7 Protection of crews
54. The figures of attacks on seamen are unacceptably
high.[71] The UK Government
and the international community generally, ought to be ashamed
that they have failed to put effective measures in place to prevent
the present high level of piratical attacks on seamen and women.
The Department for Transport reports that 'the ferocity of [piratical]
attacks appears to be increasing'.[72]
This makes it all the more important that the level of protection
afforded to seafarers by the UK and other Western governments
should be stepped up.
55. The Honourable Company of Master Mariners expressed
great concern about this 'worrying trend' of ships being hijacked
and 'the crew being taken hostage and ransomed (or disposed of),
the cargo being sold, the ship being re-named and then sold'.[73]
Arms
56. In these circumstances, arming ships' crews requires
examination. Our evidence however was that arming seamen or ships
carrying 'sea marshals' was not appropriate. The Honourable Company
of Master Mariners said that 'pirates would be more likely to
use lethal force if they feared that they would be at risk from
firearm wielding merchant seafarers', and also that crew lacked
the competencies to use arms effectively:[74]
The concern is that placing weapons in the hands
of untrained merchant seafarers would be a recipe for disaster
because they are just as likely to injure themselves as anyone
else and the chances of injuring an innocent party would be high.
The obvious response to that would be to train merchant seafarers
in handling weapons. That is something we would not be in favour
of. The type of person that is employed and the job they are
employed to do is quite different from that of taking sentry posts
and protecting a ship. It would require a level of resource
that simply is not available currently in merchant ships (emphasis
applied).[75]
Numast considered that arming seafarers is a 'boundary
that should not be crossed';[76]
the Chamber of Shipping would be 'deeply unhappy' about
the idea of arming ships;[77]
and the International Maritime Bureau considered that arming crews
'may not be the answer'.[78]
57. Placing armed personnel ('sea marshals') onboard
merchant ships was not favoured either. Mr Simmonds of the Chamber
of Shipping pointed to what he termed the 'immense legal difficulties
involved in private armed guards being carried on board ships
and perhaps being involved in an exchange of fire with innocent
parties in somebody else's territorial seas'.[79]
Contrary evidence
58. Notwithstanding this evidence, we note that some
companies do use private security. For example, the Pacific nuclear
transport ships which carry eradicated nuclear waste between Japan
and the UK have Atomic Energy Authority police onboard;[80]
and it was widely publicised that the Seaborne Spirit,
the passenger ship attacked off Somalia in 2005, had former Gurkha
personnel on board acting in a security capacity.[81]
59. It is clear therefore that, despite what the
representatives of the merchant marine told us, that some ships
do carry guards. It is possible that some may be armed. The extent
of this practice is however unclear.
60. It appears common sense that where there is a
high risk of attack to an extremely valuable, or vulnerable and
intrinsically dangerous, cargo, then special security steps need
to be taken. These may include providing vessels with guards.
Training for the guards, but also for all those on board, would
be essential, particularly where firearms are involved. It cannot
be beyond the capacity of the industry however, in conjunction
with the Government, to provide suitable training to ensure that
sailors and others travelling by sea are provided with good instructions
on how to act in circumstances where their vessel has armed protection.
61. The fact is that unarmed crews are already frequently
subject to ferocious attack by heavily armed pirates, and that
this often results in loss of life and serious injury. It is difficult
therefore to conceive of how sensible and good quality training
of some ship personnel would create greater dangers.
62. The Chamber of Shipping, the Honourable Company
of Master Mariners, Numast, and the International Maritime Bureau
all stated that arming seafarers was a line that should not be
crossed. We agree that it would be folly for any ship owner to
permit the routine arming of untrained seamen to face the threat
of armed attack on their vessels.
63. The evidence we had was also against armed
guards on ships. But the fact is that some vessels do carry guards
currently. Some of these may be armed. We understand that UK Atomic
Authority Police guard ships carrying atomic material. Unarmed
sailors are currently the victims of attack from heavily armed
and unscrupulous pirates. Many lose their lives or are seriously
injured. Any measure that can be shown to increase their safety
is worthy of further, urgent investigation.
64. We wish to know from the Government what its
policy is on placing guards on merchant marine vessels; under
what circumstances it believes vessels should receive the protection
of armed guards; what training to ensure effective use of arms
and to minimise accidents is available to those guards, and to
those who travel with them on board ship; what 'rules of engagement'
exist for armed guards at sea; and what controls there are on
ship owners' decisions to provide their vessels with armed guards.
Other protective measures
65. Several
witnesses who gave evidence to us believe that security onboard
ships could be improved by ensuring that ships are adequately
staffed and crew properly trained. For example, the Honourable
Company of Master Mariners believes that:
if crewing numbers were increased then this would
lead to a reduction in accidents from fatigue in addition to providing
more people to ensure a proper lookout is kept for suspicious
individuals.[82]
Maritime & Underwater Security Consultants agreed
'Raising the minimum manning levels for merchant ships is likely
to increase safety and allow crews to carry out their security
duties more effectively'.[83]
Similar advice came from
the Chamber of Shipping 'All ships deter attacks by appearing
alert, well managed and prepared'.[84]
66. The Honourable
Company of Master Mariners pointed out that 'such fatigue levels
and increased workload reduces the number of seafarers available
for lookout duties and so increases the risk that pirates would
not be detected before boarding'.[85]
Numast considered that 'what must be questioned is the ability
of seafarers to comply with
additional duties in an industry
in which even leading owners and flag states admit that under-manning
is a severe problem and many masters and officers are already
at breaking point in terms of workload'.[86]
67. Seamen appear to be over-worked and to receive
insufficient training. This is borne out by the Marine Accident
Investigation Branch (MAIB) of the Department for Transport which
stated in its 2004 annual report that fatigue rates amongst seafarers
are at 'elevated levels'.[87]
MAIB states that ships face 'depressingly consistent' problems:
'fatigued crews, due to undermanning; falsified hours of work
records; no dedicated lookout on the bridge; and poor situational
awareness/anticipation/judgement by officers of the watch - classic
symptoms of fatigue'.[88]
68. In 2004
MAIB conducted a safety study of 1,600 accidents over ten years.
This study found that on a ship with only two watchkeepers, even
if they did nothing but their bridge watches, they would work
an 84-hour week. Further, that seafarers are 'falsifying their
timesheets to prove that they are only working a 98 hour
week'.
69. MAIB ran
a comparison of two Chief Officers, one with a 'six on-six off'
shift pattern with one other officer and the other with a revised
'four on-eight off' pattern with two other officers. The latter
showed a significant improvement in fatigue levels and resulted
in MAIB's recommendation that all merchant vessels over 500 gross
register tons have a minimum of a master plus two bridge watch-keeping
officers.[89]
70. We were outraged to learn that seafarers are
being overworked and lack sufficient training, and that this is
placing ships personnel and vessels at risk from determined piratical
attacks. Quite apart from being completely unacceptable in itself,
there is evidence that the resulting tiredness amongst crews makes
ships an easier target for opportunistic violent attack. The Government
is failing in its duty to the Merchant Marine by allowing this
situation to continue. It must take the most stringent measures
against any owner exploiting its staff in this utterly reprehensible
way.
71. Ships must be adequately staffed for all watches,
and additional duties should be equally apportioned in order to
combat fatigue. The recommendation of the Marine Accident Investigation
Branch is that all merchant vessels over 500 gross register tons
have a minimum of a master plus two bridge watch-keeping officers.
We support this. The current situation is a disgrace. We want
to know what steps the Government is taking with the industry
to ensure the proper the crewing of ships; and their adequate
training.
71 See Chapter 1, paragraph 1 above Back
72
Ev 23; see also, 'There is a clear trend towards increasing violence'
Ev 9 Back
73
Ev 06. Two recent examples were of the 'Steadfast', off the coast
of Indonesia, and the 'Semlow', off Somalia. Both ships were recovered;
the Steadfast after an immediate pursuit by the Indonesian Navy;
the Semlow and its crew of ten were released after three months.
Foreign Affairs in 2004 summarised what was happening:
From 2002 to 2003, the number of those
killed and taken hostage in attacks nearly doubled. Pirates have
also increased their tactical sophistication, often surrounding
a target ship with several boats and firing machine guns and antitank
missiles to force it to stop. As Singapore's Deputy Prime Minister
Tony Tan [of Singapore] recently warned, "piracy is entering
a new phase; recent attacks have been conducted with almost military
precision. The perpetrators are well-trained, have well laid out
plans." The total damage caused by piracy - due to losses
of ships and cargo and to rising insurance costs - now amounts
to $16 billion per year. Back
74
Ev 6 Back
75
Q63 Back
76
Q51 Back
77
Q49 Back
78
Ev 1 Back
79
Q49 Back
80
For example, in a Parliamentary question in November 2000, the
Minister told the House that: "The masters of
ships
undertaking shipments of nuclear materials between Europe and
Japan retain full responsibility for the safe operation of the
ships at all times
The role of the UKAEA Constabulary (UKAEAC)
is to protect the cargo against theft or sabotage. (29 November
2000, c601W) Back
81
Qq50-51 Back
82
Ev 6 Back
83
Ev 44 Back
84
Ev 9 Back
85
Ev 6 Back
86
Ev 2 Back
87
Pages 1, 2 in http://www.maib.gov.uk/cms_resources/Annual%20Report%202004b.pdf Back
88
Ibid Back
89
Ibid. The Seafarers' International Research Centre (SIRC) at
Cardiff University has undertaken work in this field. See: http://www.sirc.cf.ac.uk
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