Committee
Transport and the Environment Committee, 18 Mar 2003
18 Mar 2003 · S1 · Transport and the Environment Committee
Item of business
Railways and Transport Safety Bill
There are a number of important points. First, to clarify my answer to Maureen Macmillan, the consultation will be on areas of exemption such as for a yachtsman who has anchored in Tobermory bay, goes ashore for the evening and then rows back out to the vessel. Clearly, an exemption should be considered for the process of getting from the harbour to the vessel using another vessel. Where a vessel is moored, there is no question of the legislation applying. The provision will apply to "a ship which is under way". That is the key phrase. In other words, a vessel that is moored will not, by definition, be covered by the bill. I hope that that provides reassurance.You ask about the type of vessel. As I mentioned, the ambiguity in the law arises from a court decision that was made south of the border. Whether a jet-ski is or is not a ship is ambiguous, because the question relates to whether one sits in a vessel but on a jet-ski. That may seem an obscure point, but in that sense there is no ambiguity about the status of a rowing boat—it is a vessel, so it is a ship in terms of the Merchant Shipping Act 1995. The question whether an exemption should be applied to a person rowing a rowing boat—in other words, when the boat is under way—will be covered by the regulations. Clearly, however, a rowing boat that is not under way would not be covered, just as no other vessel at mooring would be covered.Finally, the consultation has been conducted by the Department for Transport and I understand that it has been wide ranging. It has included the police, who would be the enforcement agency, as well as those who are involved in the industry.
In the same item of business
The Convener:
Lab
I welcome to the Transport and the Environment Committee, for the last time in this parliamentary session, I suspect, the Deputy Minister for Enterprise, Tra...
The Deputy Minister for Enterprise, Transport and Lifelong Learning (Lewis Macdonald):
Lab
I am grateful to the committee for allocating time for the consideration of the Sewel motion, which relates to important issues concerning drug and alcohol t...
Elaine Thomson (Aberdeen North) (Lab):
Lab
I am sure that many people will welcome the bill, which will go a long way towards improving maritime safety. The minister will be well aware of the difficul...
Lewis Macdonald:
Lab
The answer to your first point is straightforward. The rules will be enforced on the same basis as alcohol testing is enforced on the roads. A person may be ...
Maureen Macmillan:
Lab
The bill reminds me of an incident from my past involving the Ballachulish ferry on new year's day, a bottle of Chivas Regal drunk on the north side and a fe...
Lewis Macdonald:
Lab
There are a number of questions there. You are right that it would be unfortunate and not the intention if the bill resulted in an end to entertaining times ...
Bruce Crawford:
SNP
Given that the issue is one of criminal law, why has the Sewel motion come to the Transport and the Environment Committee and not to one of the justice commi...
The Convener:
Lab
The Sewel motion will be considered by the full Parliament; our discussion of the motion is merely in order to aid that consideration. The motion has come to...
Bruce Crawford:
SNP
I understand that. However, the issue consists of huge chunks of criminal law. I would have thought it appropriate to give one of the justice committees the ...
Lewis Macdonald:
Lab
There are a number of important points. First, to clarify my answer to Maureen Macmillan, the consultation will be on areas of exemption such as for a yachts...
Bruce Crawford:
SNP
Did those who were consulted in Scotland include the organisations that are involved in recreational activities on our inland waterways, such as those who us...
Andrew Maclaren (Scottish Executive Development Department):
My understanding is that the UK consultation encompassed Scottish organisations. For example, the Royal Yachting Association Scotland is an off-shoot of the ...
Lewis Macdonald:
Lab
The Royal Yachting Association is one of our standard consultees. I am sure that the Scottish Fishermen's Federation is another.
Bruce Crawford:
SNP
That does not include anglers, however. The biggest participatory sport in this country is angling. Were anglers consulted? They are a key group. We should t...
Lewis Macdonald:
Lab
I expect that when the Department for Transport consults on exemptions, it will take a commonsense approach. One aspect that it is considering is the exempti...
Robin Harper:
Green
Do you have up-to-date figures on the number of accidents caused by jet-skis? Can you reassure us that the intention of the secretary of state under part 4 o...
Lewis Macdonald:
Lab
To take the second question first, yes, it is intended to extend the definition of "ship" to cover that anomalous point. On accidents, I refer to a couple of...
The Convener:
Lab
If there are no more questions, that concludes our consideration of the issue. There is no provision under standing orders for the committee to report on the...