Lloyd's Maritime and Commercial Law Quarterly
“SAFER SHIPS, CLEANER SEAS”: THE REPORT OF THE DONALDSON INQUIRY INTO THE PREVENTION OF POLLUTION FROM MERCHANT SHIPPING
Mark W. Wallace *
The Donaldson Inquiry into the Prevention of Pollution from Merchant Shipping concluded that ship safety and environmental protection were closely linked and made over 100 recommendations to the United Kingdom Government. This article briefly reviews the main findings of the Inquiry and considers the likely impact of its Report, Safer Ships, Cleaner Seas.
Background: The Braer incident
The sinking of the m. v. Braer made headlines around the world. On 5 January 1993, the 17-year-old Liberian registered tanker went aground at Garth’s Ness, on the south-west coast of the Shetland Islands, laden with 84,700 tonnes of Norwegian Gullfaks crude oil, in addition to around 1,600 tonnes of heavy fuel oil bunkers. The incident was the 11th largest known oil spill in the world,1 creating a barrage of media interest. However, the chemical composition of the Gullfaks crude, being of a lighter, more volatile nature than other crude oils, meant that most of the oil quickly evaporated. The much feared long-term consequences to the marine environment thus never materialized, with the Islands quickly reverting to near pre-spill conditions. Government scientists found that the oil concentrations in the water, which were 1,000 times background levels on 5 January, were back to normal as early as mid-January.
The Shetland Islands Council has estimated that the cost of the spill to the Islands will be around £50 million.2 Other costs arising from the spill include a U.S. $9 million compromise payment made by the protection and indemnity club of the Braer, Assuranceforeningen Skuld, for the loss of the cargo. Payment had already been made by cargo underwriters for the loss of the Gullfaks crude valued at $14 million, but the fault on the part of the owner and crew meant that the cargo underwriters did not have to bear the full cost without recovery.3
The cause of the spill
The report of the Marine Accident Investigation Branch (MAIB) of the Department of Transport (DTp) concluded that engine failure resulting from contaminated fuel had been
* Researcher, Cardiff Law School. Thanks go to Dr Lynda Warren for the assistance and encouragement given in the writing of this article.
1. Lloyd’s List, 21 January 1994, p. 3.
2. The Times, 5 January 1994.
3. Lloyd’s List, 14 January 1994, p. 12.
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