asked Her Majesty’s Government:

What is their final disposal decision concerning the hull of the MSC “Napoli” and how that decision was reached.

My Lords, no final decision has been taken on the disposal of the wreck of the MSC “Napoli”. Any disposal plan will need to include detailed plans for the clean-up and safe disposal of any remaining contaminates in, or as part of, the vessel. The Government’s primary concern will be to ensure minimal impact on the marine environment following a very successful salvage operation to date.

My Lords, I thank the Minister for that reply. Does she agree that the system of SOSREP, the Secretary of State’s representative, proposed by the late Lord Donaldson and implemented successfully by this Government, has worked well in this incident and many others? Will she take steps to ensure that the role of the SOSREP is not downgraded? What progress has been made in recruiting Mr Middleton’s successor?

Yes, my Lords, the SOSREP has been a highly successful appointment. As the noble Earl, Lord Attlee, will know, that post will not become vacant until the autumn. The Government are seeking a suitable candidate with the necessary skills and experience to fulfil this role. It is a very important role, because the SOSREP makes decisions at the scene of the accident with the full powers of the Secretary of State. The salary has been a matter of some contention and is under review. No appointment will be made until the right individual is identified.

My Lords, whose responsibility is it to decide where the ship ends up? Will it end up in the ship-breaker’s yard on the River Tees instead of some of those dodgy American nuclear submarines that most of us hope will never get across the Atlantic?

My Lords, the ship’s owners will have ultimate responsibility for deciding where it is finally disposed of, but always in consultation with the Secretary of State’s representative and the Maritime and Coastguard Agency. That disposal must, of course, be within the law.

My Lords, does the Minister agree that there was confusion concerning the law relating to property washed up onshore that led directly to some of the more unfortunate scenes that we all saw on Branscombe beach? What steps are being taken to clarify and, if necessary, update the law to prevent a similar situation in the future?

Yes, my Lords, we all remember unruly scenes on Branscombe beach. The law states that anyone finding or taking possession of wreck material, regardless of its size or value, must report that to the Receiver of Wreck. Failure to report is a criminal offence. Two reviews are taking place, one into the accident itself and the other into the aspects of the accident that the noble Baroness raised. The Maritime and Coastguard Agency is actively reviewing its procedures and the effectiveness of existing legislation. Is the legislation adequate given the quick information routes of the 21st century—including mobile phones, the internet and so on—and as regards the powers of the police and other bodies?

My Lords, I agree wholeheartedly with what was said about the success of SOSREP, and in particular about the present incumbent, whose excellence in this case has been openly acknowledged by the Dutch salvage contractors. Regarding the removal of the wreck, does the Minister agree that everything very much depends on the weather? The ship is severely cracked and she may well break in two when they try to refloat her, which may necessitate dismantling the aftersection and towing away the forward section, perhaps for further use.

My Lords, these are all great concerns; that is why officials from the Department for Transport, Defra, the Environment Agency, the Marine and Fisheries Agency and the Maritime and Coastguard Agency met on Friday, 8 June for an initial discussion on the possible options for the disposal of the “Napoli”. Following that meeting, there need to be further discussions with its owners and with officials before any decision is taken. I anticipate that decisions will be taken sooner rather than later.

My Lords, the Minister mentioned that, if you took something from the site, you had to report it, but what happens after that? Do you have the right to retain the article or does someone else have property rights over it? I would appreciate clarification.

My Lords, if you pick up or recover a piece of wreck, you can hold it for 30 days but you must then ensure that the Receiver of Wreck knows that you have that piece of cargo. The Receiver of Wreck will then act as the go-between between the person who possesses the cargo and its owners. If the cargo’s owners do not wish to retrieve that cargo after 30 days, the person who picked it up—salvaged it, scavenged it, or whatever word you want to use—may keep it.