The Lifeboat Saga: More Comments
According the ITV, "Jersey's newly formed independent lifeboat service say they could be up and running in as little as four weeks."
My friend Adam Gardiner has posed some rather good questions about the proposed Independent Lifeboat - see below. So far, it seems there is nothing substantial on the table. For the moment all we seem to have are talking-shop meetings and no concrete business plans.
My friend Adam Gardiner has posed some rather good questions about the proposed Independent Lifeboat - see below. So far, it seems there is nothing substantial on the table. For the moment all we seem to have are talking-shop meetings and no concrete business plans.
This blog is about raising awareness of issues which need to be considered if an Independent Lifeboat is to be feasible. It is not taking sides. It is setting out facts and asking questions.
Regarding finances, one would expect some kind of financial structure, such as a trust with trustees to be set up. Nothing seems to have been mentioned in any kind of detail about this, but it is surely a prerequisite before fund raising. Banks tend to be rather fussy about just opening up bank accounts nowadays and require proper due diligence to be completed first.
Regarding finances, one would expect some kind of financial structure, such as a trust with trustees to be set up. Nothing seems to have been mentioned in any kind of detail about this, but it is surely a prerequisite before fund raising. Banks tend to be rather fussy about just opening up bank accounts nowadays and require proper due diligence to be completed first.
The independent lifeboats in Southport come under the umbrella of management by the Southport Rescue Trust. There is mention that "a charity will be set up next month" but no details at any meetings of its constitution.
Southport is a limited company, registered with the UK Charities Commission (Jersey has its own Commissioner) and files public accounts. The charity's trustees are also the directors for the purposes of company law. Has anyone looked into the detail for something similar for Jersey? Nothing has been reported so far as I can see.
http://apps.charitycommission.gov.uk/Accounts/Ends05/0001146805_AC_20170331_E_C.pdf
Some mention has been made about chartering a boat, but that still leaves unresolved the matter of insurance (see below).
John Refault made the suggestion that the States could lease the existing boat, and it come under the umbrella of the Coastguard, being manned by the old crew. While that seems like a good suggestion, keeping the crew and RNLI at arm’s length, it fails to address the issue that part of the issues with Andy Hibbs arose from a dispute with the Coastguard and salvage. It also fails to address insurance, unless he proposes the States underwrites that, in which case some figures again would need to be forthcoming.
Minister Steve Luce has said: ‘Let me be very clear. The States are backing anybody who is prepared to come forward at the quickest possible moment with a lifeboat and a crew, the right kit and licences, everything that is required by the Harbourmaster.”
He has also said: “This will include regular inspections of equipment and vessels, and ensuring that all members of the crew have the required training. The rules that apply to the institution will equally apply to an independent boat. It’s not going to be possible in this day and age to just take a boat to sea and operate it without the proper training, without the proper checks and balances.”
So there would be a chain of command under the Harbourmaster who has, as he states, “the legal responsibility to coordinate search-and-rescue operations in Jersey’s territorial waters. “
Andy Hibbs, meanwhile, is on record as stating that: “We are sorry that it has come to this but it is not of our making. This was all started from one harbourmaster and his assistant.”
How then can John Refault’s suggestion come to fruition when there is not just a dispute between Andy Hibbs and the RNLI, but also with the Harbourmaster (according to Mr Hibbs)?
Meanwhile the RNLI has said that the former crew of the George Sullivan lifeboat would be "welcome" to return, if "collaborative working practices" are kept to.
It would be useful to have exactly what is meant by that spelt out in more detail, but clearly an olive branch is being waved.
An independent review is also something which is badly needed, as a lack of information and the conspiracy theories that engenders (as well as quite probably some clashes of personalities) needs to be addressed once and for one. For once, I find myself in agreement with Gino Risoli on the lack of transparency.
If small island communities become divided on issues, this can escalate very rapidly to a point where confrontation seems the only option. This is not good for Jersey.
Questions raised by Adam Gardiner
Cost
Who will be meeting the cost of the charter? Even a small boat let alone a specialist one, is not cheap to charter. I assume they also mean a dry charter (i.e. no crew or insurance provided) as they will crew and insure themselves – just as happens with aircraft. A dry charter will certainly reduce costs, but a boat of this kind would still run to £1,000’s per week, yet unlike an airplane it is not commercially operated and can therefore recover its charter cost.
Insurance
So what about insurance? The boat is designed to go into high risk situations where not only the boat and crew is at risk, but also those it may be called upon to rescue – public liability indemnity. The premiums cannot be insignificant. Further, will any underwriter take on the risk of such a boat if it does not yet have a ‘home – a trust or other legal instrument?
Insurance is always specific to risk, that is what risk assessors do and underwriters count upon to protect their 'investment'. Therefore any insurance could not be some sort of global policy in this instance, but one specially drawn for the boat and its intended operations. One may even need to consider whether or not anyone may even want to underwrite the risk on a £2.5m vessel crewed by now unregulated volunteers whose purpose is to enter into hazardous situations.
The RNLI will however have a consolidated policy for all its boats and crews - another reason why they need to ensure all volunteer crews are trained and must comply with all RNLI regulations and standards. Apart from the Cister Lifeboat, ALL independent stations in the UK operate inshore RIBS which have lower insurance premiums.
Permissions
Would it get permissions? Deployment would fall under the control of Coastguard, Harbourmaster and Ports of Jersey. It would also need to operate within their regulations and that of the law. Given that Andy Hibbs has castigated all three, there may be some difficulties in sorting out protocols for deploying a freelance service. There are also several side issues, like having access to SAR telecommunications (TETR) and other emergency services coms networks.
Stationing the Boat
Where would the boat be stationed? It has already been strongly advised that there are no readily available moorings in St. Helier harbour. That does not leave much in the way of alternatives. St. Aubin is tidal so that is out and St. Catherine’s doesn’t have a jetty – has a lifeboat anyway and too far out of St. Helier to affect an emergency launch. All other harbours are either tidal or too small. They may consider a beach launch but that would require planning consent and more. This would need to be resolved.
Southport is a limited company, registered with the UK Charities Commission (Jersey has its own Commissioner) and files public accounts. The charity's trustees are also the directors for the purposes of company law. Has anyone looked into the detail for something similar for Jersey? Nothing has been reported so far as I can see.
http://apps.charitycommission.gov.uk/Accounts/Ends05/0001146805_AC_20170331_E_C.pdf
Some mention has been made about chartering a boat, but that still leaves unresolved the matter of insurance (see below).
John Refault made the suggestion that the States could lease the existing boat, and it come under the umbrella of the Coastguard, being manned by the old crew. While that seems like a good suggestion, keeping the crew and RNLI at arm’s length, it fails to address the issue that part of the issues with Andy Hibbs arose from a dispute with the Coastguard and salvage. It also fails to address insurance, unless he proposes the States underwrites that, in which case some figures again would need to be forthcoming.
Minister Steve Luce has said: ‘Let me be very clear. The States are backing anybody who is prepared to come forward at the quickest possible moment with a lifeboat and a crew, the right kit and licences, everything that is required by the Harbourmaster.”
He has also said: “This will include regular inspections of equipment and vessels, and ensuring that all members of the crew have the required training. The rules that apply to the institution will equally apply to an independent boat. It’s not going to be possible in this day and age to just take a boat to sea and operate it without the proper training, without the proper checks and balances.”
So there would be a chain of command under the Harbourmaster who has, as he states, “the legal responsibility to coordinate search-and-rescue operations in Jersey’s territorial waters. “
Andy Hibbs, meanwhile, is on record as stating that: “We are sorry that it has come to this but it is not of our making. This was all started from one harbourmaster and his assistant.”
How then can John Refault’s suggestion come to fruition when there is not just a dispute between Andy Hibbs and the RNLI, but also with the Harbourmaster (according to Mr Hibbs)?
Meanwhile the RNLI has said that the former crew of the George Sullivan lifeboat would be "welcome" to return, if "collaborative working practices" are kept to.
It would be useful to have exactly what is meant by that spelt out in more detail, but clearly an olive branch is being waved.
An independent review is also something which is badly needed, as a lack of information and the conspiracy theories that engenders (as well as quite probably some clashes of personalities) needs to be addressed once and for one. For once, I find myself in agreement with Gino Risoli on the lack of transparency.
If small island communities become divided on issues, this can escalate very rapidly to a point where confrontation seems the only option. This is not good for Jersey.
Questions raised by Adam Gardiner
Cost
Who will be meeting the cost of the charter? Even a small boat let alone a specialist one, is not cheap to charter. I assume they also mean a dry charter (i.e. no crew or insurance provided) as they will crew and insure themselves – just as happens with aircraft. A dry charter will certainly reduce costs, but a boat of this kind would still run to £1,000’s per week, yet unlike an airplane it is not commercially operated and can therefore recover its charter cost.
Insurance
So what about insurance? The boat is designed to go into high risk situations where not only the boat and crew is at risk, but also those it may be called upon to rescue – public liability indemnity. The premiums cannot be insignificant. Further, will any underwriter take on the risk of such a boat if it does not yet have a ‘home – a trust or other legal instrument?
Insurance is always specific to risk, that is what risk assessors do and underwriters count upon to protect their 'investment'. Therefore any insurance could not be some sort of global policy in this instance, but one specially drawn for the boat and its intended operations. One may even need to consider whether or not anyone may even want to underwrite the risk on a £2.5m vessel crewed by now unregulated volunteers whose purpose is to enter into hazardous situations.
The RNLI will however have a consolidated policy for all its boats and crews - another reason why they need to ensure all volunteer crews are trained and must comply with all RNLI regulations and standards. Apart from the Cister Lifeboat, ALL independent stations in the UK operate inshore RIBS which have lower insurance premiums.
Permissions
Would it get permissions? Deployment would fall under the control of Coastguard, Harbourmaster and Ports of Jersey. It would also need to operate within their regulations and that of the law. Given that Andy Hibbs has castigated all three, there may be some difficulties in sorting out protocols for deploying a freelance service. There are also several side issues, like having access to SAR telecommunications (TETR) and other emergency services coms networks.
Stationing the Boat
Where would the boat be stationed? It has already been strongly advised that there are no readily available moorings in St. Helier harbour. That does not leave much in the way of alternatives. St. Aubin is tidal so that is out and St. Catherine’s doesn’t have a jetty – has a lifeboat anyway and too far out of St. Helier to affect an emergency launch. All other harbours are either tidal or too small. They may consider a beach launch but that would require planning consent and more. This would need to be resolved.
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