Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1980)

1. Further to its previous observations, the Committee has noted with interest the detailed report provided by the Government, including information on a variety of social security measures (such as unemployment, old-age, family, maternity and invalidity benefits, and in some cases co-operation with other countries in this respect), in connection with Article 2(a)(ii) and (b)(ii) of the Convention. It has also noted in particular the information as to inspection (Article 2(f)). The Committee hopes the Government will pursue its efforts in these directions and continue to supply details.

2. As regards the arrangements for official inquiries into serious marine casualties (Article 2(g)), the Committee would be grateful further if the Government would indicate the measures taken as a result of the formal investigation referred to in the report and any such subsequent investigations.

3. The Committee refers to its earlier observations, in connection also with the comments received from the Trades Union Congress, concerning the need for laws or regulations laying down safety standards including hours of work, as a matter of ensuring the safety of life on board ship (Article 2(a)(i) of the Convention). It has noted with interest the Government's indication that it commissioned a study of hours of work and fatigue on board ship, and that it would consider introducing regulations on the subject after the study was completed. The Committee understands that that study has now been completed and that it has reached a conclusion in favour of the regulation of hours of work at sea. The Committee hopes the next report will contain full details.

4. Article 2(a) (Conventions listed in the Appendix to Convention No. 147 but not ratified by the United Kingdom).

- Convention No. 73, Article 1(3)(a). In its earlier observations, the Committee pointed out that the Merchant Shipping (Medical Examination) Regulations, 1983, only apply to ships of over 1,600 gross registered tons (GRT), whereas Convention No. 73 allows the exclusion of vessels of less than only 200 GRT.

The Government's view is that there is nothing in Article 1(4)(c) of Convention No. 147 to require or allow the definition of "small vessels" to be varied in its application to different parts of the Convention or its Appendix; but that the scope to exclude "small vessels" should be unlimited. It therefore states that it cannot agree with the Committee in this respect.

The Committee would refer to the explanations in paragraphs 43-45 of its 1990 General Survey of Convention No. 147, in which it has indicated that the exclusion of vessels of up to 1,600 GRT from provisions for the medical examination of seafarers is not consistent with the notion of substantial equivalence in Article 2(a) of the Convention. The Committee has earlier indicated that in determining, under Article 1(4)(c) of Convention No. 147, which are the "small vessels" which may be excluded from the requirements of that Convention, regard must be had to the provisions as to scope in the respective Appendix Conventions, so that the discretion to exclude "small vessels" is not an unlimited one.

The Committee has taken full note of the Government's earlier indications that small ships were defined for the purposes of Convention No. 147 as those below 1,600 GRT, and that shipowners' and seafarers' organisations were consulted in this respect. However, it would be grateful if the Government would consider entering into further consultations with those organisations, in order to decide in the light of the Committee's comments whether the scope of the Regulations in question might not be extended in order to bring them more into line with the provisions of Convention No. 73. It would also be grateful if, in the meantime, the Government would indicate the appropriate numbers of seafarers employed on ships of between 200 and 1,600 GRT.

- Convention No. 73, Article 5(1). In its earlier observations, the Committee indicated that the discrepancy between the requirements as to the frequency of medical examinations for seafarers in the 1983 Regulations (every five years for those under 40) and in the Convention (every two years for all seafarers covered by the Convention) is too wide for the Regulations to be considered substantially equivalent for the purposes of Convention No. 147.

The Government states that it has seen no evidence to suggest that any benefit would accrue to either employers or workers by reducing the frequency of medical examinations of such seafarers from five years to two.

Whilst the Committee would agree with the Government that Article 2(a) of Convention No. 147 does not require literal compliance with every provision of Convention No. 73 (amongst others), it nevertheless considers that closer conformity with Article 5(1) is essential (as indicated in the 1990 General Survey, particularly paragraph 115). The Committee suggests that the Government might consider examining this question in a study of the kind referred to above. It hopes the next report will include information on any steps taken or proposed in this matter.