1 May, 2014 Draft
Regulatory
Impact Analysis
Maritime
Labour
Convention 2006
PREPARED BY THE DEPARTMENT OF TRANSPORT, TOURISM AND SPORT – MAY 2014
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Summary of Regulatory Impact Analysis (RIA)
Department/Office:
Department of Transport, Tourism and Sport Title of Legislation:
1. Merchant Shipping Act 2010 (Maritime Labour
Convention) Commencement Order;
2. Merchant Shipping (Maritime Labour
Convention)Flag State (Inspection & Certification)
Regulations;
3. Merchant Shipping (Maritime Labour
Convention)Crew Accommodation and Recreational
Facilities, Food and Catering and Ships’ Cook
Certification Regulations;
4. Merchant Shipping (Maritime Labour Convention)
Shipowners’ Liability and Repatriation of Seafarers
Regulations;
5. Merchant Shipping (Certification of Ships’
Cooks)Revocation Order;
6. Merchant Shipping (Maritime Labour Convention)
Seafarers’ Employment Agreements and Wages
Regulations
7. Merchant Shipping (Maritime Labour Convention)
Medical Regulations
8. Protection of Young Persons
(Employment)(Exclusion of Workers in the Fishing
Sector) Regulations
9. Merchant Shipping (Maritime Labour Convention)
Organisation of Working Time Regs (Amendment)
10. Merchant Shipping (Variation of Seamen's
Provisions) Revocation Order
Related Publications: Merchant Shipping Act 2010
Maritime Labour Convention 2006
Available to view or download at: www.irishstatutebook.ie
www.ilo.org/
Contact for enquiries: Hilary Dalton Telephone: 01 604 1577 ([email protected])
Policy options considered:
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1. No change (“do nothing”)
2. Provide for aspects of the Convention in national law, without ratifying the Convention.
3. Ratify the Maritime Labour Convention, and introduce the necessary legislation to meet our obligations
under the Convention
Preferred Option:
Option 3 is the preferred option because it ensures that Ireland’s meets its international obligations
OPTIONS
Option COSTS BENEFITS IMPACTS
1. No
Change
There would be
some increased
costs for the
industry, in that
shipowners who
operate
internationally
would have to
comply with the
Convention, even
if we do not ratify.
There would be no
additional costs for
shipowners who do
not operate
internationally.
No benefits No action would result in Irish ships being at a
disadvantage, as our ships which travel
internationally would be subject to additional
inspections in foreign ports.
The Marine Survey Office (MSO) would not be
in a position to carry out port State control
inspections for international ships arriving into
our ports (for the purposes of ensuring
compliance with MLC), as we would not be a
party to the Convention.
Non-ratification could result in Irish shipowners
considering the possibility of registering their
ships in Member States which have ratified the
Convention, in order to avoid increased scrutiny
of their ships in foreign ports, as well as possible
loss of charters. This could carry significant
negative implications for Ireland for trade and
employment in the sector.
Irish seafarers could face increasing employment
difficulties on-board ships flying the flag of
States who have ratified, as they would not be
holding the most appropriate medical
certificates, in line with the ILO MLC.
Additionally, seafaring employment agencies
located in Ireland could also be at a disadvantage
as they would be based in a State which is not a
party. Recently, An Taoiseach welcomed the
establishment of such a company and the
associated new jobs in this and other companies
in the shipping sector could be threatened by
non-ratification. Link:
http://www.flagshipmgt.com/2013/07/19/irish-
taoiseach-enda-kenny-welcomes-flagship-
management-to-ireland/
Non-ratification could be seen by trade unions
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and seafarers’ employment organisations as a
failure to adequately safeguard seafarers’ living
and working conditions.
2. National
Law
There would be
some increased
costs for the
industry, in that
relevant
shipowners would
have to comply
with national
legislation.
Shipowners which
operate
internationally
would have to
comply with the
Convention
requirements,
thereby incurring
additional costs.
There would be
benefits for
seafarers in
that national
Regulations
would entitle
them to better
living and
working
conditions
provided for in
the
Convention.
All of the impacts relevant to Option 1 would
also apply here (apart from the last paragraph)
as, despite the fact that seafarers would benefit
from better conditions, without ratification,
Ireland would not be a party to the Convention
and MLC Certificates could not be issued. MLC
Certificates are taken as evidence of compliance
with the Convention in port States. Without the
certificates, Irish Ships would be subjected to
increased inspections abroad, even though they
would be in compliance with the Convention
through the application of national legislation.
3. Ratify
ILO
MLC,
2006
Some increased
costs for
shipowners in
ensuring
compliance with
the Convention
and, where
appropriate, in
paying ROs for
certification and
intermediate
inspections.
Increased costs for
MSO in training
surveyors in MLC
implementation.
New fees for MLC
Certificates would
be paid by
shipowners when
Fees Order is
made.
Decent work
for seafarers
and secure
economic
interests by
ensuring fair
competition for
shipowners.
Seafarers,
employed on
Irish ships and
ships of other
administrations
would be
protected by
the Convention
and our
shipowners
would operate
ships that
comply with
this new
regulatory
framework.
Ireland would
comply with
Convention
Irish ships would not be subject to additional
inspections abroad.
MSO would be in a position to carry out port
State control on foreign ships entering our ports
for the purposes of ensuring compliance with the
Convention.
Positive impact on Ireland’s reputation from a
trade and employment perspective and could
encourage ships to register on the Irish flag
leading to growth in the merchant fleet.
Irish seafarers would carry the most up to date
ILO Medical Certificate resulting in better
employment prospects on ships flying the flag of
other ratifying States.
Seafarers’ employment agencies could be more
encouraged to set up business in Ireland, as a
ratifying party to the Convention which provides
seafarers with significantly improved living and
working conditions.
Ireland’s reputation as a State which protects the
rights of seafarers would improve, and there
would be less likelihood of trade union issues
arising.
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and maintain
our
status/position
within the
international
shipping
community.
A more secure,
better protected
and responsible
maritime
workforce, and
a more socially
responsible
shipping
industry.
A strong
enforcement
regime for
living and
working
conditions,
with a
certification
system.
1. Summary of the RIA
MLC entered into force on the 20th
August 2013 for members who have ratified the Convention, and it will
enter into force for Ireland 12 months after the date our ratification is registered with the ILO.
Ireland, along with other ILO Member States, must bring the Convention into force via national legislation.
Section 87 of the Merchant Shipping Act 2010 enables the Minister for Transport, Tourism and Sport to
make regulations to fulfil the State’s commitments in relation to the merchant shipping aspects of the
Convention for Irish ships and seafarers working on those ships.
Ireland supports the Maritime Labour Convention, and has been making preparations to ratify it. DTTAS
(and where appropriate DJEI) have been working with the Office of the Parliamentary Counsel on the
drafting of a package of Regulations, in order to enable Ireland to ratify. It is a complex project involving
the drafting of approximately 10 S.I’s, relating to the enforcement of the Convention from a flag State
perspective, and technical standards as set out in the Convention relating to living and working conditions
for seafarers. A number of SI’s also impact on employment legislation. Furthermore, along with the
Convention, Directive 2009/13/EC1 requires transposition. (This Directive also entered into force on 20
th
August 2013 and must be transposed by 20th
August 2014).
The implementation of the Convention is an international obligation to which Ireland signed up in 2006.
The preferred option therefore is to ratify the Convention and implement it nationally. There are some
1Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA)
and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention 2006 and amending Directive
1999/63/EC.
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associated costs in implementing the Convention, both for the shipping industry and for the competent
authority, which is designated as the Marine Survey Office (MSO) of the Irish Maritime Administration
(IMA). (The IMA is a new, over-arching maritime safety section in the Department of Transport, Tourism,
and Sport which comprises a number of Units, including the MSO.) The increased costs are unavoidable
however, as the industry would have to comply with the Convention once it is in force, given the “no more
favourable treatment” clause in the Convention. This clause seeks to ensure a level playing field under
which the ships of countries that have ratified the Convention will not be placed at a competitive
disadvantage, as compared with ships flying the flag of countries that have not ratified the MLC.
The Convention consolidates previous ILO Conventions, so while there are some new requirements, the
Convention aims at maintaining the standards in the current instruments at their present level, while leaving
each country greater discretion in the formulation of their national laws. The new Convention contains
minimum standards that are well within the current industry practice, and should easily be met by most
shipowners.
The increased costs are outweighed however, by the many benefits of implementing the Convention, namely
the fact that seafarers will be better informed of their rights and of remedies available, improved
enforcement of minimum working and living conditions, the right to make complaints both on board and
ashore, and the introduction of a strong enforcement regime, backed by a certification system. Furthermore,
the Convention will result in the development of a more secure and responsible maritime workforce, and a
more socially responsible shipping industry.
2. Description of Policy Context, Objectives and Options
POLICY CONTEXT/BACKGROUND
The Maritime Labour Convention 2006 (MLC) was adopted at the 94th
International Labour Organisation’s
(ILO) Maritime Session, on 23rd
February 2006 in Geneva. The Convention seeks to ensure that the
employment and social rights of seafarers on Irish ships are fully implemented. The new Convention
consolidates and updates over 60 maritime labour instruments adopted by the ILO since 1920. Ireland was
represented at the Conference by a tripartite delegation consisting of Government officials, nominees of the
employers (IBEC) and of the workers (ICTU). This tri-partite group played an active role in developing the
Convention and fully supports the measures it contains.
The Convention is organised into five general areas covering: -
Title 1.Minimum requirements for seafarers to work on a ship (minimum age; medical certification; training
and qualifications of seafarers; recruitment and placement standards).
Title 2. Conditions of employment (employment agreements; wages; hours of work and hours of rest;
entitlement to leave; repatriation; seafarers compensation for ship’s loss or foundering; manning levels;
careers and skills development and opportunities for employment).
Title 3.Accommodation, recreational facilities, food and catering.
Tile 4 Health protection, medical care, welfare & social security provision (medical care on board ship and
ashore; ship owners liability; health and safety protection and accident prevention; access to shore-based
welfare facilities; social security).
Title 5.Compliance and enforcement (Flag State responsibilities; Port State responsibilities; labour
supplying responsibilities).
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The Convention entered into force twelve months after the date on which there were registered ratifications
by thirty ILO Member States with a total share of at least 33% of the world gross tonnage. This criteria was
met on 20th
August 2012 so the Convention has been in force for those 30 countries since the 20th
August
2013.
Ireland, along with other ILO Member States, must bring the Convention into force via national legislation.
Section 87 of the Merchant Shipping Act 2010 enables the Minister for Transport, Tourism and Sport to
make regulations to fulfil the State’s commitments in relation to the merchant shipping aspects of the
Convention for Irish ships and seafarers working on those ships.
The Convention will enter into force for Ireland 12 months after our Instrument of Ratification is registered
with the ILO.
In terms of application, it is proposed to apply the Convention to all Irish seagoing ships wherever they may
be. Any ship which comes within the definition of “seagoing” is covered by the Convention. A seafarer is
defined as any person, including the master, who is employed or engaged or works in any capacity on board
a ship and whose normal place of work is on the ship, but excludes pilots. For the purposes of the
Convention, “ship” means any vessel, whether publicly or privately owned, which is ordinarily engaged in
commercial maritime operations, being a vessel other than a fishing vessel or warships or naval auxiliaries.
Only vessels of 500 GT or over which operate internationally are subject to certification inspections, which
will be carried out by ROs. A Maritime Labour Certificate is valid for 5 years, but the validity of the
Certificate is subject to an intermediate inspection to ensure continuing compliance with national
implementing legislation. These intermediate inspections will also be carried out by ROs. All other vessels
which come within the scope of the Convention, will be subject to general inspections every three years.
These inspections will be carried out by the MSO in tandem with other inspections.
OBJECTIVES
The Maritime Labour Convention seeks to establish a global standard for the living and working conditions
of seafarers. The European Commission has also endorsed the objectives of the Maritime Labour
Convention through EC Council Directive 2009/13/EC and two further Directives on enforcement from a
port State and flag State perspective, which have been recently concluded.
According to the ILO, the basic objectives of the MLC, 2006 are:
to ensure comprehensive worldwide protection of the rights of seafarers (the Convention is
sometimes called the seafarers’ Bill of Rights);
to establish a level playing field for countries and shipowners committed to providing decent
working and living conditions for seafarers, protecting them from unfair competition on the part of
substandard ships.
DTTAS’ ultimate objective is to provide the legislative basis for the implementation of the MLC for Irish
ships and seafarers working on those ships.
In order to achieve this objective, Government approval to ratify the Convention is being sought. It is then
intended to lodge an instrument of ratification with the ILO. Under the Convention, there will be a 12
month period between the registration of an instrument of ratification and the entry into force of the
Convention for a Member State. The draft package of Regulations will be finalised during this intervening
period; (in fact, all Regulations are due for completion by 20 August 2014 in order to comply with the
Directive), and the inspection and certification system can commence, with the issue of MLC Certificates
where appropriate. (It should be noted that only ships of 500 GT and over, which operate internationally,
are required to be certified).
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Some transitional arrangements have been put in place to cover the period since 20 August 2013 when the
Convention entered into force internationally.
OPTIONS/CHOICES
The three policy options considered were –
Option 1 – No change or “do nothing”.
Option 2 - Provide for aspects of the Convention in national law, without ratifying the
Convention.
Option 3 – Ratify the Maritime Labour Convention, and introduce the necessary legislation to
meet our obligations under the Convention.
Option 1 – No-change/Do Nothing
This could have a detrimental effect on the Irish shipping fleet, as they would be liable to undergo
inspections in foreign ports. This could lead to additional costs to shipowners and undue delays due to
inspections. Furthermore, this could effect the reputation of Ireland with the international maritime
community. It would also impact negatively on Irish seafarers who work, or are seeking employment, on
ships of States which have ratified the convention. Such seafarers may find it difficult to remain in
employment, or to find employment, if Ireland has not ratified the Convention.
Option 2 – Provide for aspects of the Convention in national law, without ratifying the Convention.
While this option would provide for national implementation of aspects of the MLC, we would not be a
party to the Convention and would not be in a position to issue MLC Certificates to Irish flagged ships,
which would result in the same detrimental effects on Irish shipping as outlined in option 1. The MLC
Certificate is taken as evidence of compliance with the Convention, so the absence of the Certificate would
result in additional inspections to Irish ships when they travel to foreign ports, whether they are actually in
compliance with the Convention or not. This option would impact negatively on Irish seafarers seeking
employment on ships of other ratifying States as they may find it difficult to remain in employment or find
employment if Ireland has not ratified the Convention.
Option 3 - Ratify the Maritime Labour Convention, and introduce the necessary legislation to meet
our obligations under the Convention.
Ratification is required in order that we meet our international obligations and to provide for decent living
and working conditions for seafarers on-board Irish flagged ships. It is also required to provide for the
enforcement of decent living and working conditions on foreign flagged ships visiting Irish ports. This
option would also safeguard the employment of Irish seafarers working on ships of ratifying States and
facilitate and secure their future employment.
3. Analysis of costs, benefits and impacts
The costs, benefits and impacts of each Option are set out below:
(i) Costs
Option 1 – In theory, one would assume that there would be no additional costs to the industry of we pursue
the “do nothing” option. This is only true for domestically operating shipowners, however, and the reality is
that the element of the industry which operate internationally will have to comply with the Convention in
any event, thereby incurring additional costs. The costs to the MSO arising from the implementation of the
Convention are not very significant, given that the general application of the Convention will be
implemented by existing MSO staff in course of their normal inspection duties. While the MSO will carry
out general inspections, the certification inspections (and intermediate inspections) for ships of 500 GT or
over, which operate internationally, are being delegated to the Recognised Organisations (ROs).
Shipowners will pay ROs directly for those inspections and there are no additional costs to the State. The
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savings involved in not implementing the Convention would be outweighed by the negative international
reputational issues which would arise in relation to Ireland as a flag State.
Option 2 – Additional costs would arise for the shipping industry in the case of option 2, but without the
benefits arising from being a party to the Convention. The issue outlined with Option 1 also arises here –
ships that operate internationally will have to comply with the Convention in any event, even where we have
not ratified. While the MSO would not be in a position to issue MLC Certificates under this option, they
would have an obligation to ensure compliance with national legislation, so there would be some additional
costs arising for the MSO in this scenario.
Option 3 – This option would lead to additional costs for the industry; however as outlined above, the
additional costs will be incurred in any event as internationally-operating parts of the industry will have to
comply with the Convention, whether Ireland is a ratifying party or not. There would also be increased
costs, where appropriate, for the industry in paying ROs for certification and intermediate inspections
Additionally, new fees for MLC Certificates would be required to be paid by shipowners when a Fees Order
is made. In the case of the MSO, some additional costs would arise in relation to training of surveyors in the
implementation of the Convention.
The following sets out the cost and resource implications for the MSO:
Initially it is expected there will be a spike in Port State Control (PSC) related work until Surveyors gain
experience at PSC work in relation to the MLC. It is predicted that the MLC will occupy the total person
hours for one surveyor. Initially the administrative burden will be high until the DMLC Part 1s are in place,
but from there on, the administration burden should be relatively small. The MLC will occupy MSO
management staff to a significant degree until the MLC is in force in Ireland and internationally, but once
the initial surge of work is over, the management workload should lessen considerably.
The MSO will need to monitor the work of the RO in carrying out certification/intermediate inspections. It
is envisaged that an MLC checklist will be added to the annual flag state inspection for Irish international
trading vessels.
The MSO will be required to carry out inspections on the vessels that are not covered by ROs, but are
subject to the convention.
Additional PSC work will result once the convention enters into force. There is a possibility that Paris MOU
Concentrated Inspection Campaigns may result.
It is estimated that the initial cost associated with the implementation of the Convention will amount to
approximately €43,000 to cover training of MSO Surveyors. Ongoing annual costs should only be in the
region of €11,000.
(ii) Benefits
Option 1 – There are no benefits associated with this option.
Option 2 - There would be benefits for seafarers in that national Regulations would entitle them to better
living and working conditions provided for in the Convention. However, this would be offset by the fact
that Ireland would not be a ratifying party and seafarers may find themselves disadvantaged, for example, by
carrying medical certification from a State which is not a party to the Convention.
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Option 3 – This option would result in decent work for seafarers and secure economic interests by ensuring
fair competition for shipowners. Seafarers, employed on Irish ships and ships of other administrations
would be protected by the Convention, and our shipowners would operate ships that comply with this new
regulatory framework which ensures decent living and working conditions for seafarers. Ireland would
comply with this new Convention and maintain our status/position within the international shipping
community. The Convention will result in a more secure, better protected and responsible maritime
workforce, and a more socially responsible shipping industry. Furthermore, the development of a strong
enforcement regime for living and working conditions, with a certification system, is a major benefit in the
pursuit of a better quality shipping sector.
(iii)Impacts
Option 1 - No action would result in Irish ships being at a disadvantage, as our ships which travel
internationally will be subject to additional inspections in foreign ports.
The MSO would not be in a position to carry out port State control inspections for international ships
arriving into our ports (for the purposes of ensuring compliance with MLC), as we would not be a party to
the Convention.
Non-ratification could result in Irish shipowners considering the possibility of registering their ships in
Member States which have ratified the Convention, in order to avoid increased scrutiny of their ships in
foreign ports, as well as possible loss of charters. This could carry significant negative implications for
Ireland for trade and employment in the sector.
Irish seafarers would be likely to face increasing employment difficulties on-board ships flying the flag of
states who have ratified, as they would not be holding the most appropriate medical certificates, in line with
the ILO MLC.
Additionally, seafaring employment agencies located in Ireland would also be at a disadvantage as they will
be based in a State which is not a party to the Convention. Recently, An Taoiseach welcomed the
establishment of such a company and the associated new jobs in this and other companies in the shipping
sector could be threatened by non-ratification. Link:
http://www.flagshipmgt.com/2013/07/19/irish-taoiseach-enda-kenny-welcomes-flagship-management-to-
ireland/
Non-ratification could be seen by trade unions and seafarers’ employment organisations as a failure to
adequately safeguard seafarers’ living and working conditions.
Option 2 - All of the impacts relevant to Option 1 would also apply here (apart from the last paragraph) as,
despite the fact that seafarers would benefit from better conditions, without ratification, Ireland would not be
a party to the Convention and MLC Certificates could not be issued. MLC Certificates are taken as
evidence of compliance with the Convention in port States. Without the certificates, Irish Ships would be
subjected to increased inspections abroad, even though they are in compliance with the Convention through
the application of national legislation.
Option 3 - Irish ships would not be subject to additional inspections abroad. The MSO would be in a
position to carry out port State control inspections on foreign ships entering our ports for the purposes of
ensuring compliance with the Convention.
There would be a positive impact on Ireland’s reputation from a trade and employment perspective, and the
pursuit of this option could encourage ships to register on the Irish flag leading to growth in the merchant
fleet.
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Irish seafarers would carry the most up to date ILO Medical Certificate, resulting in better employment
prospects on ships flying the flag of other ratifying States.
Seafarers’ employment agencies could be more encouraged to set up business in Ireland, as a ratifying party
to the Convention which provides seafarers with significantly improved living and working conditions.
Ireland’s reputation as a State which protects the rights of seafarers would improve, and there would be less
likelihood of trade union issues arising.
Other Impacts
Jobs and National competitiveness
The implementation of the Convention would improve the employment prospects of Irish seafarers given
that we would be a ratifying party and seafarers would hold the most up to date medical certification as
provided in the Convention. The implementation of the Convention may enhance the perception of the Irish
flag, which could lead to growth in the merchant fleet. Irish ships abroad would be able to operate more
efficiently, given that ratification of the Convention would reduce the need for additional inspections to be
carried out on Irish ships in foreign ports. Implementation of the Convention should lead to a more secure,
better-protected and responsible maritime workforce.
The socially excluded and vulnerable groups, people with disabilities and rural communities
There are no negative impacts on the socially excluded, vulnerable or lower socio-economic groups, people
with disabilities or rural communities.
The environment
There are no negative impacts on the environment by ratifying and implementing the Convention.
The rights of citizens
The rights of seafarers would be improved by the implementation of the Convention as it provides for
measures which will lead to better working and living conditions for seafarers. The application of
Regulations relating to working hours, medical certification, training and qualifications, manning levels,
medical care and health and safety protection would result in a safer working environment which would
benefit citizens generally. The introduction of an inspection regime specifically for MLC compliance would
also benefit seafarers by ensuring that the rights afforded to them under the Convention are correctly applied
by shipowners.
Compliance Burdens, including Administrative Burdens The Marine Survey Office will have responsibility for ensuring compliance with the Convention. They will
be supported in this role as and when required by the Recognised Organisations approved by the Minister
for Transport, Tourism and Sport. While many aspects of the Convention are already set out in previous
ILO Conventions such as ILO 147, there are some new requirements under MLC 2006 which will increase
the compliance burden for shipowners. For example there is a new requirement to provide an individual
employment agreement for every seafarer. The MSO has been working with the National Maritime College
of Ireland (NMCI) to develop a standard employment agreement for cadets, and engagement has also taken
place with the industry on this aspect of the Convention. There will be a requirement for shipowners to
complete a Declaration of Maritime Labour Compliance Part II in order to get MLC certification, while the
MSO will have to complete a Declaration of Maritime Labour Compliance Part I. It should be noted that
certification is only required for ships of 500 GT or over which operate internationally.
The compliance burden will not be significantly increased however, as many of the requirements are already
in place. In fact, the consolidation of over 60 ILO Conventions will assist in streamlining the management
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of working and living condition requirements by bringing them all together into one Convention. The
Convention should result in a simplification of reporting obligations for Member States, given that all issues
related to seafarers living and working conditions will now be dealt with in one Convention.
North-South and East-West Relations
The UK ratified the Convention in August 2013, so it will enter into force for them in August 2014. DTTAS
has met with officials from the Maritime and Coastguard Agency (MCA) in the UK in order to discuss their
approach to ratification given the level of trade that occurs between the UK and Ireland. While different
approaches have been taken on some issues, the overall approach adopted by the UK and Ireland is similar
in terms of application and definition of seafarer.
4. Consultation
Article VII is entitled “Consultation with shipowners’ and seafarers’ organisations” and is in line with the
tripartite ethos of the International Labour Organisation. The Convention requires that there is consultation
with shipowners and seafarers’ organisations on certain items within Part A of the Code (mandatory
provisions). In order to meet our obligation for consultation, the Department sought the views of
stakeholders on a number of proposals in respect of the consultation elements contained within a number of
Articles and elements of Part A of the Code.
This consultation process took place between January and May 2011 and observations received have been
taken into account in the drafting of implementing legislation.
Consultation has also taken place with a number of relevant Government Departments in relation to aspects
of the Convention which are of relevance to them. The Departments of Transport, Tourism and Sport and
Jobs, Enterprise and Innovation have worked closely together, given that the competent authority for the
implementation of the Convention has been designated as the Marine Survey Office of DTTAS, while DJEI
has overall responsibility for ILO matters. Furthermore, the requirements of the Convention have in some
cases an impact on national employment legislation. Consultation in relation to legal issues and drafting of
Regulations has therefore been necessary. A number of inter-departmental working group meetings were
held in the preparation for ratification, with further meetings held specifically with DJEI.
DTTAS has also liaised with Departments of Social Protection and Health, given that the Convention
includes elements relevant to those Departments. Regulation 4.5 of the Convention provides that all
seafarers have access to social security protection; that each Member undertakes to take steps according to
its national circumstances, to achieve progressively comprehensive social security protection for seafarers;
and that each Member shall ensure that seafarers who are subject to its social security legislation, are entitled
to benefits from social security protection no less favourable than that enjoyed by shore-workers. Standard
A4.5.1 of the Convention sets out 9 social security branches which must be considered with a view to
achieving progressively comprehensive social security protection. The Convention provides that at the time
of ratification, the protection to be provided by each Member must include at least 3 of the 9 branches, and it
is a requirement that the ILO be notified at the time of ratification as to the branches with which we comply.
DSP has advised that social welfare benefits are provided in accordance with the Social Welfare
Consolidation Act 2005 (as amended). These cover the full range of benefits outlined in Standard A4.5, and
include benefits in the area of sickness, unemployment, family, maternity, invalidity, old age and survivor’s
benefits. Any seafarer resident here and working on an Irish registered vessel can be insured for these
benefits and, subject to qualifying conditions, can receive a payment. Those working on other flagged
vessels are not compulsorily insured here, although they have access to non- contributory benefits if they are
regarded as habitually resident here, and can satisfy a means test. (These benefits cannot be paid outside the
jurisdiction however.) In conclusion, DSP have advised that existing social welfare provisions are adequate
to meet the needs of the Convention, and no legislative change is required.
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Regulation 4.1 of the Convention seeks to protect the health of seafarers and ensure their prompt access to
medical care on board ship and ashore. Regulation 4.1.3 states that each Member shall ensure that seafarers
on board ships in its territory who are in need of immediate medical care are given access to the Member’s
medical facilities on shore. Department of Health has advised that Irish and EU/EEA seafarers on board
ships in EU territorial waters requiring immediate medical care can access public health services, under the
provisions of EU Regulation 883/2004. The current legislative framework underpinning the Irish public
health system provides that seafarers on board ships in Irish territorial waters requiring immediate medical
care can access public health services, in line with Regulation 4.1. This entitlement is subject to the caveat
that the cost of any health care provided through the Irish public health system to seafarers, who were on
board non-EU/EEA flag ships in Irish territorial waters, is the responsibility of the seafarer/shipowner as the
case may be. (Where a person is deemed not to be "ordinarily resident" in Ireland and not attached to the
social security system of another EU\EEA Member State, the HSE may either apply the full economic costs,
or provide urgent care at a reduced cost, or, where hardship may be caused, provide the service at no cost. It
is understood from the Department of Health that the HSE bills the shipowner where the seafarer can't pay,
and it is understood that the bill is usually paid.)
In this context, it should be noted that Regulation 4.2 of the Convention deals with shipowners’ liability,
which seeks to ensure that seafarers are protected from the financial consequences of sickness, injury or
death occurring in connection with their employment. Regulation 4.2 provides that shipowners shall be
liable to bear the costs for seafarers working on their ships in respect of sickness and injury occurring
between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising
from their employment between those dates. DTTAS is working with OPC’s on a draft Regulation to
implement Regulation 4.2 of the Convention in this regard. The draft Regulation, which has been the
subject of consultation with Department of Health, provides that shipowners’ liability for the cost of medical
care should only apply in circumstances where the seafarer is being charged for the service provided.
5. Review
Article XIII of the MLC, 2006 provides for the establishment of a Special Tripartite Committee by the ILO‘s
Governing Body. The mandate of this Committee is to keep the working of the Convention under
continuous review. The Committee will consist of two representatives nominated by the Government of
each country that has ratified the Convention, and the representatives of Shipowners and Seafarers appointed
by the Governing Body after consultation with the ILO’s Joint Maritime Commission (JMC).
The Committee has an important role with respect to amendments to the Code. If faults are identified in the
working of the Convention, or if the Convention needs to be updated, the Special Tripartite Committee will,
in accordance with Article XV of the Convention, have the power to adopt amendments. The Committee
will also play an important consultative role under Article VII for countries that do not have shipowners‘ or
seafarers‘ organizations to consult when implementing the MLC, 2006.
Article 22 of the ILO Constitution sets out a requirement for ratifying Members to report to the ILO, via a
questionnaire, on implementation of the Convention 12 months after the Convention enters into force for
that Member State. The results of the Article 22 questionnaire will inform the ILO on issues arising with
implementation.