Maritime Security Bill

I move, That the Maritime Security Bill be now read a third time. Given the pivotal role shipping plays in the conduct of worldwide trade, there is a common understanding, both internationally and domestically, of the crucial significance of maritime security.

I have been impressed by the high degree of cooperation between Governments, and between Government and industry, on this matter. It has enabled rapid progress to be made on enhancing maritime security. That was clearly illustrated in December 2002, when the international maritime community adopted a new comprehensive security regime for international shipping. The measures were the result of just over a year’s intense work by the International Maritime Organization, and the regime comes into force on 1 July this year. The Maritime Security Bill, which is in front of us today, also represents a lot of hard work by many individuals and groups, and I particularly want to thank my colleagues in the House this evening for their very speedy processing of the bill. The members who contributed to the debate, and the amendments submitted by Mr Peter Brown, made a real difference to the bill.

The bill develops a legislative framework so that we may implement the new maritime security regime in New Zealand, and to ensure that we meet our international obligations under the International Convention on the Safety of Life at Sea. Given the comprehensive nature of the regime, and the tight time frame for compliance imposed by the International Maritime Organization, implementation was always going to be a challenge. Passing the Maritime Security Bill is a key milestone towards meeting the 1 July deadline. In spite of the criticism, we can all be very proud of the very rapid progress we have made in processing this bill through the House.

The Maritime Security Bill takes the approach that the security of ships and port facilities is basically a risk management activity, and that to determine what security measures are appropriate, an assessment of the risks must be made in each particular case. Therefore, the bill requires ships and port facilities to prepare, have approved, and implement security plans. For port facilities, that means that those plans will detail security standards and procedures for normal operations—that is, security level 1—as well as contingencies for operating at a “heightened” risk—security level 2. Plans must also include procedures to facilitate the response of authorities to an “extreme” risk—security level 3.

The Government must then set the security level at which the port facility will normally operate, and approve the security plans. We recognise the potential cost to industry and the New Zealand public of imposing very stringent security measures when the threat level is low. To that end, the flexible framework established in the bill means ports will only be required to put in place security measures appropriate to the level of security threat applying. If the threat level increases, then, obviously, port facilities will increase security across the port commensurate with an increase in the risk of a security incident. Plans must periodically be audited and the Government must undertake ongoing risk assessment, and, if necessary, adjust a ship or port facility’s security level.

In keeping with the international approach, primary responsibility for operational security rests with the port facilities and ships themselves. However, should they require assistance, the Maritime Security Bill provides that the Governor-General may appoint a Government department or Crown entity as a maritime security organisation. They will undertake screening and searching to prevent the unauthorised introduction of weapons and other dangerous items. Overseeing the implementation of the maritime security requirements and ensuring effective security is being maintained will be the job of the designated authority.

The Government intends to appoint the Maritime Safety Authority of New Zealand as the designated authority. Its regulatory functions in respect of security at port facilities will include managing the risk assessment process, setting the operational security level, and approving and auditing the port facility security plan developed by a port operator. Additional functions include the provision and coordination of security information to ships and ports, and the exercise of port State control measures in respect of compliance by foreign vessels arriving here. As mentioned earlier, I have been impressed by the high degree of cooperation between Government and industry. Both the Government and the maritime sector realised very early on that much could be done in advance of the enactment of this legislation. In fact, that work has been crucial in providing as much lead time for implementation as possible. It actually began around May last year.

Risk assessments for all the affected port facilities are now complete, and most of those ports are well on the way to developing their security plans. All the parties involved have been acutely aware of the importance of getting this legislation right, and the consequences to New Zealand’s trade and tourism industry of not progressing it promptly. There are still some challenges to face as we move closer to the 1 July deadline, and I am sure that there will be some operational details that will need to be worked through. How to deal with access to sensitive areas of the port facility will no doubt be one of those challenges. Port workers may well be required to carry special identification, and sailors visiting New Zealand ports may well find it more difficult to preserve the tradition of entertaining on board. I am confident that such issues will be worked on and resolved before July.

The excellent work that has been done on the bill, along with the very constructive approach shown by all concerned, means that New Zealand is now very well placed to meet the new international requirements. The enactment of the Maritime Security Bill will mean that New Zealand’s approach to enhancing maritime security is in step with accepted international practice. Through the implementation of a consistent framework for ship and port security, it will ensure continued confidence of trading partners and tourist markets in the security of the New Zealand ports.

I would especially like to thank the chairperson, Dianne Yates, and members of the committee who have processed this bill. I would like to thank Mr Brown, and no doubt he would like to thank Frank Wall for his constructive work in preparing Supplementary Order Papers, etc. I would especially like to thank members of Parliament who took part in the debate, and particularly the officials on my left, David Corlett, Tamara Mutu, Roger Brown, and Hilary Talbot, and others from the Maritime Safety Authority and the Ministry of Transport, for their role in processing this bill very quickly and providing all the advice and information the House has needed in order to do a thorough job on this in a short time.

Debate interrupted.