The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

A Cabinet minister yesterday said the upgraded Merchant Shipping Bill will enable The Bahamas to better fulfill its international obligations in a maritime sector vital to the country’s economy.

Jobeth Coleby-Davis, minister for housing and transportation, in leading off House of Assembly debate on the Bill, said: “The new Merchant Shipping Bill seeks to continue to provide for the registration of Bahamian ships with proprietary interest, the training certification and watch-keeping related to seafarers, the conditions of employment of seafarers and the health and well-being of seafarers on board a ship, the prevention of collisions or the safety of navigation, the safety of cargoes, including transhipment activities, the prevention of pollution, maritime safety and security, the liability of ship owners and investigations into marine casualties.”

The last major overhaul to the Merchant Shipping Act took place in 1999, and the latest reforms were described as critical to maintaining The Bahamas’ maritime industry standing given its 1,500-strong ship registry that has contributed more than $100m in fees to the Public Treasury over its lifetime.

The Bill’s “objects and reasons” section said the changes will enable The Bahamas to more easily incorporate international shipping conventions and codes, such as those passed by the International Maritime Organisation (IMO) and International Labour Organisation (ILO), into its own laws, thereby providing a better mechanism by which to fulfill international obligations.

“This new modern, cutting-edge Bill will modernise merchant shipping and stimulate creative thinking and technological innovation,” the Bill said. “This Bill retains the fundamental provisions of the 1976 Act, and consolidates the 1989 Act.

“Further, it introduces new provisions which aim to give effect to the international maritime conventions or instruments. Some of these instruments are: the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), the Safety of Life At Sea Convention (SOLAS) and the Maritime Labour Convention (MLC).”

Mrs Coleby-Davis added: “The Bill retains and updates the requirements for the regulation and development of merchant shipping and related services. The provisions of the Limitation of Liability Act will be incorporated into this new Bill. Accordingly, the new Bill will bring together Acts of Parliament in a single, comprehensive Act, which embraces the subject matter of the enactment.”

“The process of formal adoption of an international convention requires the affected country to have in place the legislative mechanisms to incorporate relevant provisions into its law prior to, or simultaneously with, the presenting of its instruments of ratification or accession to the IMO or the ILO as appropriate for the Bahamas.”

For the Bahamas to stay ahead of global maritime industry developments, Mrs Coleby-Davis said the relevant Acts need to be continually updated. She said: “This Bill will provide a more dynamic and efficient legislative process to efficiently regulate and avoid unnecessary delays, which will ultimately contribute to the growth and development of the merchant shipping industry in The Bahamas.”