HL Deb 01 April 1980 vol 407 cc1333-4WA
Lord KENNET

asked Her Majesty's Government:

Whether they have agreed in principle that the Convention now being negotiated in IMCO to widen shipowners' and shippers' liability for damage caused to third parties by hazardous cargoes (including chemicals and the liquefied gases) should cover only bulk cargoes, thus excluding cargoes in package form (such as that of the "Aeolian Sky"); and on whom, in the event of incidents involving hazardous cargoes, they expect those costs to fall which are in excess of those for which the shipowner or shipper is to be liable, (a) when these latter are identifiable and (b) when they are not.

Lord TREFGARNE

In discussions in the draft Convention on Liability and Compensation in connection with the carriage of hazardous and noxious substances by sea, in the Legal Committee of the Intergovernmental Maritime Consultative Organisation (IMCO), the final decision whether the Convention should cover bulk cargoes only, or in addition packaged substances, has not yet been taken. The Legal Committee will however have to take account of advice from its technical experts that there would be considerable problems associated with the inclusion of all packaged substances. A final decision is also outstanding on the liability regime and limits. The Convention will not provide for costs over and above those for which the shipowner or shipper may be liable; the position in this respect remains as at present. The Convention will not change the present position whereby no claim can be directed against an unidentifiable party.

Lord KENNET

asked Her Majesty's Government:

Which of the following parties the Department of Trade, as lead department in these negotiations in IMCO, has consulted in preparing its position: the port authorities, the local authority associations, the Health and Safety Executive, the insurance industry, the P and I Clubs, the tourist industry, the shipping industry, the fishing industry; and what is the composition of the British negotiating team.

Lord TREFGARNE

As lead department for the discussions in the Intergovernmental Maritime Consultative Organisation (IMCO) of the question of liability and compensation in connection with the carriage of hazardous and noxious substances by sea the Department of Trade has received views, either directly or through other departments as appropriate, from many interested organisations. With the exception of the tourist industry, for which the Department of Trade is itself responsible, and the port authorities the department has received comments from representatives of all the parties listed. The views expressed have been taken into account in the formation of overall Government policy, which in accordance with their lead department responsibility is put forward at IMCO by Department of Trade officials, assisted as necessary by advisers on technical matters and by representatives of other departments.