Criminalisation may adversely affect safety

John M Lyras, Chairman of the London P&I Club, has warned that there is a danger that recent moves – particularly within Europe – to criminalise those seafarers whose errors lead to accidents, could have an adverse, rather than a positive, effect on safety in shipping.

In the Club’s latest newsletter, Lyras says, “The increasing trend towards criminalisation of those souls at sea, and indeed ashore, whose errors have led to accidents, is a disturbing aspect of European Government activity which has very serious implications for the shipping industry. Despite some initial signs of recognition in the European parliament of the negative effect of criminalisation of those who are guilty of the sorts of

errors that even the best of us are susceptible to, legislation has been issued from Brussels which will have such an effect.

“The European Commission, in endeavouring to justify its actions, points out that only the ‘seriously negligent’ will be prosecuted. But I am afraid that those of us involved in shipping and P&I frequently see instances where the interpretation of that sort of term is stretched to encompass cases where the consequences of the negligence are ‘serious’, but where criminal culpability is non-existent. This development will actually undermine

safety, rather than enhance it, by discouraging responsible and valuable personnel from pursuing a maritime career.

“The threat to the safe manning and management of ships, along with its potential consequences in respect of P&I claims, is something which should not only be of great concern to us within the industries involved, but should also be so for the public at large.”