MV Derbyshire (Hansard, 8 November 2000)

§ Mr. Prescott

On 17 December 1998 I ordered that the Formal Investigation into the loss of the MV Derbyshire be re-opened in the High Court. Today the Honourable Mr. Justice Colman has published his report following a reading of his executive summary at the Royal Courts of Justice, London. The Court sat for a total of 54 days from the 5 April 2000 and concluded its oral hearings on the 26 July. I am grateful to Mr. Justice Colman for presiding over the hearings in the way he did and for producing such a comprehensive and conclusive report.

My gratitude also extends to all those who contributed to the underwater survey of the wreck, the subsequent analysis of the survey material, the related research and the Court hearings. I particularly applaud the fortitude of the relatives and friends of those who died with the vessel. The demands of the investigation will have been difficult for many.

Copies of Mr. Justice Colman's report have been placed in the Library of the House.

Mr. Justice Colman finds that the ship sank through progressive collapse of the main hatch covers following significant flooding of some bow spaces through broken ventilators and air pipes located on the foredeck as a result of prolonged exposure to the sea states generated by Typhoon Orchid. He concludes that the officers and crew of the vessel were in no way to blame for the vessel's loss and specifically rejects any suggestion that the bosun's stores hatch on the foredeck was left unsecured by the crew.

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The report concludes that the exposure to risk of bulk carriers of the size of the Derbyshire whose hatch covers do no more than comply with the International Load Line Convention of 1966 poses an unacceptable risk to the safety of those vessels and their crews. Further, Mr. Justice Colman wishes to consider the results of a series of model tests relating to hatch cover strength initiated during the closing states of his investigation's oral hearings and may issue an Addendum to his report, if necessary.

While Mr. Justice Colman is critical of the construction of the vessel at frame 65 he concludes that this did not contribute to the actual loss of the vessel and presented a very low additional safety risk to those on board.

Mr. Justice Colman makes a total of 24 recommendations to enhance bulk carrier safety and safety generally. These are addressed, to the Department, Lloyds Register of Shipping, the International Association of Classification Societies and the International Maritime Organisation (IMO). In consultation with the others to whom recommendations are addressed the Department will prepare a response to each of the recommendations. This response will be presented to Parliament. In this respect the Department will give urgent consideration, in particular, to the recommendations that the IMO should revise the relevant provisions of the International Load Line Convention 1966 and that any enhanced requirements concerning hatch cover strength should also apply to existing ships.

I hope that Mr. Justice Colman's report will finally provide the answers to the many questions surrounding the sinking of the MV Derbyshire in September 1980. I have every reason to believe that the work that has been done will enhance future bulk carrier safety. Though nothing can compensate them for their loss, I trust that this will provide some comfort to the relatives and friends of the 44 people who so tragically lost their lives with the ship.