§ Lord Kennetasked Her Majesty's Government:
What they consider to be "hazardous or noxious" cargoes and what has been, in each of the last 10 years, the number of shipments to and from ports of nuclear, oily, noxious, toxic, or otherwise hazardous materials including waste and spent fuel.
§ Lord Brabazon of Tara"Hazardous" cargoes are generally considered to be those coming within the definition of "dangerous goods" under the Merchant Shipping (Dangerous Goods) Regulations 1981, plus a few substances which are considered hazardous only when carried in solid bulk form (e.g., coal).
"Noxious" cargoes are those defined as such in the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL). These are, therefore, "polluting" substances and many hazardous substances also fall within this definition.
There are no complete statistics kept to give the exact quantities of such substances that are shipped into and out of United Kingdom ports. It is possible by contacting shippers or via HM Customs and Excise to arrive at estimates but this is a costly and time consuming task. Certainly millions of tonnes of hazardous cargo moves through United Kingdom ports annually, but there is little movement of waste and spent oil as cargo. Nuclear cargo above a certain level of radioactivity must be notified to the Department of Transport directly, but full details of all radioactive cargoes carried are not recorded.
§ Lord Kennetasked Her Majesty's Government:
How many of the shipments of "hazardous or noxious" cargoes were carried in containers, ordinary merchant ships, specialised vessels and passenger vessels (including ferries); and in how many cases were these homogeneous cargoes, mixed bulk cargoes or parcels.
§ Lord Brabazon of TaraMillions of tonnes of hazardous and noxious liquid cargoes move annually in dedicated oil tankers, chemical tankers and liquefied gas carriers. Hazardous cargoes in solid bulk form are carried in lesser quantities. Most other merchant ship types, e.g. container ships, ro-ro ships and other specialised vessels, may be carrying at any one time some part of their cargo as hazardous goods in packaged form.
The carriage of hazardous cargoes in passenger vessels is directly regulated by the Merchant Shipping (Dangerous Goods) Regulations 1981 and is restricted to the less hazardous products.
§ Lord Kennetasked Her Majesty's Government:
What are the stated reasons for permitting the import and export of hazardous and noxious cargoes.
§ Lord Brabazon of TaraThe import and export of hazardous and noxious cargoes are permitted because of the vital place that fuels and chemicals of all descriptions have in the national economy.
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§ Lord Kennetasked Her Majesty's Government:
Which departments are responsible for the monitoring and recording of "hazardous" shipments and their effects at sea, on land and in the air, and which British authorities have the right to be informed in advance or on inquiry, of the precise nature, quantities, and composition of these cargoes and the risks involved.
§ Lord Brabazon of TaraThe Department of Transport is responsible for the regulatory provisions concerning the safe transport of hazardous shipments and their effects at sea and on land. The Civil Aviation Authority is responsible for the equivalent subject in the air.
The Department of Transport has to be notified in advance of movements by all modes of transport of nuclear materials above a certain level of radioactivity. The Merchant Shipping (Dangerous Goods) Regulations 1981 require shippers to inform the shipowner or master of a ship in advance of the nature and quantity of hazardous cargo to be carried. The Merchant Shipping (Tankers) (EEC Requirements) Regulations 1981 require the master of a tanker carrying oil, chemicals or liquefied gas in bulk to inform the harbour master in advance of entering any harbour of the quantity and nature of his cargo and other information concerning details of the ship, its equipment and condition. The by-laws of most ports and harbours require any vessel entering their jurisdiction to report in advance the nature and quantity of all hazardous cargo aboard.
For air transport, the International Civil Aviation Organisation Technical Instructions for the Safe Transport of Dangerous Goods by Air require the operator to inform the Civil Aviation Authority in advance of certain high risk cargoes such as explosives intended for carriage aboard an aircraft. The captain of any aircraft must be informed in advance of the nature and quantity of all dangerous goods intended for carriage as cargo.
The composition and risks of the substances involved will be apparent from the classification and technical name required in the notification.
Movements of non-radioactive dangerous goods on land are not required to be monitored or notified in advance.
§ Lord Kennetasked Her Majesty's Government:
What are the implications for clean-up, compensation, etc. of a "hybrid" incident at sea, involving the possible release of all or some of the following: persistent oil, non-persistent oil, hazardous or noxious or explosive or cryogenic or radioactive material.
§ Lord Brabazon of TaraA "hybrid" pollution incident at sea involving the release of a variety of materials would be a complex operation. The Marine Pollution Control Unit, in the Department of Transport, would take the lead in such an operation using its own resources, monitoring any commercial salvage involvement and co-ordinating the advice and activities of other government departments and 1209WA related commercial interests, as was necessary. When such materials reached the beaches the Marine Pollution Control Unit would additionally co-ordinate the beach-cleaning operations of local authorities.
To the extent that clean-up costs in such an incident could be identified as to source, specific compensation regimes exist in respect of persistent oils carried in bulk as cargo and radioactive materials carried at sea. For other substances no such regimes apply other than recourse for recompense through common law.
§ Lord Kennetasked Her Majesty's Government:
How shipments of nuclear, oily, noxious, toxic or otherwise hazardous cargo are regulated under international and domestic law, and how these regulations are enforced at sea, in port, and on land.
§ Lord Brabazon of TaraThe shipment of nuclear, oily, noxious, toxic or otherwise hazardous cargo by sea is regulated internationally by the International Convention for the Safety of Life at Sea 1974 (SOLAS) and the related International Maritime Dangerous Goods Code, the International Convention for the Prevention of Pollution from Ships 1978–79 (MARPOL) and the International Atomic Energy Agency Regulations. The international instruments are reflected in domestic law in the Merchant Shipping (Dangerous Goods) Regulations 1981 and in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983, which apply to United Kingdom ships wherever they are and to any foreign ship when1210WA in a United Kingdom port. These regulations are enforced by the Department of Transport.
In port, current harbour by-laws are made under powers derived from the Explosives Act 1875, the Petroleum (Consolidation) Act 1928 and private legislation such as the Port of London Act 1968. The Government expect to make new regulations under the Health and Safety at Work etc. Act 1974 next year to control the carriage, loading and unloading of dangerous substances in harbour areas. These regulations will be enforced by harbour authorities and the Health and Safety Executive.
On land, the Government are making a series of comprehensive regulations under the Health and Safety at Work Act to control the carriage of nonradioactive dangerous substances by road. These regulations will be enforced by the Health and Safety Executive. Carriage of dangerous substances by rail is subject to conditions of acceptance for carriage by the British Railways Board.
§ Lord Kennetasked Her Majesty's Government:
How many ships moored in British waters are storing dangerous, hazardous or noxious materials, where they are, the identities and nationalities of their owners and how many of their owners have gone out of business leaving ships effectively ownerless.
§ Lord Brabazon of TaraThis information is not available.