Pilot blamed for initial disaster

Port Authority Faces Prosecution over Sea Empress

The report, by the Marine Accident Investigation Branch, says that the pilot, John Pearn, failed to keep the 147,000-tonne Liberian-registered tanker in the deepest part of the navigation channel. This was partly due to inadequate training and his lack of experience with such large vessels. One of the MAIB's recommendations is improved training and examination of pilots.

Mr Pearn was found guilty of incompetence by the Milford Haven Port Authority last year and was demoted. But he successfully appealed and was able to resume working with large tankers.

After the tanker had run aground, however, the report says there were not enough tugs of the right power and manoeuvrability available to refloat her. In addition, the authorities did not understand the effect of local tidal currents, the MAIB concludes. This led to the vessel being swept aground for a second time.

It was this second grounding which caused most pollution. The initial accident spilled some 2,500 tonnes of oil compared to nearly 70,000 tonnes in the second incident.

The MAIB also criticises Milford Haven Port Authority's disaster planning. The accident was outside the scope of its emergency plans and the crisis management team became too unwieldy for effective action in a rapidly-changing environment.

National authorities also come in for criticism from the MAIB. The Marine Pollution Control Unit's national contingency plan is described as "deficient". It did not deal clearly with the unit's involvement in the salvage of a vessel within harbour waters and it did not cater sufficiently for an incident which quickly worsened.

The Sea Empress ran aground twice

"We are committed to taking a tough stance to protect the environment. Today's action shows that we are ready to use all the powers that are available to us in appropriate cases," said the Agency's chief executive, Ed Gallagher.

Both the authority and the harbour master are charged with causing a nuisance to the public - "namely the discharge of crude and bunker oil into the waters of Milford Haven, endangering the marine and coastal environment and posing a danger to public safety." Both are also charged with causing polluting matter to enter Milford Haven and the south-west Wales coast.

The port authority stands accused of failing properly to regulate the navigation of the Sea Empress as well as other vessels into the port. The authority is also accused of failing to provide proper pilotage services and allowing John Pearn, "an insufficiently trained and qualified pilot", to guide in the Sea Empress.

The Harbour Master, Mr Andrews, is accused of failing safely to control and regulate shipping - in particular the Sea Empress - at the entrance to the port.

Port chiefs later said they would "vigorously defend" the "misconceived" criminal proceedings. A statement said: "Milford Haven Port Authority believe that they acted entirely properly throughout the Sea Empress incident in discharging their duties and responsibilities and remain totally committed to ensuring the safety of navigation in the Haven." The Authority declined to comment on the MAIB report because of the impending legal proceedings.

The charges have been laid at a magistrates' court, but it is probable that the case will end up being heard at Crown Court. In such cases magistrates would only be able to impose fines of up to £20,000 but Crown Court fines would be at the discretion of the court. In serious cases, anyone convicted could face up to two years in prison.

He went on: "We are disappointed that the Environment Agency has restricted legal action to the port authority and the harbour master. We believe there are other responsible parties who should be in the frame, particularly the Department of Transport. We shall be urgently consulting our barristers about the possibility of bringing proceedings ourselves."

Victim of pollution

The Royal Society for the Protection of Birds called on all UK oil terminals to examine their shipping operations and reduce the risk of oil spills. RSPB chief executive Barbara Young said: "It is unfortunate that we have had to wait so long for the Marine Accident Investigation Branch report. Opportunities have been wasted for useful lessons to be applied both in Milford Haven and elsewhere. Action is needed now to apply lessons throughout the UK."