Hugh Shaw The UK Secretary of State s Representative Maritime Salvage & Intervention. BTA Annual Conference, Bristol 7 April, 2011

Transcription

1 SOSREP - Working in Partnership with the Tug Industry Hugh Shaw The UK Secretary of State s Representative Maritime Salvage & Intervention BTA Annual Conference, Bristol 7 April, 2011

2 Key Milestones

3 TORRY CANYON 1967 Intervention Convention [1969]

4 AMOCO CADIZ

5 BRAER Shetland 1993

6 Temporary ETV Provision

7 SEA EMPRESS 1996 Introduction of the SOSREP (1999)

8 Lord Donaldson s Review 1.The Trigger point is when there is a threat of significant pollution to the UK s pollution control zone, territorial waters or coastline; 2.Response to the threat of pollution from or involving an offshore installation to be compatible with same from shipping casualty

9 Lord Donaldson s Review 3. MCA as a whole should play a much larger part in operations in response to a threat of significant pollution than has been the case in the past ; 4. Involvement of Ministers in Operational decisions is not a practicable option

10 Lord Donaldson s Review There should be ultimate control of salvage by a Secretary of State s Representative acting in the overriding public interest - SOSREP -

11 The SOSREP Function One person to act as representative of Secretary of State (s) Free to act without recourse to higher authority Ultimate & Decisive voice Can exercise Ultimate control Cannot choose to ignore a situation Tacitly approves all actions Whilst operations are in progress Must be Backed or sacked

12 Four Main Theatres of Activity Search and rescue Salvage - control and containment of the cause of threat Clean up at sea Clean up of the shoreline

13 ETV Contract Awarded to Klyne Tugs 2001

14 Coastguard Agreement for Salvage & Towage (CAST-2002)

15 European ETV Deployment

16 New Legislation The Offshore Installations [EPC] Regulations 2002 Marine Safety Act risk to safety - persons in control of land + facilities EU Directives SOSREP Competent Authority for Places of Refuge

17 Role of the SOSREP To represent the Secretaries of State for Transport and Department for Energy and Climate Change by removing or reducing the risk to persons, property and the UK environment arising from accidents involving ships, fixed or floating platforms or sub-sea infrastructure within UK waters, within the remainder of the UK Pollution Control Zone (UK PCZ) and on the UK Continental Shelf. - Introduction to Maritime Counter Terrorism

18 Dealing with an Incident High Profile / Salvage

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28 Breakdowns & Intervention

29 Existing Arrangements MCA DCPSO task ETV to proceed casualty Following risk assessment ETV Contractor permitted to seek commercial contract in competition with other tug operators/brokers SOSREP ability to direct Master to accept line. [IC, FC Direction] SOSREP ability to request ETV to put line on board seek payment via arbitration Salvage Convention 1989

30 Current ETV Capability 24 hour availability Well practiced communications and exercises with UK Coastguard & French Prefecture Maritime Specialist expertise of the vessel s officers and crews. The importance of experienced and rehearsed team-work and co-ordinated action that is both safe yet able to take advantage of the precise moment when a connection can be made.

31 In the last twelve months alone the ETVs have played a major role not just in salvage but also in fire-fighting, flooding control, casualty evacuation, search and rescue, pollution counter-measures, recovery of floating debris, anchor-handling, vessel escort and hydrographic surveying.

32 Government Decision not to renew ETV Contract Sep 2011 MCA no longer have ability to mobilise tug as a precautionary measure without potential for delays between Master, Brokers, Insurers, SOSREP and/or other parties SOSREP retains ability to direct Master to accept a line from a suitable tug SOSREP has ability to take such action as it appears to him necessary or expedient for the purpose for which the direction could have been given or was given. SOSREP no ability to direct a commercial tug to place a line on board a casualty.

33 Lord Donaldson Intervention Omissions 1. Referred to persons owning or managing berths, wharfs or jetties to which the ship might be taken. 2. The local authority whose area might be affected by pollution from the ship. 3. Referred to those who may be able to render salvage services, the potential salvors of the vessel. Govt accepted that, at least when a potential salvor is not a United Kingdom subject, it is not possible to legislate to empower the Secretary of State to require him to render salvage services. Accordingly, we recommend no change in this respect.

34 Way Forward Transport Select Committee 24 April 2010 Need for MCA to revisit existing procedures and protocols. CAST been used in a handful of incidents since 2002 will we see an increase in its use? Is there a need for the MCA to develop a new or use another contract with tug owners/operators? What standards/training are in place for emergency towing? Will commercial tug owners/salvors act under direction of the SOSREP and seek award through arbitration under International Convention on Salvage, 1989? Vessels of Opportunity Fit for Purpose - Bribery Act 2010.

35 Thank You for listening. Any Questions?