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Written Ministerial Statements
Tuesday 14 January 2003
TRANSPORT
Braer Oil Spill
The Parliamentary Under-Secretary of State for Transport (Mr. David Jamieson): On 5 January 1993, the Liberian oil tanker Braer ran ashore in the Shetland Isles, spilling its cargo of 84,700 tonnes of crude oil and some 1,600 tonnes of heavy fuel oil bunkers. The consequences of the spill were serious. Since then, a large number of actions have been taken nationally, regionally and internationally.
In many ways the Braer marked a defining point in the effort to address pollution and its consequences. The Braer still ranks as the world's twelfth largest oil spill—84,700 tonnes of cargo and 1,600 tonnes of fuel oil. A pollution incident of such magnitude inevitably brought major hardships for many people. It is a tribute to the resilience of local people that they coped so well with the consequences which such a devastating incident had. The Braer raised many new compensation issues which, once resolved, assisted in the handling of similar issues which arose subsequently with the Sea Empress and with other oil spills elsewhere in the world.
No matter what measures are taken to minimise the risks of accidents, we must still ensure that we have careful plans in the event of a major incident occurring. Having such contingency plans in place demonstrates our commitment to protecting human life and the environment, and to promoting the safe and efficient movement of goods.
Following the Braer, Lord Donaldson's report in 1994 'Safer Ships, Cleaner Seas' set out 103 recommendations to improve ship safety and protection of the marine environment. The vast majority of these recommendations were accepted and most have now been implemented. This report effectively became a blueprint for redefining shipping policy in the UK but also became an important influence in determining the international efforts at the IMO.
Many lessons had to be learned and applied as a result of the Braer and subsequently the Sea Empress (spilling 72,000 tonnes of oil) as well as other major spills that have followed.
The UK has played a key role in bringing in many measures which have substantially improved the position, internationally, regionally and nationally, during the ten years since the Braer ran onto the rocks at Garths Ness, in Shetland, on 5 January 1993.
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The key developments since the Braer incident may be summarised as follows:
- The 1992 Civil Liability and Fund Protocols were introduced in mid-1996—more than doubling the limit of compensation from the #51.6 million available at the time of the Braer to #118 million.
- In 2000 the UK initiated action at the IMO to increase the limit of compensation under the 1992 CLC/Fund regime by a further 50 per cent. to #177 million, with effect from 1 November 2003.
- In 2001, along with six other states, the UK pressed for a world-wide initiative to create a Supplementary Fund to the 1992 CLC/Fund to provide further substantial compensation for the most serious oil spills. This Supplementary Fund is due to be adopted at the IMO in May 2003.
- The UK took a lead role in calling for a clearer policy on coverage by the 1992 CLC/Fund regime to cover the costs of environmental assessment following major oil pollution and for appropriate reinstatement afterwards.
- The UK participated fully in the adoption in 1996 of the Hazardous and Noxious Substances Convention which will provide cover similar to the CLC/Fund regime but for chemicals and other pollutants and for explosion, death or injury from such products. The limit of compensation will be equivalent to #220 million. The UK is co-ordinating the international effort to bring this key convention into force soon.
- The UK was one of the countries which developed the Bunkers Convention 2001, which will set liability and compensation rules for pollution from ships' fuel oils.
- The UK has ratified the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims. This should enter into force quite soon and will increase limits of liability for most third party claims arising from damage form shipping by an average of 250 per cent., but in some cases as much as 600 per cent.
- The UK has been pressing at a European level for EU states to ratify the LLMC Protocol, the Bunkers and HNS conventions quickly so as to help bring them into force soon.
- The UK became party to UNCLOS in August 1997. This sets out the framework of customary international maritime law. It is a key convention setting out coastal states', port states' and flag states' responsibilities, obligations and rights. It is an important means of protecting the marine environment from adverse consequences from shipping, while protecting the UK's shipping interests.
- In 1996 the UK declared a counter pollution zone which extends to the fullest extent allowed under UNCLOS which, around much of the coastline, is out to 200 nautical miles.
- In 1997 the UK co-ordinated an EU Member States' initiative at the IMO to have the whole of the North Sea, and all waters around the UK and Ireland, declared a special area for the purposes of protecting those waters from operational discharges of oil from shipping.
- The UK Maritime and Coastguard Agency has a dedicated Enforcement Unit, and this has led to a large number of prosecutions and a very high success rate. In 1997, legislation was passed to enable magistrates to impose a fine of up to #250,000 on either the master or the shipowner for an oil pollution offence; this is the highest fine for any offence in a Magistrates' Court.
- In 1997 the UK was the first state in the world to introduce a statutory requirement on each port to prepare a port waste management plan to address the waste disposal needs of all types of ships calling. This requirement has since been incorporated into a Directive, which the UK and other EU Member States are in the process of implementing.
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- The UK played an active part in the work leading to the development of the Vessel traffic monitoring and information system Directive which EU Member States are required to implement by 5 February 2004.
- In 1994, recognising the value of tugs in preventing groundings and other incidents, the UK introduced Emergency Towing Vessels (ETVs) on a trial basis. Initially ETVs were stationed at Dover and Stornoway for the winter months only. After further review, the number of ETVs was increased to four—stationed at Dover, Stornoway, the Fair Isle Channel, and in the South West approaches—and since October 2001 all four ETVs have been on station all year round.
- In 2000, following a wide-ranging review, the UK published a revised National Contingency Plan for Marine Pollution from Shipping and Offshore Installations, setting out how the relevant agencies and authorities in the UK will respond to such incidents. The UK has also created the role of the Secretary of State's Representative for Maritime Salvage and Intervention (SOSREP). On behalf of the Secretary of State, SOSREP has the power to oversee, control and—if necessary—intervene in salvage operations within UK waters involving vessels or fixed platforms where there is a significant risk of pollution. To reduce the risk of pollution of our seas and coasts, SOSREP can direct vessels which are in difficulties to a suitable place of refuge. The powers of direction invested in SOSREP are extensive, and are called into play when he believes that the public interest is not being adequately protected. The SOSREP role has proved very successful, as well as being an international first for the UK.
- In 1997, the UK played a leading role in launching the Quality Shipping Campaign at the IMO and in the EU. The main problem of substandard shipping and marine pollution is not the result of inadequate international standards, but of failure by some owners and flag States to fulfil their responsibilities under the conventions. The Quality Shipping Campaign engages all those involved in shipping ventures; owners, flag States, brokers, charterers, insurers, financiers, etc, with a view to rewarding the responsible in the industry and to increasingly marginalise substandard ships, owners and flags.
- Following the loss of the ERIKA in 1999, the UK played a leading role in the EU and the MO to secure international agreement to accelerate the phasing out of single hull tankers. Double hulls are not a panacea, but they do provide additional protection against spillage in the event of collisions and groundings.
ENVIRONMENT, FOOD & RURAL AFFAIRS
Bovine Spongiform Encephalopathy
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mr. Elliot Morley): The latest Progress Report on BSE in Great Britain will be placed in the Library of the House today.
The Report explains how we have managed BSE during the period 1 January–30 June 2002. The encouraging reduction in BSE in cattle continues. This shows that the controls which have been put in place are continuing to have an important effect.
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The Report discusses the introduction of an enhanced active TSE surveillance programme and the Food Standards Agency's review of the Over Thirty Month Rule. It covers issues bearing on European matters and the TSE research programme. It also sets out progress on the National Scrapie Plan and the results of enforcement visits to ensure compliance with the rules on specified risk material and animal feed.
The report is being published on Defra's website at: http://www.defra.gov.uk/animalh/bse/index.html
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