§ Lord Kennetasked Her Majesty's Government:
What is standing in the way of the full application of port state jurisdiction over service vessels operating from British ports to British licensed installations on the United Kingdom continental shelf, or, alternatively, of their requiring licensee companies operating on the United Kingdom continental shelf to undertake that service vessels contracted to them will accept full British jurisdiction during the life of the contract, and what is the practice concerning foreign flag service vessels in Norway, in the USA, in Canada and in Australia.
§ Lord TrefgarneIt is a clear principle of international law that, save in exceptional cases, a ship on the high seas is subject to the exclusive jurisdiction of the flag state. Flag states are under an obligation to take effective measures to ensure safety at sea, with regard,inter alia, to the prevention of collisions; manning and labour conditions; and construction, equipment and seaworthiness.
Foreign supply boats operating from United Kingdom ports to installations on the United Kingdom's continental shelf subject themselves to United Kingdom jurisdiction while in United Kingdom ports in the same fashion as other foreign vessels, and we seek to exercise that jurisdiction in a manner appropriate to the context. Foreign ships may also subject themselves to United Kingdom law in certain respects by 973WA virtue of being engaged in operations for the exploration and exploitation of the United Kingdom's continental shelf; in this connection the noble Lord's attention is drawn to the Submarine Pipelines (Diving Operations) Regulations 1976, the Health and Safety at Work Act 1974 (Application outside Great Britain) Order 1977, and the Employment Protection (Offshore Employment) Order 1976 as amended.
Neither the rules of international law regarding jurisdiction over vessels nor the provisions of the applicable United Kingdom legislation are capable of being overriden by contract. If the noble Lord would care to write to me indicating the specific aspect of foreign practice concerning non-national supply boats he has in mind, I will endeavour to provide the information.