Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Referring to its observation under the Convention, the Committee takes note of the Government’s reply to its earlier comments.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to sections 117 and 118 of the Merchant Shipping Act, 1995, under which sanctions of imprisonment are applicable for certain offences (such as drunkenness on duty, possession of unauthorized liquor) by seafarers employed or engaged in a United Kingdom fishing vessel. The Committee pointed out that sanctions of imprisonment (involving an obligation to perform labour) relating to breaches of labour discipline are incompatible with the Convention, and only sanctions specifically relating to acts tending to endanger the safety of the ship or the life or health of persons would not be covered by the Convention.

The Committee has noted the adoption of the Railways and Transport Safety Act, 2003 (RATSA 2003). It has noted with interest that section 87 of the Act repeals section 117 of the Merchant Shipping Act, 1995, referred to above. The Committee has also noted the Government’s indication in its 2005 report that RATSA 2003 does not repeal section 118 of the Merchant Shipping Act 1995, but the powers contained in section 118 cannot be utilized unless an Appointed Day Order is made to bring it into force, and therefore prosecutions under this section are not currently possible. The Government also expresses its intention to give further consideration to the revocation or amendment of section 118, as soon as a suitable legislative opportunity occurs. The Committee reiterates its hope that section 118 of the Merchant Shipping Act, 1995, will be repealed or amended, so as to bring the merchant shipping legislation into compliance with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

The Committee has noted, however, that section 82(a) of RATSA 2003 provides for similar sanctions as the repealed section 117 of the Merchant Shipping Act 1995, for similar offences connected with alcohol and drugs, as defined in sections 78 and 81 of RATSA 2003.

The Committee recalls in this connection that, in its previous direct request, it noted the Government’s clarifications relating to prosecution of seafarers under the repealed section 117, in which the Government indicated that, where the actions of a seafarer impaired by alcohol or drugs are considered to have 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.

Having taken due note of these clarifications, the Committee requests the Government to provide information on the application of section 82(a) of RATSA 2003 in practice, supplying copies of the court decisions and indicating the penalties imposed, in order to enable the Committee to ascertain that this provision is not used as a means of labour discipline within the meaning of the Convention.