Lloyd's Maritime and Commercial Law Quarterly
SAILING TOWARDS CONSOLIDATION
The Merchant Shipping (Registration, etc.) Act 1993
In order to facilitate the expected consolidation in 1994 of the Merchant Shipping Acts 1894–1988, it has been necessary to enact a certain number of preparatory provisions. The Merchant Shipping (Registration, etc.) Act 1993 (“the 1993 Act”) is the main legislative vehicle for such changes, although a private member’s Merchant Shipping (Salvage and Pollution) Bill was introduced on 28 January 1994 to enable ratification of the 1989 Salvage Convention, the International Convention on Pollution Preparedness and Response 1992 and the 1992 Protocols to the Civil Liability Convention 1969 and the Fund Convention 1971.1
It is a significant, and somewhat shocking, feature of current legislative practice that an influential maritime state, such as the United Kingdom, has to introduce major reforms to its maritime law through the medium of private members’ Bills and not as official government legislation. The 1993 Act and the Carriage of Goods by Sea Act 1992 are both examples of this practice. The Department of Transport has been fortunate that members of Parliament have been persuaded to use their place on the ballot for private members’ Bills for such politically unrewarding legislation. Nevertheless, technical law reform relating to commerce, safety or the environment ought to be part of the normal legislative programme of the government of any state and should not be dependent on such bizarre Parliamentary machinations as a government “hand-out” bill. The Merchant Shipping (Salvage and Pollution) Bill will even be used for the incorporation of international Conventions, a function normally reserved for government bills. The matter is more than one of theoretical principle alone, for there is far less opportunity in practice for reasoned debate to take place over, and informed amendments to be made to, private members’ Bills and there will be far fewer resources available for preparation than with a government Bill. There is a reluctance to introduce necessary, but potentially controversial, amendments because of the threat that any delay will bring down the whole Bill—despite goodwill on both sides of the House. An example of this in the 1993 Act is that there was no attempt to reverse the decision in The Shizelle,2 which leaves the buyers of unregistered ships such as yachts at risk of having unregistered and undiscoverable mortgages enforced against them.
1. See N. J. J. Gaskell, “The Enactment of the 1989 Salvage Convention in English Law: Policy Issues” [1990] LMCLQ 352, “The International Convention in Salvage 1989” (1989) 4 IJECL 268, “Compensation for Oil Pollution: 1992 Protocols to the Civil Liability Convention and the Fund Convention” (1993) 8 International Journal of Marine and Coastal Law 286.
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