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1.45 pm
The Parliamentary Under-Secretary of State for the Environment, Transport and the Regions (Ms Glenda Jackson): I am sure that I speak for all hon. Members when I express my deepest sympathy for the families so grievously bereft by this tragedy. I am sure that we all send our commiserations to the surviving skipper of the Sapphire, who continues to suffer the trauma of this terrible accident. I am equally sure that the hon. Member
for Banff and Buchan (Mr. Salmond) wishes with all his heart that there had been no necessity for him to raise this debate. However, there is a necessity to debate the matter, and it is entirely right that the House should do so.
Mindful of the agony of not knowing for the families so grievously bereaved, I am assured that the staff of the marine accidents investigation branch kept them fully informed of progress during the search for the vessel and the on-going inquiry, and I am grateful to them for that. The families have also been shown the complete video of the underwater survey of the Sapphire. A full photographic survey of the wreck was made, despite difficulties in manoeuvring the remotely operated vehicle around nets and wires floating in the vicinity.
No bodies were seen. That does not imply that they were not there--merely that nothing was visible to the camera. I am told that the families viewed the video with great dignity--surely a harrowing experience for them--and it remains their collective wish for the bodies to be recovered.
Searches for and recovery of bodies can, theoretically, be carried out by divers. The hon. Gentleman referred to a feasibility study, but I regret that I have not seen it in detail, and I am dependent on the advice that has been given to me by officials. Although the feasibility study shows that recovering the Sapphire is technically achievable subject to fair weather, it also shows that it is a difficult operation. The estimate of costs is almost £400,000, but that should not be central to our considerations.
The marine accidents investigation branch has sought expert opinion on the prospects in this case. Although it would be technically possible to deploy divers under saturation conditions, the presence of nets and other obstacles makes that task extremely hazardous. Furthermore, the trauma suffered by divers in undertaking the terrible task of recovering bodies, if they could be located, must be taken into account.
The MAIB's philosophy with regard to diving on wrecks is that divers' lives must not be put at risk unnecessarily, and the operator's decisions on their deployment is paramount. I am extremely reluctant to risk compounding this tragedy by promoting actions that are not justified on grounds of safety, and that could lead to further loss of life.
Mr. Salmond:
As soon as we received the feasibility study yesterday evening, I faxed it to the Department of the Environment, Transport and the Regions. We have a meeting later this afternoon at which these matters can be further discussed. The feasibility study suggested that divers would be put at unacceptable risk, and it does not recommend such action. It would also be a costly operation. The study suggests that the option of lifting the vessel from the sea bed is very real, and has a far greater chance of success than sending down divers.
We are aware that there is no certainty in this life, and certainly none in dealing with the sea; but the feasibility study by a company employed by the Government to survey the vessel suggests that there is a very good chance
of a lifting vessel being successful in the enterprise, and a good chance that such a vessel will be available in the Scottish sector over the next 21 days.
Ms Jackson:
I will try to read the feasibility study before I meet the hon. Gentleman and the families. I take his point, but it does not strike me as a point of principle that I could endorse at this stage.
The decision on whether to raise a wreck can sometimes be finely balanced. It may be appropriate to raise or remove a wreck that is a hazard to navigation, to prevent or minimise pollution from cargoes, or to determine the cause or causes of loss. The Sapphire is lying on her starboard side in a depression on the sea bed at a depth of about 90 m; at that depth, the wreck does not pose a hazard to navigation. As for the need to prevent or minimise pollution from cargoes, here again there is no argument to support raising the wreck.
The decision on whether the Sapphire should be raised to determine the cause of her sinking lies with the chief inspector of the MAIB. If the chief inspector finds that he cannot establish the cause of a vessel's loss by examination of the available evidence, he will consider raising a wreck. In the case of the Sapphire, however, it now seems likely that sufficient material is available to allow the inspectors to make progress with their investigation without raising the wreck.
Since its formation in 1989, the MAIB has raised only one wreck, the much smaller Gorah Lass, off the north coast of Cornwall earlier this year. On that occasion, unlike the occasion involving the Sapphire, there were not enough leads for the investigation to proceed without recovery. As the hon. Gentleman will know, the Antares--to which he referred--was raised by the Royal Navy.
The feasibility of raising a wreck will vary according to the size of the vessel, the depth of the water, the time taken to locate the vessel and many other factors. While I acknowledge that the recovery of a vessel may be of assistance in an investigation, experience shows that the process of raising a wreck may sometimes destroy crucial evidence. That, I believe, is another factor when we are considering the possibility of raising such a wreck for the recovery of bodies. Equal damage could be caused. Even if a wreck is recovered intact, there can be no guarantee that the evidence will be of value to an MAIB investigation.
Recovery of bodies from wrecks is a difficult issue. Even the most expert diving operation has its limitations. There is always the prospect that divers will never be able to search every part of a wreck. Even if some bodies are discovered and subsequently recovered, there remains the prospect that others may never be found.
There are also strong arguments for protecting, as graves, sunken wrecks associated with loss of life. The Protection of Military Remains Act 1986 provides the Secretary of State with powers to protect war graves; unauthorised interference with wrecks designated under those powers is a criminal offence. The Merchant Shipping and Maritime Security Act 1997 provides power to implement international agreements relating to the protection of wrecks outside the United Kingdom's territorial sea.
The Government will shortly use that power to implement, and become party to, the agreement on the wreck of the Estonia. The agreement designates the wreck
site as the final resting place of the victims of the disaster, and requires parties to make interference with the site a criminal offence. The UK is also participating in negotiations with Canada, France and the United States on a multilateral agreement on the wreck of the Titanic.
Let me return to the tragedy of the Sapphire. I am sure that the House wishes to pay tribute to the search and rescue effort that was mobilised when the Aberdeen coastguard was alerted to the sighting of two red flares by the fishing vessel Elegance, a partner vessel to the Sapphire. The search involved two RNLI lifeboats, two RAF rescue helicopters, one RAF Nimrod aircraft and 19 fishing and oil industry support craft.
The search for the four missing crew members was suspended at 2300 hours, and resumed at dawn the next morning. An RAF rescue helicopter from Lossiemouth, along with the RNLI lifeboats from Peterhead and Fraserburgh, carried out a search in the area. The area was thoroughly searched by numerous craft, and the Aberdeen coastguard, in consultation with other authorities, terminated the search at 1100 hours on 2 October.
A search is not called off until all possible areas have been thoroughly searched and there is no likelihood of survivors' being found. That is never an easy decision, and it is made only after the most careful consideration.
In general terms, I must emphasise the Government's concern for the safety of all fishermen. The Marine Safety Agency is responsible for the implementation of the Government's strategy for marine safety--
Mr. Salmond:
Will the Minister give way?
Ms Jackson:
I would, but, with respect, I have already allowed the hon. Gentleman to intervene once--
Mr. Salmond:
There is plenty of time.
The Minister wrote to my constituents expressing her condolences: the letter arrived in Peterhead this morning. She founded her argument, properly and legitimately, on the case that an operation by divers to recover the bodies from the Sapphire would not be justified because of the danger involved.
We have produced a feasibility study carried out by a company with impeccable credentials, which shows that a cheaper and better option with far more chance of success is available to the Minister. Surely she will now give me an undertaking that she will at least consider the study, and, at the meeting that we are to have with the families this afternoon, will undertake to look at it and see if she can return to the subject and consider whether an operation by lift barge would not be possible and well justified in the circumstances.
Ms Jackson:
I am perfectly prepared to give the hon. Gentleman and the families involved an assurance that
The chief inspector of the MAIB concluded that it was necessary to try to locate the sunken vessel, and to inspect it using video cameras mounted on a remote-operated vehicle. That is a normal method of carrying out underwater surveys. A suitable vessel was chartered following the normal process, and a 72-hour contract was placed on 20 October. Unfortunately, the wreck was not located during that period, and the contract was therefore extended by 24 hours to widen the search area.
While the extended search was under way, on the evening before the search was due to be completed, one of the next of kin contacted the MAIB with the position of a previously unreported oil slick, which had been passed to her by the crew of another fishing vessel. That position was found to correlate with a very small target that had already been seen on the sonar trace. A further extension in contract time was necessary to investigate that contact.
The decision to do that was made, and the remotely operated vehicle was launched to investigate. It discovered and positively identified the Sapphire, lying--as I said--on her starboard side in a depression that was uncharacteristic of the sea bed in the region. That is why it had not shown up more extensively in the original search. Throughout that time, the next of kin were regularly updated on how the search was progressing.
In view of the importance of finding out why the Sapphire capsized, and because of the public interest, the status of the investigation will be that of an inspector's inquiry. A report will be submitted to the Deputy Prime Minister within 12 months of the incident. Subject to his approval, it will be published.
The sea can be a cruel and exacting master. Since the loss of the Sapphire, two further lives have been lost in fishing vessel accidents. My own family has paid such harsh dues to the sea, in both peace and war. But, however cruel the sea may be, I believe that it is--by virtue of those who have given their lives to it--not only a peaceful but an honourable, indeed noble, final resting place. I hope that the families who have experienced such grievous loss in this tragic incident will be able to contemplate it as a final resting place for their loved ones.
It being Two o'clock, the motion for the Adjournment of the House lapsed, without Question put.
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