Sea Pollution (Hansard, 7 March 1989)

§ Mr. Nicholas Bennett
To ask the Secretary of State for Transport how many foreign-owned vessels polluted United Kingdom territorial waters in each year since 1974; on how many occasions in each year the relevant flag administrations were asked to consider prosecutions and on how many occasions in each year were prosecutions instigated by the relevant flag administrations.

§ Mr. Tony Banks
To ask the Secretary of State for Transport if he will list the occasions since 1979 when his Department has made representations to the maritime transport authority of a foreign state concerning alleged infringement of international or pollution conventions by a ship registered in that state while at sea in waters under United Kingdom surveillance and jurisdiction.

§ Mr. Portillo
The number of reported oil slicks in United Kingdom territorial waters in which foreign owned vessels were the possible source are as follows:

Numbers

1985 2

1986 1

1987 1

1988 5

The figure for 1988 reflects the extension of United Kingdom territorial limits from three to 12 miles. Figures prior to 1985 are not readily available.
Four of the reported incidents have been referred to the competent authorities in the relevant flag states for investigation—one in 1986 and three in 1988—but to date we have not been advised of any prosecutions that may have been instigated. Oil sample evidence in another case is still being analysed, prior to referral. In the remaining four incidents the evidence did not justify asking the flag states to investigate further.

§ Mr. Nicholas Bennett
To ask the Secretary of State for Transport if he will bring forward legislative proposals to enable legal action to be taken against the owners of foreign vessels which cause pollution within United Kingdom territorial waters in the British courts if no action is undertaken by the relevant flag administration.

§ Mr. Portillo
No, the concept would be contrary to the fundamental principles of United Kingdom criminal law and not practically possible. However, I am satisfied that the recovery of clean-up costs from the polluter represents a significant sanction.

§ Mr. Tony Banks
To ask the Secretary of State for Transport what steps have been taken by his Department in respect of paragraph XVI, 29 of the ministerial declaration of the second international conference on the protection of the North sea.

§ Mr. Portillo
Nationally, procedures have been strengthened to ensure that all reports received by my Department of suspected operational violations of pollution regulations are transmitted to parties to the memorandum of understanding (MOU) on port state control to ensure that ships alleged to have committed an offence are inspected when they call at an MOU port. At United Kingdom ports, a full inspection of suspected offenders is carried out in accordance with port state control procedures.
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Internationally, contracting parties to the Bonn agreement, who are responsible for receiving reports of oil pollution, are liaising with parties to the MOU on port state control to ensure that there is close co-operation between their respective activities, that all ships suspected of an operational violation are rigorously inspected, and that where the circumstances warrant it, evidence is collected in accordance with procedures recommended by the International Maritime Organisation.

§ Mr. Tony Banks
To ask the Secretary of State for Transport how his Department will be represented at the meeting in May 1989 of parties to the memorandum of understanding on port state control.

§ Mr. Portillo
My Department will be represented at the meeting of the port state control committee by an official from the marine directorate.

§ Mr. Tony Banks
To ask the Secretary of State for Transport if he will identify the constraints preventing his Department from initiating a prosecution for an oil pollution offence against the master of a foreign-flagged vessel in his capacity as an agent of the vessel's owner.

§ Mr. Portillo
The master of a ship does not act as an agent for the vessel's owner. Under criminal law, service of a summons on the master does not serve summons on the owner. Prosecution of the master can only be in his capacity as master; he cannot be made a surrogate of the owner.

§ Mr. Tony Banks
To ask the Secretary of State for Transport how many detections and prosecutions of operational violations under the Marsol 73/78 convention have taken place.

§ Mr. Portillo
I refer the hon. Member to the final paragraph of my answer to him of 10 January at column625.