SHERIFFDOM OF GRAMPIAN, HIGHLANDS AND ISLANDS AT BANFF

Court ref: BAN-B24-20

RESPONSE

to the

DETERMINATION OF SHERIFF ROBERT MACDONALD
UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS
ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF ANTHONY MASSON

To: the Scottish Courts and Tribunals Service

1. The Maritime and Coastguard Agency do respond as follows.

2. The Maritime and Coastguard Agency has an interest in the Inquiry but was not a participant in the Inquiry, having received a recommendation.

3. The Maritime and Coastguard Agency was recommended to:

“The MCA should be asked to review the methods by which it makes fisherman and other relevant stakeholders aware of the relevant safety legislation and guidance and any significant changes and updates to such legislation and guidance. In particular the MCA should be asked to consider how best to ensure that sole fisherman have made been made aware of any significant changes in safety legislation and guidance in the period between each five year survey”.

It should be noted that it is the responsibility of owners, skippers and crew to
make themselves aware of the legislation and guidance that applies to them.

It is the view of the Maritime and Coastguard Agency, with the responsibility for
awareness of current legislation and guidance being with fishermen, there are in
place comprehensive arrangements which enable those working in the industry
to stay up to date with regulations affecting them.

The MCA has recently reviewed and amended its fishing section on gov.uk. The
site has been simplified and re-organised to allow fishermen to readily identify
the information they require.

Fishermen are also able to register with gov.uk to receive email updates when
the site is amended, a new consultation is launched and new legislation or
guidance is added.

The Home and Dry site, launched in July 2020, uses campaign videos and
downloadable material from all partners in the FISG and provides a portal for
finding safety information for anyone working in commercial fishing. The Home
page specifically highlights the most recent changes to legislation and sign posts
visitors to support and guidance about the implementation in the UK of the
International Labour Organisation’s Work in Fishing Convention (ILO188).

Other initiatives to ensure fishermen are made aware of new requirements and
safety concerns specific to single handed fishermen include:

- Public Relations and advertising targeted at the fishing industry to communicate the introduction of new ILO 188 regulations in 2019
- Ongoing communications throughout 2020 and 2021 reinforcing the
requirement to comply with ILO 188 Work In Fishing Convention
- Postal mailing to all UK registered fishing vessel owners communicating
safety massages and reinforcing requirement for compliance with ILO 188
MCA as part of the Fishing Industry Safety Group has also launched is
Spring campaign using the Home and Dry Website.
https://www.homeanddry.uk/
- Single Handed guidance leaflet published in 2020 Single Handed Fishing
- Revision of the Fishermen’s Safety Guide which now sets out the risks
and what can be done to address them. Fishermen's Safety Guide
- Revision of the Prepare for your survey or Inspection Guide. Prepare for
your survey or inspection

These Guides are provided to fishermen in advance of their survey.

The next proposed Amendment to legislation will be the revision of the Code of
Practice for Small Fishing Vessels of less than 15m Length Overall. This Code
was the subject of a consultation from August to November 2020. Prior to the
consultation in autumn 2019, the MCA conducted roadshows, visiting over 40
ports around the UK to discuss the proposed Code, to raise awareness of the
consultation and provide fishermen with the opportunity to be aware of potential
changes.

We are currently working towards publication of this revised Code. The MCA will
use a similar strategy to publicise this new code as used for raising awareness of
ILO 188 and will publish articles in Trade, newspapers, use social media to
inform Industry and use the network of partners in the Fishing Industry Safety
Group to share this information directly with their members through their
channels.