The Draft Marine Navigation Bill

The Draft Marine Navigation Bill was published on 6 May 2008. (Cm. 7370, ISBN 9780101737029 ). A supplementary consultation on the ratification of the Nairobi Convention on the Removal of Wrecks, for which the draft Bill includes the necessary statutory provisions, was published at the same time by the Department for Transport. The Bill covers four main areas: (a) port safety, including measures relating to pilotage, National Occupational Standards for Harbour Masters and pilots, and extending powers of general direction to more harbour authorities; (b) the closure of harbours, and the subsequent relinquishing of the legal rights and duties of the harbour authority; (c) the role of the General Lighthouse Authorities, including their powers of enforcement, the territorial extent of their operations, their commercial work and their pension schemes; and (d) the ratification and implementation of the Nairobi Convention. The introduction of new powers to issue directions to port and harbour authorities and to specify minimum standards of competence for harbour masters and pilots is supported. The provisions relating to General Lighthouse Authorities are a sensible package intended to clarify their powers and put beyond doubt the legal validity of much of the essential work which they have been carrying out for centuries. The provision in the draft Bill to give statutory effect Nairobi International Convention on the Removal of Wrecks will remove from the UK taxpayer a significant potential liability in respect of wrecks in UK waters.

This "Draft Marine Navigation Bill: consultation document" (Cm. 7370, ISBN 9780101737029) contains the following: proposals in detail; the draft Marine Navigation Bill; explanatory notes and an impact assessment. The Government proposes to legislate to reinforce the Port Marine Safety Code, to improve the management of the General Lighthouse Fund and the powers of the General Lighthouse Authorities and to enable the ratification of the International Convention on the Removal of Wrecks

The Draft Marine Navigation Bill was published on 6 May 2008. (Cm. 7370, ISBN 9780101737029 ). A supplementary consultation on the ratification of the Nairobi Convention on the Removal of Wrecks, for which the draft Bill includes the necessary statutory provisions, was published at the same time by the Department for Transport. The Bill covers four main areas: (a) port safety, including measures relating to pilotage, National Occupational Standards for Harbour Masters and pilots, and extending powers of general direction to more harbour authorities; (b) the closure of harbours, and the subsequent relinquishing of the legal rights and duties of the harbour authority; (c) the role of the General Lighthouse Authorities, including their powers of enforcement, the territorial extent of their operations, their commercial work and their pension schemes; and (d) the ratification and implementation of the Nairobi Convention. The introduction of new powers to issue directions to port and harbour authorities and to specify minimum standards of competence for harbour masters and pilots is supported. The provisions relating to General Lighthouse Authorities are a sensible package intended to clarify their powers and put beyond doubt the legal validity of much of the essential work which they have been carrying out for centuries. The provision in the draft Bill to give statutory effect Nairobi International Convention on the Removal of Wrecks will remove from the UK taxpayer a significant potential liability in respect of wrecks in UK waters.

Government response to HC 709, session 2007-08 (ISBN 9780215522238)

The Marine Bill was designed to establish a new UK-wide strategic system of marine planning to balance conservation, energy and resource needs, based on the principle of sustainable development and working with the devolved administrations. The Committee reports here reservations about the framework nature of the draft Bill. It was felt that too much of its policy is contained in secondary legislation or guidance. That there are significant areas of confusion of responsibility - between UK and international, especially EU, obligations; between devolved administrations; the many agencies and other bodies who will be involved in delivering the proposals in the Bill.

This report questions whether the Department for Transport is striking the appropriate balance between its role as a regulator of port safety and its aim to promote the commercial attractiveness of UK ports. This follows evidence that most ports fail to confirm to Government that they comply with best practice guidance on port safety and the Maritime and Coastguard Agency has the resources to conduct just four port 'health checks' each year. Representatives of marine pilots, who guide ships in and out of ports, lack confidence that the Department for Transport understands their concerns and the requirements of their work and shares their aim of enhancing maritime safety. The Committee is opposed to a proposal, supported by Government, to relax the rules on the granting of pilotage exemption certificates to more junior navigating officers which could jeopardise safety. If the Government insists on pressing ahead with this change, the Committee recommends that the impact of the change should be monitored. Other recommendations include that: the Maritime and Coastguard Agency should broaden its safety inspection programme so that it undertakes eight inspections per annum; ports should be required to publish statistics on accidents and near-misses; the Government should use its influence to persuade harbour authorities to accept national standards as to who can be authorised as a pilot: if national standards are not adopted the case for legislation on this issue will be compelling.