6. Statutory Instrument Consent Motion: The Pilotage Act 1987 (Amendment) Regulations 2019

Part of the debate – in the Senedd at 4:59 pm on 14 January 2020.

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Photo of Ken Skates Ken Skates Labour 4:59, 14 January 2020

Diolch, Dirpwy Lywydd. The primary legislation amended by the statutory instrument is indeed the Pilotage Act 1987 (Amendment) Regulations 2019, which governs the operation of maritime pilotage in the UK. A maritime pilot is a seafarer, not part of the ship's crew, who has detailed knowledge of a port approach or dangerous navigational area, who has expertise in ship manoeuvring and uses that knowledge to ensure the safe passage of a vessel within a specified area.

Now, the subject of the SI is to update the definition of 'EEA State' in the Pilotage Act 1987. This relates to the acceptance of qualifications from states that are party to the EEA agreement. As currently drafted, the definition of 'EEA State' in the Pilotage Act 1987 does not include any states that became a party to the EEA agreement after May 2003 when the definition was inserted into the Act.

The UK Government are making this amendment pursuant to section 2(2) of the European Communities Act 1972, which will be repealed on exit day. That’s why, although this anomaly has existed for a considerable period, the UK Government has decided to make this amendment now. The amendment will ensure that the statute book is accurate and up to date ahead of the UK’s exit from the European Union.

These changes also fall within the legislative competence of the National Assembly, insofar as they relate to devolved pilotage, and devolved pilotage is expressly carved out of the reserved matter of pilotage within the Government of Wales Act 2006. Dirprwy Lywydd, I consider the change as purely technical, uncontroversial, and to represent no change to policy. However, it is important nevertheless that the role of the Assembly in considering devolved legal matters is preserved and that opportunities are given for debate and scrutiny of legislative changes to Wales by its appropriate democratically elected body, and it’s on this basis that I have tabled a motion to debate this SI.