Skip to main content

Draft Merchant Shipping (Port State Control) Regulations 2026

Debated on Tuesday 19 May 2026

The Committee consisted of the following Members:

Chair: Sir Desmond Swayne

† Arthur, Dr Scott (Edinburgh South West) (Lab)

† Carling, Sam (North West Cambridgeshire) (Lab)

† Conlon, Liam (Beckenham and Penge) (Lab)

Duncan Smith, Sir Iain (Chingford and Woodford Green) (Con)

Farron, Tim (Westmorland and Lonsdale) (LD)

† Glover, Olly (Didcot and Wantage) (LD)

† Greenwood, Lilian (Lord Commissioner of His Majestys Treasury)

† Holmes, Paul (Hamble Valley) (Con)

† Mather, Keir (Parliamentary Under-Secretary of State for Transport)

† Murray, Katrina (Cumbernauld and Kirkintilloch) (Lab)

† Paffey, Darren (Southampton Itchen) (Lab)

† Robertson, Joe (Isle of Wight East) (Con)

† Rushworth, Sam (Bishop Auckland) (Lab)

† Russell, Sarah (Congleton) (Lab)

† Shanker, Baggy (Derby South) (Lab/Co-op)

† Smith, Greg (Mid Buckinghamshire) (Con)

† Swallow, Peter (Bracknell) (Lab)

Robert Cope, Heather Nathoo, Committee Clerks

† attended the Committee

The following also attended (Standing Order No. 118(2)):

Davies, Shaun (Telford) (Lab)

Second Delegated Legislation Committee

Tuesday 19 May 2026

[Sir Desmond Swayne in the Chair]

Draft Merchant Shipping (Port State Control) Regulations 2026

I beg to move,

That the Committee has considered the draft Merchant Shipping (Port State Control) Regulations 2026.

It is a pleasure to serve under your chairmanship, Sir Desmond. The draft regulations were laid before the House on 2 March 2026.

The United Kingdom was a founding signatory to the Paris memorandum of understanding in 1982 and a member of its predecessor since the late 1970s. The Paris MOU is a well-established international framework for inspecting foreign ships that call at member states’ ports, ensuring that international standards that reduce risks to health, safety and the environment are met. This is known as port state control. It formalises intelligence sharing on substandard ships and issues, and it adds weight to enforcement action taken by the United Kingdom by also impacting those vessels internationally.

The purpose of the draft regulations is to replace the existing 2011 regulations, which currently give effect to the Paris MOU requirements in UK law. The new regulations contain an expanded list of conventions against which inspections are undertaken to include those to which the UK has become a party since the 2011 regulations were written. Those conventions have separate effect in UK law but are now referenced in the draft regulations in order to ensure that the legislative framework for undertaking port state control inspections is up to date.

The draft regulations also remove references to EU legislation and instead reference the Paris MOU directly. The 2011 regulations were made partly using powers in the European Communities Act 1972. The draft regulations are made using powers in the Merchant Shipping Act 1995 and, to the extent necessary, Retained EU Law (Revocation and Reform) Act 2023 powers. The Paris MOU uses a risk-based scheme for targeting visiting ships for inspection and includes powers to exclude from ports ships that are persistently substandard. The UK’s participation in the port state control regime is an obligation of the UK under the Paris MOU, and it is also a valuable defence against substandard ships visiting UK ports.

Before the regulations were laid in draft, they were sent to the Joint Committee on Statutory Instruments for informal pre-laying scrutiny. The JCSI has noted the regulations but provided no further comments. The Secondary Legislation Scrutiny Committee has not drawn this instrument to the attention of the House.

There remains little else to say, other than that I have set out the purpose and scope of the draft regulations, which revoke, replace and update the 2011 regulations. The draft regulations will continue to uphold the UK’s commitments to international standards. I commend them to the Committee.

As ever, it is a pleasure to serve under your chairmanship, Sir Desmond. In what has been a week of chaos, psychodrama and endless plotting, it must be a welcome break for the Minister to debate legislation that, as the explanatory memorandum sets out, results in

“no changes to this policy and the regulatory regime associated with port State control is retained.”

As I understand it, the draft regulations do not implement any new obligations, and it is therefore expected that there will be no direct costs to UK businesses or familiarisation costs for existing inspectors. As such, His Majesty’s loyal Opposition do not object to this statutory instrument given the support at consultation and the alterations that were made in response to comments.

However, I encourage the Government to explore wider measures that do not merely impose further direct costs but, rather, remove regulatory costs in a proportionate manner. I hope the Government ensure that they keep existing legislation up to date to ensure that port state control can operate effectively.

Of course, one of the factors that makes these regulations necessary is a shipping sector that is able to operate effectively. I understand that our maritime sector is concerned that the Iran war is squeezing bunker fuel supply. We have heard a lot about the impact of jet fuel shortages, but as the Minister is here, I hope the Government have the same focus on the shipping industry’s fuel supplies as they have on the aviation industry’s fuel supplies. One analyst from Aon noted that bunker fuel shortages tend to feed through to shipping costs more quickly than many other cost pressures. I therefore hope that the Minister can outline in more detail, either today or at another time, what the Government are doing to ensure a sufficient supply of fuel at port.

It is a pleasure to serve under your chairship, Sir Desmond.

We Liberal Democrats also support this legislative tidying up. I hope the Minister is grateful for the opportunity to talk about what I know is his favourite mode of transport, ships, rather than dabbling in railway tedium. I have only one question for him: does he agree that the Paris memorandum highlights the inherently international nature of a lot of our shipping, and that we should be willing to take account of other jurisdictions’ changes to shipping legislation in future as part of that international co-operation?

I echo the words of my hon. Friend the shadow Minister, particularly in relation to the cost to the maritime sector and, for my constituents, the cost of using ferries. Of course, the increase in fuel costs is a significant issue with which they have to grapple, not helped by the Government’s decision to levy a green tax—an emissions trading scheme levy—on them, which they cannot avoid. That is not to say that the Isle of Wight ferry companies are not hugely responsible for their own costs, which they bring to bear on my constituents who try to cross the Solent, given that they are unregulated, private companies that fund private equity and pension funds abroad.

I am grateful for the opportunity to remark on the costs. I know the Minister is aware of them, and I urge him to do whatever he can to bring down costs in the maritime sector, particularly for ferries on which people rely to connect with the rest of the UK.

I thank the shadow Minister both for his support for the measures and for his concern for my welfare over the last few weeks. To quote one of the five Prime Ministers who graced these halls during the 14 years of chaos and disarray under the Conservative party, he is right to say, in relation to the draft regulations, that “nothing has changed.” He is right to push me further on additional regulatory improvements that can ease doing business for UK shipping companies and seafarers. I am unashamedly ambitious to grow the UK flag to make this country a more attractive place for shipping firms to do business, and I am glad that he will be holding my feet to the fire as we attempt to do so.

The shadow Minister is also right that we must retain the UK’s fantastic reputation for safety and compliance with international obligations, without imposing onerous costs on businesses. He also points to the critical issue of the supply of marine fuel. I reassure him that it was a consistent theme during my week in Singapore for Maritime Week, in my engagement with shipping companies that have large interests in UK maritime and with other Government stakeholders. It is something that teams in the Department for Transport keep under constant review, in collaboration with industry, and we will keep a close watch on developments in the strait of Hormuz in relation to the critical issue of the bunkering of marine fuels.

I thank the Lib Dem spokesperson, the hon. Member for Didcot and Wantage, for his comments on international co-operation. I am proud that the United Kingdom hosts the International Maritime Organisation, through which we continue to pursue innovative work towards achieving a net zero framework and ambitious measures on safety, innovation and business-supporting regulation. I am glad that he supports us in those efforts.

I also thank the hon. Member for Isle of Wight East for consistently raising the critical issue of ferry connectivity for his constituents. I am happy to engage with him further on the ETS and the impact that it may or may not have, especially with regard to the tonnage implications of new hybridised ferries procured on the Isle of Wight. I know he is concerned about that, and I am happy to take those conversations forward.

I thank hon. Members for their consideration of the draft regulations. I hope I have fully answered all the points raised, and that they agree with me that the objective of the draft regulations—to update merchant shipping legislation to ensure it is operable and effective going forward—is highly desirable.

I commend the draft regulations to the Committee.

Question put and agreed to.

Committee rose.