The role of the Secretary of State’s Representative in Oil & Gas Incidents

Hugh Shaw, The Secretary of State’s Representative

Oil & Gas UK Legal Conference Crieff Hydro, 24 September, 2015

►Introduction to SOSREP

►Intervention Powers

►Dealing with an Incident

SEA EMPRESS 1996 [72,000 tonnes oil spilled]

Lord Donaldson’s Review

Lord Donaldson’s Review

• The ‘Trigger’ point is when there is “a threat of significant pollution” to the UK’s pollution control zone, territorial waters or coastline;

• Response to the threat of pollution from or involving an offshore installation to be compatible with same from shipping casualty

• Involvement of Ministers in Operational decisions is not a practicable option….

Lord Donaldson’s Review

There should be ‘ultimate’ control of salvage by a Secretary of State’s

Representative acting in the overriding public interest

SOSREP

The Offshore Installations [EPC Regs) 2002

►The EPC Regs 2002, made under section 3 of the Pollution Prevention and Control Act 1999, provides powers for the Secretary of State for the Department of Energy and Climate Change to give directions and to take such other actions as may be necessary in respect of an offshore installation to prevent or minimise pollution or the threat of pollution.

The Offshore Installations [EPC Regs) 2002

► In practice the SOSREP can often influence the outcome satisfactorily without actually giving a direction;

►Operators and contractors will normally want to save the installation and property and will work with the SOSREP knowing his underlying powers;

►To an extent it is the existence of the power to direct, rather than its use, which brings results.

SOSREP & Offshore Industry Timeline

►1999 SOSREP appointed by MCA;

►2002 EPC Regs introduced;

►2002 SOSREP formally represents DTI;

►2004 Deputy to the SOSREP.

Role of the SOSREP

To represent the Secretaries of State for Transport

and Department for Energy and Climate Change by removing or reducing the risk to persons, property and the UK environment arising from accidents involving ships, fixed or floating platforms or sub-sea infrastructure within UK waters, within the remainder of the EEZ/UK Pollution Control Zone (UK PCZ) and on the UK Continental Shelf. [2003]

The SOSREP Function

►One person to act as representative of

Secretary of State (s)

► Free to act without recourse to higher authority

►Ultimate & Decisive voice

►Can exercise Ultimate control

►Tacitly approves all actions

► Free from political interference

►Whilst operations are in progress “Must be “Backed or sacked”

The SOSREP – A One Stop Shop

►Overall responsibility for monitoring response in offshore incidents where there is a risk of significant pollution;

►Ability to take control if deemed to be in UK interest;

►Responsible for ‘recovery’ plan approval;

► Support Police SNC during maritime CT incidents;

►Where necessary, exercise intervention powers.

Trigger Situation & Directions

►Accident has to have occurred;

►There is, or may be, risk to life and/or significant pollution.

►Use of powers may be required.

►The nature of the directions could not be wider ranging. They are of "any kind whatsoever" provided always that they are for the purposes of preventing or reducing pollution.

►May be given verbally

Dealing with an Incident – Main Theatres of Activity

Search and rescue

‘Salvage’ - control and containment of the

cause of threat

Clean up at sea

Clean up of the shoreline

Dealing with the Media

SOSREP Incident Monitoring

► In first instance DECC Duty Inspector liaises with OIM and Operator;

► SOSREP kept aware of future plans and intentions;

►May intervene if proposals not deemed to be in the public interest;

►Response needs to be commensurate with the risk.

SOSREP Response Cell & Communications

► Chaired by the SOSREP

► To establish all objectives and proposals;

► Continue to monitor and evaluate operations and ascertain progress;

► Conduct containment / recovery plan approval;

► Consider risks, dangers, security of supply;

► It is NOT a committee.

Operations Control Unit (OCU)

OCU Core Membership

► SOSREP

►Assistant to the SOSEP [DECC Inspector]

►DECC Strategic Advisor

► Emergency Operations Manager

►Operator Representative

► Environment Group Liaison Officer

► SOSREP Personal Specialist Advisors

►MCA Counter Pollution & Salvage Officer and/or

HM Coastguard Liaison Officer

►Other Coastal State

OCU Communications & Media

► SOSREP Sitreps and Ministerial Briefings;

►Accurate record key decisions;

►Requirement for a Media Strategy Group with representatives from key parties;

►Openness, trust, transparency and good teamwork paramount for a successful operation.

Any Questions?

For further info contact: hugh.shaw@mcga.gov.uk

Thank You for your time………….