Contribution
Apart from the terrible outcome, the Government’s account of events conflicts entirely with the local account of events. The locals claim that the Department for Transport-Secretary of State’s representative drove the process and gave instructions for the sitting MP to be excluded from all communications, convinced that it was a Cobra situation. When finally briefed on 28 November by the Under-Secretary of State for Transport, the hon. Member for Wythenshawe and Sale East (Mike Kane) at the Department’s offices, he stated that the locals had made a mountain out of a molehill, the operation was never Cobra and the decision to exclude the MP from briefings was a local one. Somebody is clearly lying and the official briefing pack from the DFT suggests that this is the Government. The hon. Gentleman told me in an email that he was too busy to see me to answer follow-up questions and suggested that I pursue usual parliamentary processes, so here we are. I am grateful to Mr Speaker for granting this debate, which seeks to inform the House where the truth lies. The crux of the issue is the part played by the Health and Safety Executive and its employee, Dr Nathan Flood.
MV Ruby docked in the outer harbour of Great Yarmouth, following input from the Secretary of State’s representative on 28 October 2024, as a ship in distress carrying 20,000 tonnes of ammonium nitrate. Peel Ports is used to handling this material, which is commonly landed at ports, distributed by road, stored on farms and used to grow our food. Peel Ports notified the requisite authorities, including the HSE, which declined to inspect the ship’s cargo. Peel Ports began offloading the bags of ammonium nitrate on to the sister ship, Zimrida. On 11 November, Peel Ports identified seawater in hold one and some staining on the lower bags. Peel Ports notified the HSE, Dr Flood, and again requested its attendance to inspect the bags and the material. HSE refused to attend and inspect. Peel Ports sent them photographs and videos of the cargo in hold one. Peel Ports employed its own explosives experts, Dr Jim Warren and Dr Charles Owen, to attend and inspect the cargo. They reported that they could wipe the staining off the bags, concluding that it was unlikely the bags were contaminated. Peel Ports again requested HSE attendance, which was refused. Peel Ports’ view was that it could safely unload the stained bags—the ship had previously carried a cargo of coal—on to the dock for analysis and disposal. HSE threatened sanctions and enforcement action against Peel Ports if one bag was unloaded on to the dock. I understand that legal responsibility for the material passes from the Maritime and Coastguard Agency to HSE once unloaded. It is also interesting that Norfolk Fire and Rescue Service attended MV Ruby at this time, on either 12 or 13 November, and downgraded the situation.
Dr Flood’s attitude was reported by many of the stakeholders to be aggressive, inappropriate and unprofessional, with the use of foul language and even banging his fist on the table and telling people, “This is going to flatten Great Yarmouth.” Analogies to the Beirut explosion were wholly inappropriate and misleading, causing panic among both local and national Government, who have no experience of handling ammonium nitrate. It is incredible that he did that without either a site visit or proper physical analysis of the material before the dumping. Was he too lazy to do what common sense suggested was the correct cause of action? Dr Flood only attended the site and inspected a small number of remaining split bags of material on Monday 18 November, after being instructed to attend by a Minister. I understand that he put on a new pair of rubber gloves which he thrust into the ammonium nitrate and then threw the gloves on to the table, claiming they smelt of diesel. Other people report that they understandably smelt of new rubber. This was also after the gross act of environmental terrorism. To carry out no inspection before dumping is quite extraordinary.
This kind of behaviour is not uncommon from the HSE, which is a law unto itself, clearly employing a policy of “Do as I say, not as I do”. The question is, who regulates the regulator? When we understand that the HSE is part of the Department for Work and Pensions, no further explanation is necessary or indeed possible. We now find that the Marine Management Organisation, the MCA, the Environment Agency, the Department for Environment, Food and Rural Affairs and the HSE all blame the dumping on the ship's captain. All other possible sensible options were blocked, but does this silence make them complicit in this catastrophe ? I conclude that it does.