LAW
THE ENFORCEMENT UNIT The Enforcement Unit gains most of its powers from the provisions of the Merchant Shipping Act 1995 together with Regulations made thereunder. It is often quoted that there are more offences that can be committed by a seafarer going to sea than a driver taking his car on the road. Whilst this may or may not be the case it is certainly true that marine regulatory offences are often technical in nature and require specialist advice. Quite apart from anything else it helps if there is an understanding of basics such as marine terminology practice and procedure. The enforcement officers will certainly know the marine environment back to front and it is therefore essential that those advising ship owners or wind farm operators are similarly well informed.
In addition, it should be noted that although it is the MCA Enforcement Unit which is investigating this will nevertheless be a criminal investigation in just the same way as if it were a police investigation. All the same rules concerning legal privilege, disclosure of evidence and the protection of human rights apply to those being investigated by the MCA Enforcement Unit, as they do to somebody being interviewed by the police for an offence such as theft, murder or manslaughter. Again there is therefore need for specialist advice relating to the operation of the criminal law.
MARINE ACCIDENT INVESTIGATION In addition any marine casualty will be investigated by the Marine Accident Investigation branch, which has sweeping powers to investigate marine casualties and incidents. However, its role is to investigate incidents with a view to disseminating information and learning lessons so as to prevent similar incidents in the future.
These reports cannot be used in a court of law but nevertheless its investigations can often lead to issues which are relevant to the MCA’s criminal investigation. It is not uncommon for matters arising from the MAIB investigation to transport themselves into a case which eventually becomes before a criminal court.
In limited circumstances the HSE may well have powers of investigation, especially relating to incidents occurring on turbines of offshore structures or incidents occurring in port, or on gangways and ramps from port side facilities to a vessel. It should also not be forgotten that Port Authorities will have some rights to commence criminal investigations and bring prosecutions for offences contrary to port byelaws.
SUMMARY
In the unfortunate event of an incident it is likely that all of the potential regulating authorities will descend at the same time and there are memorandums of understanding between them as to which one has precedence – although it should be noted that this isn’t always followed.
Specialist maritime knowledge coupled with experience and knowledge of the criminal law is an important factor in protecting the interests of everybody who may be involved with an incident occurring on an offshore support or transfer vessel.
Andrew Oliver
Andrew Jackson Solicitors
www.andrewjackson.co.uk
Click to view more info
www.windenergynetwork.co.uk
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