MSC Napoli

Part of the debate – in the House of Commons am 10:33 pm ar 24 Mawrth 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jim Fitzpatrick Jim Fitzpatrick Parliamentary Under-Secretary (Department for Transport) 10:33, 24 Mawrth 2009

I hope, if I have time, to explain in a few moments the Government's position on where ships go if they run into difficulty.

The United Kingdom's handling of the MSC Napoli incident received widespread approbation domestically and internationally. Ever since establishing the SOSREP function, and whenever the subject of command and control of maritime incidents has come up for discussion in any forum, we have consistently expressed the view that the UK's system for dealing with them is exceptionally good. Nevertheless, there are lessons to be learned from shipping incidents even when they have been handled in an exemplary way, and the MSC Napoli incident is no exception. The Government identified a number of lessons, which were set out in the document entitled "MSC Napoli Incident: The Maritime and Coastguard Agency's Response". As the hon. Gentleman said, that document was issued in November 2008.

One of the most prominent lessons learned is about the communication of the role of SOSREP and the MCA to other bodies involved in incidents of this type. The emphasis in the MCA's counter-pollution and response branch has been on training courses for local authorities. We now realise that the MCA needs to inform other category 1 and 2 responders about the role of SOSREP in salvage and the role of other MCA units in counter-pollution activities, including the command and control procedures that are implemented at the scene of a maritime incident. We believe that briefing local resilience forums and strategic co-ordination groups, and conducting suitable exercises with other responders, may be a more effective way of explaining the procedures that are in place to deal with shipping incidents of this nature.

Communication is at the heart of another of the lessons that we have learned. Communication of the potential level of risk between the salvage control unit, where the most up-to-date information is available, and any land co-ordinated response organisation needs to be improved.

The document entitled "National Contingency Plan for Marine Pollution from Shipping and Offshore Installations" sets out the Government's response procedures. The plan is reviewed periodically to take account of lessons learned from the incidents that have occurred during that period. We consider that the next review of the national contingency plan should consider the scope for dealing with medium-sized incidents through the use of combined response centres. In such a scenario, the marine response centre and the salvage control unit could merge to form a single unit. During the review process, the MCA could also expand on mechanisms for dealing with beached material other than oil and chemicals.

In the next review of the plan, consideration needs to be given to the interface between the at-sea, shore and near-shore protection activities. The review also needs to address the issue of which bodies are best suited to carry out shoreline protection and clean-up, and consideration should be given to the interrelationships between the civil contingency representatives and the MCA.

There are still more lessons to be learned. The co-location of response units should be used whenever possible. A number of MCA officers should be trained specifically for the role of Acting Receiver of Wreck and for liaison with police gold commanders, and suitable procedures should be added to the operational manuals. The use of dispersant on more viscous oils should continue to be considered as a useful tool in future responses to oil spills of this type. That was demonstrated during the MSC Napoli incident with the use of dispersant on IFO 380, a quite viscous oil.

The MCA needs to explore with the other agencies involved how the process of preparing multiple environmental impact assessments for a range of options, and achieving agreement from all the authorities involved, could be expedited in future.

Action is being taken to follow up the marine accident investigation branch's finding that discrepancies in the declared weights of the containers on MSC Napoli were a contributory cause of the accident, a very important point raised by the hon. Gentleman. The International Chamber of Shipping and the World Shipping Council have published "Safe Transport of Containers by Sea, Guidelines on Industry Best Practice". When it met in December 2008, the International Maritime Organisation's maritime safety committee referred those guidelines, and the associated concerns about misdeclared cargo and the false or incomplete declaration of contents, to an IMO sub-committee for detailed consideration.

Let me turn to some other points raised by the hon. Gentleman. I am, of course, aware of the report of the local public inquiry which was conducted by Devon county council. The Government do not necessarily agree with all the conclusions and recommendations of the inquiry, but some of its recommendations are very close to the conclusions that we ourselves reached. We are currently considering the recommendations, and will respond in due course. The most prominent recommendation is, of course, the creation of a new post ashore, with powers of command and control on land which are equivalent to those that SOSREP exercises at sea.

The Government's position is that the Civil Contingencies Act 2004 provides the legislative framework for civil protection in the United Kingdom. That includes a well established generic national framework for managing emergency response, irrespective of the size, nature or cause of the incident. That framework is adapted to the particular needs of the emergency. By using an adaptable, but generic framework, rather than an incident-specific approach, it allows for the integration of emergency plans across agencies and boundaries, and ensures that all involved understand their roles and responsibilities, in a combined response.

Within that framework, the local management of an emergency is undertaken at three ascending levels—bronze, silver and gold commands—responsible, respectively, for operational, tactical and strategic command. I recognise, however, that in the case of the MSC Napoli a local gold command was not established, as the hon. Gentleman has outlined, until it became apparent that events on the beach were descending into disorder. It appears that local commanders, given the unprecedented nature of events, did not anticipate the effect that the beaching of that container ship would have, specifically with regard to the looting of property. I understand, however, that once gold command was established and SOSREP joined that group, control over the scene improved and co-ordination between the land-based and sea-based operations improved dramatically.

All that is not to say, however, that we are complacent. When the Civil Contingencies Act was enacted, there was an explicit intention to review it within three years. That will include recommendations contained in the recent report into the events following the beaching of the MSC Napoli.

The hon. Gentleman went on to recommend that the legislation that relates to salvage and wreck be clarified and updated. However, it would not be true to say that the existing merchant shipping legislation prevented the police from taking the necessary action after the beaching of the MSC Napoli. The law states that anyone finding or taking possession of wreck material, regardless of size or value, must report it to the receiver of wreck. Failure to report recovered wreck is a criminal offence. That was the initial information given, after the beaching of the MSC Napoli, to the media and to finders on the beach.

It was the actions of many of the people who came to Branscombe after the beaching of the MSC Napoli which clearly showed that what they were doing could not be categorised as "salvage". That compelled the Receiver of Wreck, MCA colleagues and the Devon and Cornwall constabulary to reassess the situation and to invoke the receiver's power under section 237 of the Merchant Shipping Act 1995 to use force if necessary against anyone who refuses to hand over recovered wreck material or attempts to conceal it or to keep possession of it. Accordingly, we do not envisage that the Government will be seeking to change the legislation on salvage and wreck on this account.

The hon. Gentleman referred to the local public inquiry's recommendation that the Government make a general and permanent commitment to reimburse the extraordinary costs of handling the aftermath of an incident from a central fund along the lines of the Bellwin fund. That is an issue on which further discussion needs to take place within government but, on the face of it, it appears problematic. The Government cannot make a generic commitment because every emergency is different, and incidents are considered on their individual merits.

The hon. Gentleman suggested that coastal areas that have national and international conservation significance should not be used as places of refuge in the event of a maritime incident. However, as the right hon. Member for West Dorset mentioned, this proposal is at variance with the UK's tried and tested policy for protecting our seas and coasts, which is that anywhere around the UK's coastline could be a place of refuge. When a ship in need of assistance requires a place of refuge, SOSREP inevitably takes account of all the factors that relate to that specific incident, such as the weather, the location, the type of threat posed by the vessel and its cargo. This established process allows SOSREP to determine the most appropriate place of refuge, minimising adverse consequences for any incident. It is important to stress that ships are not brought into a place of refuge in order to cause pollution. On the contrary, ships are brought into places of refuge to avert or minimise pollution.

Let me conclude by thanking the hon. Member for East Devon for his continued interest in the issues surrounding the handling of the MSC Napoli. I have tried to answer his concerns, although perhaps I have not done so to his complete satisfaction. We accept that this matter is of great importance, and it is to his credit that he maintains his interest and has secured the opportunity to raise this debate tonight. I assure him that we will follow up the issues he has raised.

Question put and agreed to.

House adjourned.