Instruments drawn to the special attention of the House
Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020 (SI 2020/501)
Date laid: 18 May 2020
Parliamentary procedure: negative
These Regulations update the UK’s international obligations under Chapter III of the International Convention for the Safety of Life at Sea 1974 (“SOLAS”) to ensure that the most up-to-date equipment and arrangements for saving life at sea are used on board ships on international voyages. They also impose safety requirements for other ships, including pleasure vessels of more than 13.7 metres in length, in relation to lifeboats, life jackets and other safety equipment.
We have previously noted that the Department for Transport (DfT) has an extensive backlog of unimplemented legislation: the oldest amendment that this instrument brings into law was adopted on 4 June 1996. While future amendments to SOLAS will be implemented directly using an “ambulatory reference”, the volume of past amendments unincorporated remains large. A letter is published in Appendix 1 of this report setting out DfT’s current plans to rectify this. While this instrument represents a step in the right direction the extent and longevity of the backlog provides a continued cause for concern.
These Regulations are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
1.These Regulations update the UK’s international obligations under Chapter III of the International Convention for the Safety of Life at Sea 1974 (“SOLAS”) to ensure that the most up-to-date equipment and arrangements for saving life at sea are used on board ships on international voyages. They also impose safety requirements for other ships, including pleasure vessels of more than 13.7 metres in length, in relation to lifeboats, life jackets and other equipment, all of which must comply with the standards in the International Life-Saving Appliance Code. Specific requirements for all these ships are set out in Merchant Shipping Notice 1676 (Amendment 1),1 which is made mandatory by these Regulations which make any failure to comply with it a criminal offence by the owner and master.
2.These Regulations revoke and replace the previous implementation of Chapter III of SOLAS set out in the 1999 Regulations,2 which were last amended in 2004. Although the Explanatory Memorandum refers to the most recent requirements which came into force on 1 January 2020, the Department for Transport (DfT) admits that the oldest previously unimplemented amendment that this SI brings into law is MSC.47(66) which was adopted on 4 June 1996. We find the extent of DfT’s backlog of legislation a continuing cause for concern.
Ambulatory reference
3.These Regulations now include an ambulatory reference provision, which means that future technical amendments to Chapter III of SOLAS will be automatically incorporated into UK law without the need for an amending SI. This power, contained in section 306A of the Merchant Shipping Act 1995, was inserted by the Deregulation Act 2015. It means that, although Parliament will be able to consider the instrument that initially introduces the ambulatory reference (as in the current Regulations), subsequent amendments to the legislation will be implemented directly. However, DfT states that future relevant amendments to Chapter III of SOLAS, and all other Convention amendments, will be published in advance of their in-force date by means of a Parliamentary Statement to both Houses of Parliament and by the Maritime and Coastguard Agency by way of a Marine Guidance Note.
Progress on the Backlog of Maritime Legislation
4.The Committee has previously criticised DfT for having a significant backlog of legislation to implement.3 While this instrument represents a step in the right direction, the extent and longevity of the backlog provides a continued cause for concern.
5.In a letter published in Appendix 1 of this Report, the Department has provided us with an update on its progress in reducing the backlog and its plans for bringing forward the necessary legislation in the next few years. While understanding that Brexit and the current pandemic have delayed the initial programme, we remain disappointed that DfT allowed such a backlog to arise in the first place and that its progress in addressing it remains so slow.
1 MSN 1676 laid with the Regulations, see: http://www.legislation.gov.uk/uksi/2020/501/pdfs/uksiod_20200501_en.pdf.
2 Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III to VI(A)) Regulations 1999 (SI 1999/2721).
3 See Correspondence in Appendix 1 of 21st Report Session 2017–19: https://publications.parliament.uk/pa/ld201719/ldselect/ldsecleg/88/8807.htm.