matter right in the first instance, and that is what is being attempted.

§ Lord Clinton-Davis
My Lords, does the Minister continue to set his face against reconvening the Donaldson Committee to consider the wider implications following the "Sea Empress" incident than would be within the remit of the Marine Accident Investigation Branch? Is he aware that the noble and learned Lord accedes to the suggestion that I have just made and believes that it is desirable so that the issue can be looked at in a much broader way than is currently happening?

§ Viscount Goschen
My Lords, we have discussed this in detail before. The position has not changed since then. It is only a short time since the noble and learned Lord completed his inquiry and published his report. The Government have accepted some 91 out of 103 recommendations. That report has received widespread international agreement. The Government have said that they will look very carefully at the final recommendations of the Marine Accident Investigation Branch and the recommendations of the report of the noble and learned Lord and consider whether further examination is justified.

§ Lord Dean of Beswick
My Lords, bearing in mind that when such incidents occur either minor or massive spoilation of the coastline occurs, very often the local authorities and people of the area face the job of carrying out remedial treatment. Is there any criterion by which the Government can provide help quickly with the very heavy cost that falls on local authorities or the people in the area as a result of an incident for which they are not remotely to blame?

§ Viscount Goschen
My Lords, the marine pollution control unit of the Coastguard Agency maintains stockpiles of equipment to deal quickly with oil spillages at sea. Indeed, there are contracts under way with a company to provide airborne spray of dispersants into the sea. In addition, there is an agreed international compensation scheme, the International Oil Pollution Compensation Fund, under which clean-up costs can be reclaimed.

§ Lord Dean of Beswick
My Lords, I am referring to the possibility of resources being made available to remedy damage to activities such as fishing and other matters on which the people in the area rely for their livelihoods. Is there any medium by which the Government can provide aid immediately to the area, 266 not just to get rid of the oil—that is a separate job—but to reconstitute industries that have been severely damaged?

§ Viscount Goschen
My Lords, yes. Under the International Oil Pollution Compensation Fund fishery claims can be, and indeed have been, made. It is for fishermen to put forward and justify their claims and the fund then processes them. At the moment it is paying out claims at the level of 75 per cent.

§ Lord Dubs
My Lords, have the Government reached a view as to whether double-skinned tankers would be significantly safer and reduce the level of spillage, offset against the higher cost involved in converting tanker fleets?

§ Viscount Goschen
My Lords, this is one of the issues that is being examined by the MAIB inquiry. However, double hulls were looked at by the noble and learned Lord, Lord Donaldson. He concluded that they were not necessarily a panacea and had considerable disadvantages in terms of gas collecting between the hulls, increased risk of corrosion and difficulty of inspection. There are advantages and disadvantages, but the issue is being considered.

§ Lord Clinton-Davis
My Lords, I declare an interest as President of United Kingdom Pilots (Marine). Bearing in mind a Question raised by one of my noble friends a short time ago, can the Minister give an assurance that pilots will be consulted before the carrying out of any tests such as those recommended by the MAIB concerning the use of a large number of tankers to prove the practicability of making an approach to the west channel entrance from the sea along the line of the 022 outer leads? In future will there be clear consultation with the pilots? Pilots came to the conclusion that the ideas advanced then were impracticable and unsafe. With respect, to fail to consult the pilots seems to me to be a serious omission.

§ Viscount Goschen
My Lords, I am not at all sure about the accusation that the noble Lord makes. In answer to a question from one of his noble friends I believe I said that the port authority had already confirmed that there would be consultation with pilots on the interim recommendation.

§ Lord Rochester
My Lords, does the noble Lord agree that local people are deserving of great credit for the way that they cleared up the pollution on the Pembrokeshire coast following the "Sea Empress" disaster?

§ Viscount Goschen
My Lords, yes. There was a massive operation in which some 600 people were involved in the clean up. That was incredibly successful. One has only to visit those beaches now to see how clean they are. I believe that the receipt of a blue flag award is a major achievement in the 267 personal endeavour of the people of that area to bring those beaches back to the condition in which they were before the incident.