Merchant Shipping Pollution Bill [HL]

My immediate response to the noble Lord, Lord Bradshaw, is that if such a non-flag ship entered our waters, it would have to have a certificate of insurance. I think that we discussed that at Second Reading. To be able to enter our waters legally, such a ship must have a certificate of insurance. I shall now respond to the points made by the noble Lord, Lord Hanningfield. The Government intend that the UK should ratify the Supplementary Fund Protocol as soon as possible. Following ratification the protocol will enter into force in respect of the UK three months later. The necessary administrative arrangements are already in place, as they will remain the same as those that exist in respect of the existing fund convention, which has been in force since 1978. If the Bill is passed, the Supplementary Fund Protocol can be fully implemented in the UK within a very short period. That is why we do not think that an annual progress report is appropriate. We looked at the timetable earlier today. By the time, for instance, the Supplementary Fund Protocol is fully implemented, there would be only a very short annual report of one sentence saying, ““The Supplementary Fund Protocol has been implemented””. As I understand it, there would be nothing else to say in that report. The noble Lord may also be interested in tracking the progress of ratification by other states—that was the thrust of his call for an annual report. He will be aware that the protocol has already been ratified by, I believe, 11 member states, with more expected to follow suit shortly, as the noble Lord, Lord Hanningfield, said. So, the protocol has already been brought into force internationally and our task is to catch up—to join the club—and to receive the benefits. What would an annual report say? It would say, ““We have joined””. That is another short sentence. The Secretariat of the International Oil Pollution Compensation Funds publishes an annual report, which contains extremely useful information. As well as providing details of the states that have joined the regime each year, it provides a great deal of useful information on oil spills that have occurred and on compensation that has been paid. As my noble friend Lord Clinton-Davis said, should noble Lords wish to question the Government and hold them to account, there is plenty of ammunition in that annual report for Members to raise in questions and debates in both Houses. In fact, it provides more information than we could reasonably include in a report to Parliament. I have, therefore, arranged for copies of the fund’s annual report to be placed in the Libraries of both Houses, when they are published. I shall also arrange for copies of the most recent report, for 2004, to be placed in the Libraries—alongside the fund’s claims manual, which, noble Lords may have seen in the Library since Second Reading. Those documents provide a wealth of information and I hope that noble Lords will have a good look at them. The noble Lord, Lord Hanningfield, mentioned the other countries. Not all countries wish to be parties, as the supplementary requires all states to make a minimum contribution. The flag states mentioned by the noble Lord are not major importers of oil and the importing states pay the highest contributions. The UK will be protected, even if a ship of a non-state party is involved. The noble Lord, Lord Bradshaw, asked whether proper procedures were in place for offloading waste prior to the setting up of the fund. The answer is in the affirmative. Regulations are in force that would oblige a ship to offload its garbage to shore reception facilities prior to its departure from the UK. It is also a requirement for ships to advise, prior to arrival, if they intend to offload garbage, which does not include non-biodegradable items. I hope that that answers the questions put by the noble Lord, Lord Hanningfield, and that he will withdraw the amendment.