Written statements on Ship safety: amendments to merchant shipping regulations - Mar 21
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Parliamentary Under-Secretary of State for Transport (Robert
Courts): I am making this statement for the purposes of
paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act
2018. The instrument to which this statement relates does not
substantively amend EU standards, but the provisions of Schedule 8
apply to a consequential amendment proposed to be made by the
instrument to a definition contained in the Merchant Shipping (Fire
Protection: Small Ships) Regulations...Request free trial
Parliamentary Under-Secretary of State for Transport (Robert Courts): I am making this statement for the purposes of paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act 2018. The instrument to which this statement relates does not substantively amend EU standards, but the provisions of Schedule 8 apply to a consequential amendment proposed to be made by the instrument to a definition contained in the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998. The proposed Regulations implement the findings of the review of standards for older passenger ships carried out by the Maritime and Coastguard Agency (MCA) in conjunction with the Domestic Passenger Ships Steering Group (DPSSG), which is a group on which both government and industry representatives sit to discuss safety matter relating to domestically operating passenger vessels. The review of standards for older passenger ships was driven by recommendations from:
The relevant recommendations from the Thames Safety Inquiry were implemented for newer non-seagoing passenger ships in 2010, but the more challenging task of doing a similar thing for older passenger ships has been carefully considered over subsequent years. The proposed regulations cover aspects of the following subject areas:
One of the potentially most significant aspects of these proposals is the damage stability, or survivability, element. The reason vessels need to meet adequate standards in this area is that in the event of an incident, it is vital to keep a vessel afloat for long enough for persons to ascend to the upper deck, don lifejackets and remain above the surface of the water while awaiting rescue services. Vessels that do not meet modern standards can sink in literally seconds, resulting in persons being cast into the water and possibly trapped beneath a submerged hull. The death toll is expected to be high in such a situation, as passenger vessels can carry anything from 13 to 250 persons. This is a tragedy waiting to happen. The other measures combat the risks associated with fire and flooding and provide more robust standards for life-saving equipment. This is a package designed to provide a safety regime that ensures a high level of consistency in safety standards across the range of passenger vessels, so that the public can be assured that on whichever passenger vessel they choose to travel, safety standards on that vessel are fit for the 21st century. It has been suggested that these measures target historic vessels and even those vessels known as “Dunkirk Little Ships” (DLS). However, the proposals focus on passenger vessels, i.e., those carrying members of the public, regardless of age. A few of these are historic in nature – others simply old – and a very small proportion of DLS included are subject to the measures. No more than 2% to 3% of the pool of DLS are affected, as most DLS do not operate as passenger vessels. The draft regulations are an important step forward to ensure standards for all UK passenger ships are suitable for the 21st century and to protect members of the travelling public. I am not prepared to see another tragedy on the scale of the Marchioness. A similar disaster, or one greater, would have an unacceptable social cost and have a damaging effect on the reputation of the tourist industry, which is so important to many areas of the United Kingdom. The regulations are being published in draft 28 days before they are due to be laid for approval by each House of Parliament. This is required under paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act 2018, because they make a consequential amendment to a definition that was substituted in the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 by the Merchant Shipping (Marine Equipment) Regulations 2016, which were made (in part) under section 2(2) of the European Communities Act 1972. Further details are set out in the annex to the accompanying draft explanatory memorandum. The draft regulations, the accompanying draft explanatory memorandum and the impact assessment can be found on GOV.UK. Parliamentary Under-Secretary of State for Transport (Robert Courts): I have today (21 March 2022) published as a draft the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022, along with an accompanying draft Explanatory Memorandum. The draft regulations revoke and replace the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999 (SI 1999/1644) and the instruments that amend them and implement the most up to date requirements of the International Convention for the Safety of Life at Sea, 1974 (‘the Convention’), affecting bulk carriers. The draft regulations are being published for 28 days. Following the conclusion of this period, and once any observations on the draft regulations have been taken into account, they will be laid for approval by each House of Parliament. This procedure is required under paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 because these Regulations revoke an instrument that was amended under section 2(2) of the European Communities Act 1972. The amendments were made by the Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (SI 2018/1221). Further details are contained in the Annex to the draft Explanatory Memorandum. The draft regulations implement requirements for bulk carriers in Chapter XII of the Convention, including previously unimplemented requirements for bulk carriers of double-side skin construction constructed on or after 1 July 2006, standards and criteria for side structures of bulk carriers of single-side skin construction and standards for owner’s inspection and maintenance of bulk carrier hatch covers. The updated measures in Chapter XII are in force internationally, but the measures must also be incorporated into our national legislation to enable them to be enforced effectively, most notably to discourage non-compliance by non-UK flagged ships in UK waters, which would be detrimental to the safety of shipping in UK coastal areas. The proposed regulations will ensure that UK law includes increased safety standards for bulk carriers and seafarers on UK flagged bulk carriers and non-UK flagged bulk carriers operating in UK waters by implementing updates to improve vessel stability and strength. The draft regulations also include an ambulatory reference provision to ensure that future amendments to the Convention referred to in the draft regulations will automatically become UK law when they enter into force internationally. As required by these regulations, a ministerial statement will be provided to both Houses of Parliament ahead of any amendment to Chapter XII, or other provision, of the Convention referenced in the regulations, prior to it coming into force in UK law by way of the ambulatory reference provision. The draft regulations and the accompanying draft explanatory memorandumcan be found on GOV.UK.
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