§ Nick HarveyTo ask the Secretary of State for Transport if he will make an assessment of the National Audit Office report Dealing with Pollution from Ships published on 12 June; and if he will make a statement. [62548]
§ Mr. JamiesonWhen read in its entirety, the Comptroller and Auditor General's report "Dealing with pollution from ships" is a soundly based, balanced and well rounded report which recognises the very substantial achievements of my Department and its Maritime and Coastguard Agency in minimising the risk of pollution of the marine environment from ships and, where pollution occurs, in minimising the impact of that pollution on UK waters, coastlines and economic interests.
The report has much to say that is positive, while also highlighting areas where it perceives that there is work to be done. I welcome the findings contained in the report, and am considering the best way to address the recommendations.
§ Nick HarveyTo ask the Secretary of State for Transport if he will amend the Merchant Shipping Act 1995 to remove the statutory defence against prosecution it confers upon masters of vessels who take reasonable steps to reduce or stop pollution after their vessels have been damaged. [62547]
§ Mr. JamiesonIn the light of the differences between the defences available under the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996, applying to our Pollution Control Zone, and those available under the Merchant Shipping Act 1995 when offences take place in UK waters inside our baselines, the Department will consider the alignment of the defences that should apply in both areas. This may require subsequent amendment of the Merchant Shipping Act 1995 as the defences within the 1996 Regulations derive from an International Convention.
§ Nick HarveyTo ask the Secretary of State for Transport if he will amend the Merchant Shipping Prevention of Oil Pollution Regulations 1996 to extend their applicability to areas landward of the baseline designating the start of the UK's 12-mile territorial waters. [62546]
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§ Mr. JamiesonThe Comptroller and Auditor General has recommended, in his report "Dealing with pollution from ships", that the Merchant Shipping legislation be revised to ensure that pollution incidents may be prosecuted under the UK's oil pollution regulations, wherever incidents occur within the UK Pollution Control Zone. This recommendation relates to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996, SI 1996/2154.
As the report explains, the 1996 Regulations are concerned with areas seaward from the baseline from which the United Kingdom's territorial sea is measured. Illegal discharges of oil in the internal waters landward of that baseline (including estuaries) can be prosecuted under section 131 of the Merchant Shipping Act 1995. Defences are available under both the 1996 Regulations and the 1995 Act. However those under the 1995 Act are different in some key details from those provided under the 1996 Regulations. In the light of the concerns raised by the Comptroller and Auditor General, the Department will consider the alignment of the defences under both the Regulation and the Act. This may involve subsequent amendment of the Merchant Shipping Act 1995 as the defences in the 1996 Regulations derive from an International Convention.