Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Abolition of Forced Labour Convention, 1957 (No. 105) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1957)

The Committee takes note of the Government’s report.

Article 1(c) and (d) of the Convention. In its earlier comments, the Committee referred to section 59(1) of the Merchant Shipping Act, 1995, which provides that a seafarer who combines with other seafarers employed on the same ship at a time when the ship is at sea to disobey lawful commands, neglect any duty which is required to be discharged, or impede the progress of a voyage or the navigation of the ship, is liable, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. The Committee noted the Government’s statement in its 1997 report that section 59 is applicable to seafarers who withdraw their labour in furtherance of an industrial dispute. It also noted the Government’s indication in its 1999 report that consultations took place with the shipping industry on whether or not section 59 should be repealed or amended so that it applied only to mutinies but not strikes, and it was concluded that other parts of the Act and other legislation existed to deal effectively with actions arising from mutinies, if section 59 was repealed.

The Committee notes the Government’s explanations in the report concerning the procedure applicable in case of prosecution under section 59. The Government states that, where the actions of a seafarer are considered to have had serious actual or potential circumstances (e.g. where danger to the vessel or risk to the health and safety of persons is or could have been caused), prosecution in a higher court may be considered appropriate either at the outset, or as a result of a referral from a magistrate’s court. Conviction by such a court (conviction on indictment) can attract a penalty of imprisonment and/or a fine; the level of penalty to be applied depends upon the seriousness of the offence and is at the discretion of the judge.

The Committee takes due note of this information, as well as of the Government’s indication that there have been no prosecutions under this section in recent times. However, it would appreciate if the Government would supply copies of the relevant court decisions, if and when such prosecutions are instituted.

As regards the proposed amendment to section 59, referred to by the Government in its 2001 report, the Committee notes the Government’s indication that, in order to incorporate the proposed changes to this section, it will be necessary to proceed with an order under the Regulatory Reform Act, 2001, which is an extremely time-consuming process, which is subject to parliamentary scrutiny and will require widespread and detailed consultation with industry and other interested parties.

Having noted the above information, the Committee reiterates its hope that the proposed amendment will be adopted so as to bring the merchant shipping legislation into conformity with the Convention.

The Committee is again addressing a request on certain other points directly to the Government.