§ Lord Kennetasked Her Majesty's Government:
Whether the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (which is not in force) does or does not provide for compensation to fishermen who are unable to fish by reason of the release at sea of hazardous and noxious substances; and
Whether the Protocol of 1996 to Amend the Convention on Limitation on Liability for Maritime Claims 1976 (which is not yet in force) does or does not provide for compensation to fishermen who are unable to fish by reason of the release at sea of hazardous and noxious substances; and
What are the implications, and for whom, of the exceptions referred to under Article 1.6(d) and 82WA Article4.3(a) and (b) of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (which is not yet in force); and
Why Article 3 of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (which is not yet in force) does not cover, apparently, damage on the seabed beyond 200 nautical miles from the baselines from which the [breadth] of its territorial sea is measured; and
Whether Article 4 of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (which is not yet in force) would permit states to operate a non-commercial dumping service involving the dumping at sea of hazardous and noxious substances; and
What are the implications for a party which has been subjected to damage under Article 12.8 of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea Act 1996.
§ The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman)The aim of the Hazardous and Noxious Substances (HNS) Convention is to provide adequate, prompt and effective compensation for loss or damage arising from the carriage by sea of hazardous and noxious substances. The UK was the first signatory to the convention. We are working with other states to co-ordinate ratification of the convention, with the aim of achieving its early entry into force and global application.
Fishermen would be eligible to claim for compensation under the HNS Convention if the release of hazardous and noxious substances were to prevent them from fishing.
The HNS Convention covers damage caused by a wide range of dangerous and polluting cargoes. It does not, however, duplicate the cover provided by existing international conventions (pollution damage caused by persistent oil carried in tankers and damage caused by radioactive materials).
The HNS Convention extends many of the provisions of the existing international liability and compensation regime for oil pollution from tankers to hazardous and noxious substances, particularly as regards geographical scope.
The HNS Convention deals solely with liability and compensation matters. Rules on dumping at sea are 83WA contained in the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and its 1996 Protocol.
Article 12(8) of the NHS Convention would allow compensation claims to be brought directly against insurers or other parties providing financial security for a shipowner. It also restricts the defences that such parties may invoke.
The 1996 Protocol to amend the 1976 Convention on Limitation of Liability for Maritime Claims would increase the limit of shipowners' liability for certain claims arising from the operation of their vessels. The UK was the first signatory to the Protocol. The Protocol would not, in itself, provide compensation to fishermen. It could, however, increase the compensation available for claims subject to limitation under the 1976 Convention.