Secretary of State's power to
direct Harbour Authorities - Clause 7
10. The Port Marine Safety Code (PMSC), developed
in close collaboration with the industry, was introduced in 2000
in response to a review of the Pilotage Act 1987. The aims of
the Code were to create and maintain "nationally agreed standards
for safe marine operations", and to assist those with safety
responsibilities in the industry to understand and comply with
best practices in port marine safety. The Code requires that safety
hazards be minimized through a safety management system based
upon formal risk assessments at individual ports. However, the
Code is not mandatory, but indicates that the relevant industry
parties should "hold themselves accountable publicly"
for compliance. To this end, harbour authorities have to publish
periodic statements explaining their safety policy and evaluating
the effectiveness of this policy.[15]
In 2003, a review of the implementation and effectiveness of the
Code concluded that it had achieved its objectives successfully,
producing a "marked overall improvement in port marine safety
standards."[16]
11. The draft Bill does not provide for the Port
Marine Safety Code to be placed on a statutory footing. Instead,
it provides the Secretary of State with reserve powers to intervene
where ports are deemed to fall seriously short of the standards
expected.[17] Given the
absence of full-scale monitoring and enforcement, it is difficult
to imagine this power being used in any but the most obvious and
serious cases of non-compliance. The Government justifies the
voluntary approach by emphasising that ports are so different
in scale, clientele and geographic circumstances that it makes
best sense for them to be able to 'pick and mix' those elements
from the PMSC which suit their particular circumstances. In their
view, the voluntary approach allows them to concentrate resources
on the small number of ports which do not comply.[18]
12. The industry is divided about the efficacy of
the Government's softly-softly approach, with those who represent
commercial interests and ports generally defending the voluntary
approach,[19] and trade
unions calling for mandatory standards, inspection and enforcement.[20]
Nautilus UK, the union which represents merchant seafarers and
other maritime professionals, argued that the voluntary approach
allowed rogue operators to undercut good ports which complied
fully with the standards of the Code.[21]
13. We recommended, in our 2007 Report on The
Ports Industry in England and Wales, that:
the Government establish a statutory safety inspectorate
for the ports, and make the PMSC compulsory as soon as is practicable.
Both of these measures will reassure port workers that they are
valued by the Government and by their employers and that their
safety is paramount.[22]
14. We are disappointed that the Government has
failed to recognise the need for the Port Marine Safety Code to
be made mandatory. Although we believe the powers in Clause 7,
which would enable the Secretary of State to issue safety directions
to ports, are a step in the right direction, we reiterate our
2007 recommendation that the Code be made mandatory, and that
a safety inspectorate for ports be established.
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