My Lords, I am grateful to the noble Baroness for her amendment. This again touches on an issue that I am sure we can all agree is of great importance. The Merchant Shipping Act 1995 has special provisions for assisting vessels in distress. These provisions allow for any UK or foreign vessel that is wrecked, stranded or in distress at any place on or near the coast of the United Kingdom or any tidal water within UK waters to receive any assistance required. In addition, Articles 17 and 18 of the United Nations Convention on the Law of the Sea allow for the right of innocent passage, which applies to all ships of all states, to territorial seas——between 0 and 12 nautical miles—and to the exclusive economic zone, which is between 12 and 200 nautical miles, or the median line. Passage in this instance means navigation through the territorial sea, anchoring or stopping in territorial waters in cases of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
For example, in poor weather, foreign vessels can stop fishing and shelter behind a headland to escape the worst of the wind and waves. According to the MMO, it is a common occurrence, especially in east and south-western areas and in Northern Ireland waters, to allow vessels safe navigation and passage. Through this existing legislation, we have a duty to provide shelter in our waters and in our ports so that vessels
may deal with injuries, replenish their provisions and refuel; and also to allow them safe transit through our waters to reach more distant fishing grounds. Therefore, foreign vessels that need to access UK waters to get to their fishing grounds, or where there is a concern over danger to life or property, will continue to be able to do so. Any further exceptions will be agreed in international arrangements or set out in vessel licence conditions. This is already provided for in Clause 12(1).
I thank the noble Baroness for her explanation, but I regret that the second part of the amendment, which allows the Secretary of State to prescribe other reasons by regulation, is rather broad and potentially could be a catch-all. Additionally, as drafted, the breadth and ambiguity could cause challenges within the devolution settlements, depending on how broadly or narrowly the reasons were interpreted. I believe that the matter that this amendment relates to is covered in legislation already. With this explanation, I hope the noble Baroness will feel able to withdraw her amendment.