We have had a wide-ranging debate on clause 2 and on the amendments, to which the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) spoke ably, as ever. Let me say at the outset—I know that the hon. Gentleman accepts this, but I want to put it on the record—that the Government will do nothing in legislation that would in any way endanger safety as sea. Only a mad hatter would believe that we would do anything that mad.
I listened carefully to the comments of my hon. Friend the Member for Shipley (Philip Davies), who, as ever, has been thorough in his investigation and exploration of the clause we are considering. I hope that he is reassured by some of the helpful assurances that I was able to give the hon. Member for Ellesmere Port and Neston (Andrew Miller) on Second Reading and in Committee. For example, I was able to say that the Government would reconsider the clause and bring forward amendments on Report, as we are today.
Let me deal with each amendment in turn. Amendment 1 would leave out clause 2. I am grateful to the hon. Member for Poplar and Limehouse for setting out his reasons for tabling the amendment. As with other amendments that have been proposed, alternative definitions of who should hold a PEC have become the crux of what we are debating. The existing restriction limiting the issue of PECs to masters and first mates only no longer reflects maritime operations. For example, many ships and ferries making short voyages no longer have a single master or first mate, because they need to be able to keep the ship almost constantly active. On longer routes, where it is more likely that there is a single holder of each of those roles, there is often the risk of fatigue.
There will always be the alternative for a master to take on board a marine pilot if circumstances mean that none of the PEC holders on the ship is available to pilot it because of the hours worked or limited crew numbers, but if a suitably qualified person is available, it cannot be justifiable that, simply because they do not have the right title, they should not hold a PEC and pilot the ship.
Both the hon. Member for Poplar and Limehouse and my hon. Friend the Member for Shipley suggested that the clause was being introduced solely to satisfy the demands of a small number of operators of dredges on the River Thames. I say gently to them that that explanation is like the fish that is so rarely caught on the River Thames: the red herring. It is simply not the case—[Interruption.] I am glad my hon. Friend the Member for Worthing West (Sir Peter Bottomley) enjoyed that joke; this is a serious matter and there are few opportunities for levity.
The UK Chamber of Shipping has highlighted its desire to see that change in the UK ferry industry. It considers that recognition of the expertise that already exists on its ships will improve the flexibility and efficiency of operations. The industry is also looking ahead and training younger officers so that they are ready to fill senior roles in coming years, recognising that a large proportion of officers are approaching retirement in the next five years. Clause 2 supports the aspirations of those young officers by offering the opportunity to apply for a PEC when they are ready and able to do so,
rather than just holding them back because of a job title. I hope that the hon. Member for Poplar and Limehouse, on reflection, will consider withdrawing amendment 1.
I am also grateful to the hon. Gentleman for explaining the problems he is seeking to address through his other amendments to clause 2. I have already stated that the maintenance of maritime safety must be our key concern. That is why I think that the Bill contains three balanced clauses relating to the management and usage of PECs. I firmly believe that competent harbour authorities would not issue a PEC to unqualified individuals. The hon. Member for Ellesmere Port and Neston will remember the clarification that I was able to give him on Second Reading and in Committee about exactly when a PEC is in operation.
Further, the Bill does not remove or amend in any way the essential safeguard whereby competent harbour authorities may only award a PEC to those whose
“skill, experience and local knowledge”
is sufficient to pilot the named ship or ships to which the PEC applies. The amendments would prevent the deck officers who have that skill, experience and local knowledge from holding a PEC merely because they are not a master or first mate. The addition of a senior navigating officer would not, in practice, extend the restriction at all. Aside from the fact that the definition of the term would be somewhat imprecise, common usage would associate it with what most people call the chief mate under the international convention on standards of training, certification and watchkeeping for seafarers. The term “deck officer” is well known and makes it clear that PECs can be held only by crew members who are regularly tasked with the navigation of the named ship. This definition can be supported by guidance in the co-produced port marine safety code and the accompanying guide to good practice about the qualifications that deck officers are likely to have achieved before they are ready to take the PEC exam. Clause 2 amends the criteria in the Pilotage Act 1987 for those who are eligible to be granted a PEC. At the moment, an applicant must satisfy the criteria that they must be a bona fide master or first mate and must demonstrate the skill, experience and knowledge sufficient to be capable of piloting the ship specified within the harbour to which the PEC applies. Let me be clear: the clause amends only the first criterion; the second is entirely unaffected by the Bill and remains a vital safeguard to ensure that competent harbour authorities issue PECs only to mariners who can demonstrate that they can safely navigate the ships specified on the PEC. That addresses several of the points made by hon. Friend the Member for Shipley. He should be absolutely clear about the fact that the PEC can be issued only to mariners who have the necessary skill and that it applies only to a specific harbour. I hope that he will reflect on that and recognise that the Bill does not affect the issue at all. All that clause 2 changes in relation to the Pilotage Act is the definition.
Let me turn to the Government amendments. The Government propose that we use the term “deck officer” rather than the terms suggested in other amendments. In Committee, I gave a guarantee that given the importance of this matter to maritime safety, we would give further consideration to exactly what might be the best terminology. The current terminology for such crew as would be
appropriate for the qualification of a PEC is “deck officer”, which enjoys the following dictionary definition:
“an officer in charge of the above-deck workings and manoeuvres at sea of a ship or boat.”
I suggest that that covers several of the concerns expressed by the hon. Members for Poplar and Limehouse and for Ellesmere Port and Neston.
Members have suggested qualifying terms such as “senior” or “certified” deck officer. However, those do not have the required clarity and are not in common usage, and would therefore maintain the current restriction. I was interested in the term “management-level deck officer” and accept that it could have some merit, but again, it is not in common usage. There may or may not be such a definition in maritime law, but there is no clarity about that.