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Draft Overarching National Policy Statement for Energy (EN–1)

For the benefit of the House, I thought that I would clarify that we are talking about two different regimes. Encouraged by noble Lords, I come to the issue of marine safety. Regulation for safety of LNG tanker movements is a separate matter for the harbour authority. Specific duties apply to all statutory harbour authorities, which are set out in the port marine safety code. It is not a mandatory code, but there is a very strong expectation by the Government and by other regulatory authorities that harbour authorities will comply with it. Failure to comply with the code may be relevant in determining whether the harbour authority is in breach of certain legal duties. In order to comply with the code, harbour authorities must have an effective marine safety management system which employs formal risk assessment techniques to manage their marine operations. The system should ensure that there is proper control of ship movements within harbour waters, should protect the general public from danger arising from marine activities within the harbour and prevent accidents or emissions that may cause personal injury to employees or others. My understanding is that LNG shipping has an exemplary safety record. In more than 44,000 loaded voyages, there has never been an incident that has resulted in the loss of containment of LNG cargo. The noble Lord mentioned the Marine and Coastguard Agency. That monitors and enforces the certification regime and international standards apply to ships used to transport LNG into the UK. While all UK harbours have a duty to maintain an open port, the port authority has duties to direct vessels and to prohibit entry of vessels which are dangerous or which are carrying dangerous goods. The master of the vessel is responsible for the safety of the vessel. In the case of Milford Haven, Milford Haven Port Authority is responsible for managing operations within the port safely and efficiently. The Secretary of State can intervene if an accident occurs and there is a risk to safety or a risk of pollution by hazardous substance. Harbour authorities are accountable for safety in their waters; they have a duty to conserve and facilitate the safe use of their harbour and powers to direct vessels. Ultimately, of course, anyone can challenge the decision of the harbour authority by judicial review. The Secretary of State’s representative can intervene if there is a significant incident which risks significant pollution or threatens safety. In future it is possible, of course, that the Secretary of State may have powers of intervention to direct a port if it is acting unsafely. It is one of the proposals on which we consulted for the draft marine navigation Bill. The intention, if that Bill is brought before a future Parliament, is that the power would be used only in exceptional circumstances and after first consulting the harbour authority. There is clearly a combination of national and local legislation which affects the movement of vessels in harbour waters, especially those which carry dangerous cargo. I am sure that this is not going to satisfy the noble Lord, Lord Crickhowell, but I have tried to set out how we see statutory regulation applying. I know that he is suggesting that we, at the very least, give minimal signposts in the NPS to this position. While I cannot see a case for making these requirements part of the national policy statement, I have taken his point about the need for there to be a clear signpost to where the duties, for instance, of the harbour authority are set out. I assure him that I will consider that and see how that might be done.