Conflict, Stability and Security Fund Programme - Overseas Territories Legal Services

CSSF require legal advice and drafting of national maritime legislation for UK Overseas Territories (OTs) to ensure compliance with, and implementation of, International Maritime obligations and conventions. Government Legal Department (GLD) has previously confirmed that it is unable to provide support for the work: this continues to be the case.

Limitations on internal resource and focus on retention of European Union law within the Maritime and Coastguard Agency and wider Department for Transport also preclude this requirement from being undertaken in-house.

The UK Flag State comprises of the UK, the Overseas Territories, and Crown Dependencies. The UK as the member state to the International Maritime Organisation (IMO) represents the OTs and Crown Dependencies at International fora and retains responsibility of oversight of the Red Ensign Group (REG); this includes monitoring of compliance towards internationally set obligations.

As the UK is considered a collective of shipping registers with the REG, non-compliance towards conventions by the OTs has a potential impact on the international standing of the UK and the reputation of the UK within the IMO, of which the UK is host to, and which we hold a Council seat position.

Contingent liability in the event of non-compliance, or the inability of the OTs to enforce convention requirements in, for example, reclaiming damages from an oil spill, therefore causes ultimate liability to rest with the UK, both upon the Secretary of State for Transport, and the UK taxpayers for covering costs beyond the OTs capabilities