Marine and Coastal Access Bill [HL]

The wording of Clause 83 comes straight out of the Food and Environment Protection 1985, which is a very small Act with fewer than 30 sections, unlike this Bill which has 300 or so clauses. I have been involved in the London insurance market for more than 25 years. I should like to think that the loss of cargo, together with the cost of clean-up and other related liabilities, was covered by insurance. When I read these amendments I was not sure where the noble Lord, Lord Greenway, was going with them, so I was pleased to listen to his speech on them. I have racked my brain to see how securing cargo can lead to a damaging activity that can be defensible, other than damage caused when acting in accordance with instructions given by the Secretary of State’s representative—otherwise known as SOSREP. I remind the Committee that SOSREP was an appointment set up following Lord Donaldson’s 1990s report, Safer Ships, Cleaner Seas, whereby SOSREP manages marine emergencies. In the event of an impending disaster, after negotiation, SOSREP will issue instructions to minimise or avoid any damage. The instructions may be to run to port, or to run aground if the ship is about to break up. I seek an assurance that a person has a defence if he acts within SOSREP’s intent, thereby trying to secure the cargo’s safety.