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Lord Clinton-Davis: My Lords, the Minister is meeting most of the tests this evening. I am very grateful to him for that undertaking. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 4 [Amendments of Part III of Aviation and Maritime Security Act 1990]:
Viscount Goschen moved Amendment No. 46:
The noble Viscount said: My Lords, the proposed amendment is intended to rectify a simple omission from the changes we propose to make to the Aviation and Maritime Security Act 1990. The harbour operator concept, which forms the basis for some of the other amendments proposed in this schedule and agreed in Committee, needs also to be recognised in relation to the inspections carried out by government security inspectors. The amendment will place all harbour operators on an equal footing with harbour authorities, shipowners and other relevant recipients of directions in respect of supplying information required by an inspector. I beg to move.
On Question, amendment agreed to.
Lord Berkeley moved Amendment No. 47:
The noble Lord said: My Lords, I shall not detain the House very long with this amendment. It is to seek clarification from the Government about the applicability of the piracy legislation. The Government have taken a major step forward by importing the United Nations Convention on the Law of the Sea and the Aviation and Maritime Security Act 1990 into the Merchant Shipping Act. But the drafting has led to some doubt about the definition of territorial waters. This amendment is intended to seek clarification of that. We do not have a piracy problem at the moment in the United Kingdom. This measure will allow the United Kingdom to send firm signals of its intent around the world.
At Committee stage the Minister explained that there is no need to state the scope because it is covered by the Aviation and Maritime Security Act 1990. But the part of that Act imported into Schedule 4 speaks only of harbour areas. I suspect that the intention is that it covers all areas of British territorial waters. I shall be very grateful if the Minister can
Viscount Goschen: My Lords, as we all agreed during Committee stage, piracy is a significant problem in many parts of the world. It is not something that went out with sailing ships; indeed, the situation is the reverse of that. There are many areas of the world where the seas are unsafe and horrendous incidents have taken place involving heavily armed gangsters effectively attacking merchant vessels. So piracy is important and we recognise that.
However, I do not believe that there is the loophole which the noble Lord, Lord Berkeley, is concerned about. I explained in Committee that under international law piracy means illegal acts taken on the high seas. By definition, it does not apply within a state's territorial sea and the ordinary criminal law applies there. If it takes place at home it is within territorial waters and it is not piracy. Therefore, there is no need to extend the provision.
The Aviation and Maritime Security Act 1990 provides a wide range of powers to control illegal acts in the territorial sea. I believe that the two together cover every possible situation so I do not believe that this amendment is necessary.
Lord Berkeley: My Lords, I am grateful to the Minister for that explanation. I shall study his remarks carefully. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 6 [Minor and consequential amendments]:
Viscount Goschen moved Amendment No. 48:
Page 58, line 47, at end insert--
("Inspection of ships and harbour areas
6A. In section 36(2) (powers of authorised person on inspection of ships or harbour areas), in paragraph (c), for "or the occupier of the land" there is substituted "the occupier of the land or any harbour operator".").
Page 21, line 37, at end insert ("and
(b) those provisions shall apply equally to the territorial waters of the United Kingdom.").
Page 61, line 6, at end insert--
1A. In section 20 of the Supreme Court Act 1981 (Admiralty jurisdiction of High Court), in subsection (5)(b) for "International Oil Compensation Fund 1984" there is substituted "International Oil Pollution Compensation Fund 1992".").
The noble Viscount said: My Lords, this is a technical amendment which will correct a minor error in the Merchant Shipping Act 1995. The amendment will delete an erroneous reference to the International Oil Compensation Fund 1984 and substitute the correct reference, which is the International Oil Pollution Compensation Fund 1992. I beg to move.
On Question, amendment agreed to.
Viscount Goschen moved Amendment No. 49:
The noble Viscount said: My Lords, this is a technical amendment to the legislation on compensation following oil spills by tankers. Section 158 of the Merchant Shipping Act 1995 implements provisions of the International Convention on the Civil Liability for Oil Pollution Damage. This amendment seeks to ensure that the Act implements the convention as closely as possible. I beg to move.
On Question, amendment agreed to.
Viscount Goschen moved Amendment No. 50:
The noble Viscount said: My Lords, this is a small but important amendment which adds teeth to Clause 5. It relates to a discussion that we had some hours ago at the beginning of the consideration of the Report stage of the Bill and to an amendment laid by noble Lords opposite. I said that there was a government amendment that had broadly the same purpose and, lo and behold, we discover it at the end of the Bill.
The clause contains enabling powers for the Secretary of State to place a requirement on a ship's master to discharge waste in port in specified circumstances. As the clause is currently drafted, we could enforce such a requirement in just one manner: by making non-compliance an offence. This is somewhat inflexible. It would mean that, if a port state control inspector's persuasive powers failed to ensure compliance, he would have no option but to bring a prosecution. This rigidity is not consistent with the general approach adopted in the Merchant Shipping Act 1995 in relation to other offences.
Generally, the Act provides my department's inspectors with a more comprehensive armoury of enforcement powers. In particular, a common means that we use to ensure compliance with the statutory requirements laid down under the 1995 Act is the power to serve improvement and prohibition notices.
We have concluded that port state control inspectors' powers should be enhanced and made more flexible. This can be achieved by giving them the ability to issue improvement and prohibition notices. This would be the effect of this amendment. I beg to move.
On Question, amendment agreed to.
Viscount Goschen moved Amendment No. 51:
The noble Viscount said: My Lords, this amendment was spoken to with Amendment No. 2. I beg to move.
On Question, amendment agreed to.
Lord Greenway moved Amendment No. 52:
Page 61, line 14, at end insert--
("2A.--(1) With respect to applications made after the commencement of this paragraph, section 158 of the 1995 Act (limitation actions), including that section as set out in Schedule 4 to that Act, is amended as follows.
(2) In subsection (2)--
(a) for the words "and is entitled to limit it" there is substituted "but has not found that he is not entitled to limit it", and
(b) for "the limit of the liability" there is substituted "the limit which would apply to the applicant's liability if he were entitled to limit it".
(3) After subsection (2) there is inserted--
"(2A) Where--
(a) a distribution is made under subsection (2)(b) above without the court having found that the applicant is entitled to limit his liability, and
(b) the court subsequently finds that the applicant is not so entitled,
the making of the distribution is not to be regarded as affecting the applicant's liability in excess of the amount distributed."").
Page 62, line 2, at end insert--
("13A. In section 261 (improvement notices), in subsection (4)(a), after "130" there is inserted "130A"").
Page 62, line 2, at end insert--
("13B. In section 293 (functions of Secretary of State in relation to marine pollution), in subsection (2), before sub-paragraph (a), there is inserted--
"(za) the preparation, review and implementation of a national plan setting out arrangements for responding to incidents which cause or may cause marine pollution with a view to preventing such pollution or reducing or minimising its effects;"").
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