HC Deb 20 April 1998 vol 310 cc415-6W
Maria Eagle

To ask the Secretary of State for the Environment, Transport and the Regions under what statutory or other authority a High Court judge can exercise the power to look into the reasons for the loss of a ship at sea. [38446]

Ms Glenda Jackson

In circumstances where the Secretary of State orders a re-hearing of a Formal Investigation which took place in England or Wales, Section 269(2) of the Merchant Shipping Act 1995 enables him to order that re-hearing to take place in the High Court as an alternative to re-hearing before a Wreck Commissioner.

Maria Eagle

To ask the Secretary of State for the Environment, Transport and the Regions what are the powers of a wreck commissioner and assessors when inquiring into the loss of a ship in respect of(a) ruling on the scope of an inquiry within its terms of reference, (b) deciding whether evidence should be given on oath, who should be called to give evidence and whether the civil or criminal rules of evidence should apply, (c) awarding of witness expenses and of costs to or against any party, (d) deciding on the relevance and admissibility of evidence, and (e) reaching a conclusion on the reasons for the loss and making recommendations arising from it; and under what statutory or other authority they exercise these powers. [38441]

Ms Glenda Jackson

The information requested is given.

  1. (a) The questions to be raised at a Formal Investigation are determined by the Attorney-General;
  2. (b) The procedure to be appointed is in general a matter for the discretion of the Wreck Commissioner who may hold a preliminary meeting to give directions as to procedure. Witnesses are called initially on behalf of the Attorney-General and then by the other parties.
  3. (c) Costs of the investigation and of the parties, and the question by whom such costs are to be paid are in the discretion of the Wreck Commissioner.
  4. (d) Relevance and admissibility of evidence are matters for the Commissioner, although affidavits, statutory declarations and other written evidence are admissible unless the Commissioner considers it unjust for such evidence to be admitted.
  5. (e) These are matters for the Wreck Commissioner. The Assessors are required to sign the report with or without reservations or to state in writing their reasons for dissent.

This is a summary of the powers which are exercised under Sections 268–270 of the Merchant Shipping Act 1995, and the Merchant Shipping (Formal Investigation) Rules 1985 as amended (SI 1985 No. 1001 amended by SI 1990 No. 123) to which reference should be made for more detail of the powers and procedures.

Maria Eagle

To ask the Secretary of State for the Environment, Transport and the Regions what are the powers of a High Court judge when inquiring into the loss of a ship; and how they differ from those of a wreck commissioner and assessors in respect of(a) ruling on the scope of an inquiry within its terms of reference; (b) deciding who should be called to give evidence, whether evidence should be given on oath, and whether civil or criminal rules of evidence should apply, (c) awarding of witness expenses and costs to or against any party, (d) deciding on the relevance and admissibility of evidence and (e) reaching a conclusion on the reasons for the loss and making recommendation arising from it. [38440]

Ms Glenda Jackson

Where a re-hearing has been Ordered to take place in the High Court the matter is assigned to the Queen's Bench Division, Admiralty Court and the Judge exercises wide powers of that Court set out in Orders 55,57 and 77 of the Rules of the Supreme Court as to the issues identified by my hon. Friend. The powers of a Wreck Commissioner are the subject of my answer today to a separate question from my hon. Friend.