119th Conference 2006

January 15th, 2007 by JCB
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CONFERENCE 2006

2006 saw delegates back in sunny Eastbourne for the 119^th annual conference at the T&G centre. The following is a brief account of proceedings but the minutes of the proceedings will shortly be uploaded onto the members’ area of the UKMPA website along with the presentations made. If you have not already registered for access to the members’ area please do so at www.ukmpa.org. As well as the conference detail all the circulars are available and the website is now the prime information source for the Association. This year the conference was arranged such that all the “closed session” UKMPA presentations and discussions were held on day 1 with presentations and discussions with outside bodies held on day 2.

PNPF:

The first session on day 1 is always PNPF and Debbie Marten opened the proceedings with a PowerPoint presentation which she used to provide the latest information regarding the PNPF Secretariat and an explanation of the Government’s White paper on pensions. Other issues covered by Debbie included information on the following:

· Scheme Specific Funding (which has replaced the previous MFR method of fund valuation)

· Trustees

· Investments

· Age discrimination Levies

· Pension reform.

Richard Williamson, Boston pilot & Chairman of the PNPF

Trustees – Richard opened his presentation by providing a brief history of the PNPF from its inception in 1971 to the present in order to provide members with an understanding as to how the relationship between the Ports and pilots had evolved and how this relationship with the ports affected the fund valuations. Following this introduction Richard provided a detailed breakdown of the fund, its membership, investments, assets and liabilities and explained how the current deficit was being addressed. Although the deficit was reducing there may be a need for the regulator to become involved in 2007. During the subsequent Q&A session Richard answered questions on the deficit, deferred pensions, voluntary contributions and revealed evidence that some ports with self employed pilots were seeking to claw back their payments from the pilots. Many of the questions revealed some confusion over the role of pilot fund members also acting as trustees and as a clarification Richard has provided an article which replaces Debbie Marten’s normal Pension Report on page 6.

MAIN SESSION:

Chairman Joe Wilson opened the conference and two minutes silence were observed for the pilots who had died during the past year. Joe explained that he had invited the shipping Minister Dr. Stephen Ladyman to speak at the conference and read out a letter from the Minister expressing his apologies for being unable to accept.

Chairman’s report: (Updated January 2007)

Firstly, let me wish you all a Happy New Year, is it me, or do they really pass by faster as you get older?

Conference in Eastbourne did go ahead, although at one stage, with only 30 pilots attending, I did think of having to cancel it due to lack of interest. In the end there was a maximum of 47 pilots (including section committee). I understand that there are a lot of districts that do not have sufficient numbers to allow someone to attend, and there is little we can do about that. I am still waiting for the final minutes, and once they are approved each district secretary will be sent a copy, and, of course, they will be on the web site. Some of the presentations are already posted.

The format was changed this year, and only pilots attended the first day, with guest speakers on the second day. From the feedback I have received this seems to have been a good idea.

Two Resolutions were passed; the first allows for the date of Conference to be moved to April/May (depending on Easter), and the second gives section committee the remit to look at improving the administration of the Association. Therefore, the next Conference will be April/May 2008, at a date and place to be confirmed (although we are looking at Harrogate), and there will be an [more formal] Interim Delegate Meeting on September 5^th, probably onboard HQS Wellington. These will be confirmed after section committee meeting on Jan 17^th. Rule 4 was also amended and the new constitution is available on the web site. I shall be sending a new circular regarding insurance in the near future, once I hear back from underwriters.

The IMPA Congress was also held in November, and was attended by Don Cockrill and John Pearn . Some of the presentations are on the web site – in particular I would like to draw your attention to comments made by Nicolas Cooper, President of the NI. It does not make good reading from a pilots perspective, and I know that we could easily write a similar letter, but if I were to make a New Year Resolution it would be that we each, in our own little way, do something that would address the criticisms made. It would be remiss of me not to mention that Geoff Taylor stood down as President and was replaced by Mike Watson from the USA. We all owe thanks to Geoff for the considerable work he has put in over many years for all pilots. Unfortunately Don Cockrill was not elected as a Vice-President, which he is disappointed at. He will continue to look after our interests at IMPA and IMO. The first meeting of the new section committee is in a fortnight, SC is now somewhat depleted; you have already been informed that there is no representative from Region 2, or back-up from Regions 2, 4 and 6. More meetings for each of us to attend!

Belfast Pilots Ltd was formed on December 1^st, with the pilots now being self-employed. Best wishes to them. Currently only 142 active pilots have requested the log in for UKMPA web site. All important documents, circulars, incident reports are available there.

In addition to his report Joe expressed concern at the failure of region 2 to field a candidate to replace Paul Haysom on the Section Committee and at the lack of candidates standing to act as deputies in regions 2, 4 and 6. Other points raised by Joe were:

· Increased use of the new website

· Developments on the Humber dispute

· Kristian Pederson’s tribunal hearing

· Proposed changes to the conference dates and venue.

Joe concluded his report by paying tribute to Dave Devey and Paul Haysom who were both retiring from the Section Committee. Joe detailed the considerable work and achievements that they had provided to members and in enhancing the professional reputation of the UKMPA.

Financial Report: John Pretswell (Forth) John explained that there

had been a net membership gain of 2 since the last conference to 488. He then provided a detailed explanation of the printed financial report and presented the delegates with the 2007 budget and proposed subscription rate which were duly approved and seconded.

Technical & Training Committee report: Brian Wilson (Belfast)

Brian presented apologies for absence on behalf of the T&T chairman Gareth Rees and referred the delegate’s to Gareth’s printed report which is on the website.

Training: Brian explained the proposed Maritime Sector Foundation Degree (MSFD) and its relevance to future pilot recruitment. Progress had been made in gaining acceptance for the need to ensure that future pilots were well trained and qualified and the DfT were keen to formalise the process for the MSFD to lead to a pilotage qualification. Whilst the MSFD fell short of the requirements of the ECTS proposals Brian reported that ECTS was seemingly stalled within the European Maritime Safety Agency.

National Occupation Standards (NOS):

Again the DfT are keen toget these finalised and if any district is already using the NOS as part of their pilotage training programme please can you let Brian know:

bjwilson@btinternet.com

Pilot boarding and landing code:

Brian described a somewhat surreal round of discussions whereby the ports had been stalling the process and resenting the involvement of pilots. At the last meeting the handwritten original document written by past T&T Chairman (retired member Peter Russell) was shown to the ports who then had to admit defeat. Again it appears that the DfT and MCA are keen to conclude this issue. Once concluded the document will be used to re-write the EMPA recommendations on pilot transfer.

Maritime Navigation and Information Service (MarNIS):

Brian explained that he had had to withdraw from this brief and had handed it over to Nigel Allen (Southampton). The project was ongoing and Nigel’s article in the October issue of The Pilot provided the latest update.

Personal Protective Equipment:

This document, originally produced by past T&T chairman John Brown, had stood the test of time and provided a valuable reference. Brian did identify one sad and petty problem whereby an unnamed CHA had viewed the PPE

policy as a union demand rather than a Health & Safety issue! In the subsequent Q&A session questions were asked concerning ECTS, NOS, the B&L code and pilot recruitment and training. Some delegates reported a growing problem of poor quality candidates presenting themselves for interview.

DISTRICT REPORTS

The Chairman had allocated a short period for districts to present their reports. Many districts had sent their report in written format which were included in the delegates pack but Joe requested that in future it would be preferable for the reports to submitted electronically in order that they may be posted on the website. Brian Wilson took this opportunity to update the delegates on the imminent transfer of Belfast pilots into self employment (see page 11.). In particular Brian thanked Dave Devey (Liverpool) for providing the initial information and impetus which had enabled them to set up meetings with Belfast port management. Dave had then been invaluable in guiding them through the process. In a similar experience to Liverpool nearly ten years ago the relationship between Belfast pilots had gone from conflict one year ago to regaining professional respect in their dealings with senior management. Brian also thanked Joe and all the other UKMPA members who had offered varying assistance. Finally, the T&G had played an essential role by providing the necessary advice on the employment and contract issues.

John Stafford (London) provided the delegates with an update on the situation in London where the PLA had embarked on a project to remove pilotage from one of the approach channels and close a pilot station. Shipping would then be managed by VTS operators to proceed to an inner pilot boarding area with restricted sea room to embark their pilot. Pilots were involved in the working group and had provided an enormous amount of professional data in opposition to the plans which it was hoped would see the proposal eventually abandoned. Other problems had arisen over the issuing of a new Pilotage direction which, due to a drafting error had inadvertently included some previously exempt vessels. John concluded his report by explaining that the PLA had introduced an incomprehensible policy of only issuing new pilot entrants with a fixed 5 year contract. John had been frustrated at the failure of management to understand how, given the dwindling pool of qualified applicants, this policy would prevent many potentially good candidates from even applying for an interview.

ELECTIONS

The section committee members listed on page 14 were elected during this session. During general discussion Joe expressed concern at the lack of a candidate from region 2 and also the lack of deputies in regions 2, 4 & 6. Although this shortfall was permitted under the rules it would result in an additional workload being placed on the existing SC members.

RESOLUTIONS

Two resolutions (full text on the website) concerning moving the dates of the annual conference and interim delegate’s meeting and a proposal to consider employing a permanent administrator were both passed. Two rule changes clarifying membership of the T&GWU, EMPA and IMPA and the linking of membership to the insurance cover were also approved by the delegates.

UPDATES

Kristian Pederson:

Dave Devey provided delegates with full details of the employment tribunal case concerning Kristian’s dismissal for gross misconduct by ABP following his refusal to be overcarried outside his district. Kristian was represented by Barrie Youde who presented very strong legal arguments in support of Kristian but although the evidence was very much in Kristian’s favour, once again a case was lost due to the total failure of the 1987 Pilotage Act to offer any form of protection for a pilot’s authorisation.

Humber:

Dave Devey explained the latest situation regarding the Humber dispute where he was able to report some positive developments. Once again Barrie Youde was representing the Humber pilots and a legal process against ABP for “Misfeasance in Public Office” had been instigated. Legal opinion is that the Humber pilots have a very strong case and it is possible that a court case may commence in 2007.

IMPA Don Cockrill (London):

Don stated that he was attending the IMPA congress in Cuba and had put his name forward for one of the Vice President’s positions at the elections. One of his priorities was to establish the cause of the loss of a pilot cutter in Uruguay which had resulted in the deaths of the crew and two pilots. Don went on to explain that IMPA was hoping to host the 2012 IMPA congress in London and that although the UKMPA would not be involved in the organisation or funding it was hoped that UKMPA members would offer their support for the initiative. Because the UKMPA Section Committee would be involved and some initial small expenditure of UKMPA funds may be required then Don just needed to gauge whether the delegates approved of the idea. This was confirmed by those present.

INSURANCES

At the request of London the last session of the afternoon was reserved for a discussion on the insurance aspect of membership.

Some members in London and Harwich had questioned the need for separate insurance cover because they believed that they were adequately covered by their CHA’s policy as employees. Although none of the pilots who objected to the insurance element of the insurance attended the debate their concerns were presented to the delegates and debated in detail. The key factors to emerge were:

· Whilst undertaking an act of pilotage a pilot is not an employee of the CHA but an independent professional effectively employed by the ship owner (Cavendish v PLA 1992). It was therefore possible that the CHA’s insurers would not cover pilots whilst piloting. Can pilots afford to take that chance?

· Following the Sea Empress grounding Milford Haven had immediately suspended the pilot who they employed. The UKMPA insurers had been successful in re-instating him.

· Concerns over the fact that pollution is a criminal act and therefore couldn’t be insured against were irrelevant because it was clearly stated in the policy that cover for the cost of legal representation in a pollution incident was included.

· Questions asked of some complainants revealed that they had not actually read the policy a copy of which is available on the UKMPA website.

The vote regarding the rule change which formally includes the insurance as a condition of membership and which had been deferred until after this debate was passed with 46 in favour and 6 proxy votes against.

•••••• DAY 2 ••••••

The proceedings for day two consisted of presentations by outside bodies and the

session was formally opened by UKMPA President Lord Tony Berkeley. In his

presentation Tony was able to provide the delegates with a unique insight into

supply chain logistics gained from his primary role as Chairman of the Rail

Freight Group. With increasingly large containerships depositing vast numbers

of containers onto quays and also a requirement for vast numbers of

containers to be delivered simultaneously for backloading, logjam of traffic was a growing problem. Rail freight could ease the situation but the government’s failure to develop an integrated transport policy and its statement that it was not a function of government to promote the use of rail freight had resulted in market forces favouring road transport. This lack of an integrated transport policy was further compounded by a similar lack of a national ports policy and the refusal to consider government investment into the infrastructure for surface access to ports had left the UK at a competitive disadvantage compared to the rest of Europe. There was therefore a risk that rather than UK ports developing as trade “hubs” the UK would become just a feeder outpost of the major European port hubs.

SALVAGE: Kevin Austin (Partner law firm Constant & Constant and ex Humber pilot)

Kevin provided a PowerPoint presentation to delegates covering the law of Salvage with respect to pilots and detailed the following points:

· The circumstances required for a pilot to be entitled to claim salvage,

· The factors affecting the level of a salvage award

· How to go about making a salvage claim.

In addition to defining the term “salvage” and explaining the circumstances required for a valid claim Kevin explained the difference between “contract” and “common law” salvage and whereas a tug company may be contracted to provide a salvage service a pilot claiming as an individual would make his claim under the common law. Another relevant factor of salvage is that it must be voluntary. If a pilot is sent to a vessel aground and has negociated a special rate for the pilotage then no salvage would be payable. If, however he was sent under his standard rate then because such an act was outside his normal duties then a salvage claim would be valid. The whole aspect of salvage and in particular the validity of a claim by a pilot is legally complex but Kevin’s presentation clarifies all the key issues involved and is available for download from the UKMPA website.

MARIS ECDIS

A presentation was given by representatives from the Norwegian company MARIS who produce a pilot specific portable ECDIS unit.

The unit called “Pilot Mate” is used by many deep sea pilots and MARIS have been awarded a contract to supply the Norwegian and Danish pilots with the equipment. These units have been well endorsed by the pilot users and in particular the company has

responded well to the user requirements for specific features. One unique feature is the “Marine Data System” developed by the company. Approved by the UKHO and claimed to be the world’s first such system, MDS compresses chart correction data enabling charts to be updated in a few minutes by email. Full details can be downloaded from the MARIS website at www.maris.no

E-NAVIGATION: Joseph Odiari, (Team leader, Galileo project, DfT)

The topic of e-navigation, as detailed in the October issue of The Pilot, has suddenly been placed on the agenda at IMO and one of the key driving forces behind this new concept has been the UK’s DfT. Starting from a speech by the shipping Minister Dr. Stephen

Ladyman just twelve months ago, the e-navigation concept has been promoted by IALA with the support of the Department for Transport and such is the importance that the DfT

attach to e-navigation that they have placed it on the agenda for the NAV sessions at IMO and have appointed Joe Odiari to head the DfT’s input. Joe commenced his presentation by detailing the key objectives behind the concept:

· safe navigation and effective safety services (eg SAR)

· secure shipping and secure systems

· safeguarding the marine environment

· managing traffic efficiently and at reasonable cost

· value added potential (eg logistics management)

The benefits of e-navigation were considered to be:

· safety, accuracy, reliability

· Improve communication services

· Enhance maritime security

· Enhance environmental protection

· monitoring and intervention from the shore when necessary

· Instantaneous updating

· Interactive alerts & advice

· Prioritisation of data

· Cost savings on “legacy” navigational aids

Joe explained that historically ships navigation systems had been developed around the traditional on-board autonomy but with new technologies there was now an opportunity to develop systems that would integrate the on-board equipment with shore authorities and establishments and other vessels. He admitted that there were many

obstacles to overcome but by setting up working groups within IMO and developing a coherent e-navigation strategy then it should be possible to develop compatible and standardised systems on board and ashore to maximise the potential of new technologies and thus enhance safety of navigation.

DfT: James Weedon (UK Ports division)

James Weedon explained the current Ports Policy Review which was being undertaken by the DfT. Full details of this are available on the DfT website at: www.dft.gov.uk/stellent/groups/dft/shipping/documents/divisionhomepage/611692.hcsp

During the subsequent discussions James was unfortunately unable to report any progress on the new Pilotage Act which had been an agenda item at the 2005 conference.

CHIRP: Mike Powell (Director) – Pilots & Fatigue

Mike explained that from the CHIRP statistics, fatigue in general was not one of the major issues requiring investigation. However, this was puzzling because Nautilus had identified fatigue as an issue from their members and MAIB reports were also increasingly identifying fatigue as a major contributory cause of accidents. However, on-board records inevitably revealed compliant working hours which were obviously false. Unfortunately it was evident there was a fear of reporting by those affected and this meant that the issue remained hidden. With respect to pilots, CHIRP had received some reports of fatigue (mainly from one port) which indicated that there were unsafe rosters being worked by pilots. When examining the complaints CHIRP had referred to the Pilotage Act which had no specific reference to pilots and fatigue. The PMSC did state that a pilot should be “fit” and this would indicate that he shouldn’t be fatigued. Following a pilotage incident where the pilot’s fatigue had been identified as a factor the MAIB had referred the matter to the PMSC Steering Group advising it “to develop appropriate working hours regimes for UK pilots, taking account of current regulations and advice on working hours”. However, when the PMSCSG discussed the matter it was declared that this recommendation was beyond its remit.

The Question was now where can CHIRP go next? Being a PMSC issue it was the DfT’s responsibility but approaches to the DfT had met with the response that compliance with the PMSC was the responsibility of the CHAs. If a CHA declared compliance then the DfT couldn’t get involved and James Weedon, who was still present confirmed that that was still the DfT’s “position” on the matter. In summary Mike stated that there was evidence that fatigue was an issue in some ports but that there was currently no means of addressing the problem. Fatigue management models existed for aircrew but these could not be imposed upon CHAs.

Secretary of State’s Representative (SOSREP): Robin Middleton

Robin provided an interesting and amusing account of his unique role as the SOSREP, a position that had arisen out of Lord Donaldson’s review of the Braer and Sea Empress disasters. Appointed in 1999 and with just two deputies, he acted as a liaison between the government and the MCA but would only become involved if a serious incident in UK waters looked likely to develop into a major disaster. Although he had no budget he effectively took full responsibility for handling a developing situation and had the authority to commandeer and direct whatever resources he considered necessary to achieve the safest outcome and that ranged from recruiting specialists, deploying tugs and even setting up exclusion zones. Arrangements were in place with tug companies around the UK, France and Holland for the Government to requisition tugs under an agreement called CAST (Coastguard Agreement for Salvage and Towage) which supplemented the MCA’s salvage tugs and this meant that powerful tugs could be in place anywhere in UK waters within 12 hours. Safety of life and Search and Rescue is the primary response followed by Salvage and then cleanup.

During the last seven years Robin explained that he had been involved in over 600 incidents, had taken direct charge of 39 and 27 of those had required implementation of the National Contingency plan. Robin concluded by announcing that he would be retiring in 2007 and the post was therefore available for any masochist who wished to apply!

Joe Wilson closed the conference by announcing the agreed new conference policy with an expanded Interim Delegate’s meeting to be arranged for 5^th September on board the HQS Wellington on the Embankment.

SECTION COMMITTEE REPRESENTATIVE FOR REGION 2

The retirement of Paul and Dave left vacancies for regions 2 & 5. Whilst Dave Williamson has been elected for Region 5 no candidate offered to replace Paul in representing Region 2. Without a deputy to stand this leaves R2 without any Section committee member. This is disappointing to say the least and it of course places a greater workload on the other committee members. Although it is too late to be formally elected this year any pilot can be co-opted onto the committee. Pilots views will only be listened to if we have representation so please contact Joe if you want to support the UKMPA’s work but have been a bit reluctant to stand for the full committee election.