Prime Minister Robert Abela should reconsider his decision to encourage commuters to stay in their cars during the Gozo ferry crossing, a leading maritime lawyer has advised.
Anne Fenech, one of the island’s foremost experts in maritime law, said such a move went against the spirit of international law, was potentially dangerous and should only be used in "exceptional circumstances".
"Every possible alternative should be explored first before any exceptions to the these international rules is considered, which would subject people to great risk," she said.
Abela on Wednesday urged the public to remain in their parked cars in the holding decks of Gozo Channel ferries during carnival weekend while crossing between Malta and the sister isle in a bid to limit the spread of COVID-19.
Gozo channel has already sought permissions for the temporary measure.
“For those people who board with their vehicle on the ferry, they will be encouraged to remain in their cars throughout the journey,” he said.
Abela was speaking during a press conference announcing a raft of new measures that will come into effect on Monday, following a spike in coronavirus cases since Christmas.
Fenech told Times of Malta that the decision went against the spirit of international law.
“Safety regulations such as SOLAS and EU directive 2009/45 need to be followed and exceptions should be permitted with great caution."
"These regulations safeguard the safety of passengers and often are the result of serious casualties which cannot be ignored,” Fenech said.
'Explore other options'
Controlling social distancing on ferries is challenging but not impossible, she explained.
Given the safety hazards involved in not allowing passengers out of their cars, the authorities should look at alternative ways of ensuring people were social distancing such as employing extra marshalls.
"Ferries are very large and spacious especially if they will be operating at half capacity so people are able to spread out," she pointed out.
Fenech, who is also the president of the Malta Maritime Law Association, pointed to EU Directive 2009/45/EC that says “...without the express consent of the master or the designated officer, no passengers are allowed access to an enclosed roll on-roll off deck when the ship is under way.”
However, the ferry service provider says it has already sought the necessary permission to do so.
Fenech said the directive had mirrored what is laid out in the International Convention for the Safety of Life at Sea and has long been transposed into Maltese law.
“The reason for this is very simple: in a ro-ro ferry, because of the bow doors, it is simply unsafe to remain in the car deck. If for some reason the crew is unable to shut the bow doors or it remains open, or opens during a voyage and there is an ingress of water it will be impossible to control the amount of water that will enter into that car deck. You’ll have no hope in hell of controlling that,” she said.
“The point here is that for very serious safety reasons, passengers are always instructed to not remain in cars, and there are even signs on board the Gozo Channel ferries.”
Fenech, who is also the president of the Malta Maritime Law Association, pointed to EU Directive 2009/45/EC that says “...without the express consent of the master or the designated officer, no passengers are allowed access to an enclosed roll on-roll off deck when the ship is under way.”
'Permission granted'
However, the ferry service provider says it has already sought the necessary permission to do so.
Joe Cordina, the chairman of the Gozo Channel, told Times of Malta that back in April 2020, he had consulted the Harbour Master on the introduction of a temporary measure to encourage passengers to remain in cars during the crossing.
“Captain David Bugeja confirmed that in such exceptional circumstances this precautionary measure is in the public interest to minimize the spread of Covid-19, and will cease once the situation returns to normal. This confirmation had been communicated to the Gozo Affairs Parliamentary Committee on May 12, 2020 in the presence of all the Gozitan MPs,” Cordina said.
It turns out that the issue of encouraging passengers to remain in their cars during crossings had actually be raised in Parliament once before.
Back in March of last year, just as the pandemic reached Malta’s shores, Opposition MP Kevin Cutajar had asked whether the government would consider directing commuters to remain in their parked cars bellow deck.
At the time, however, Gozo Minister Clint Camilleri had skirted the matter, instead providing a series of health measures introduced for crossings.