Food and Catering (Ships' Crews) Convention, 1946 (No. 68) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1953)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 8 of the Convention. Complaints. Further to its previous comment on the number and nature of complaints received from members of ships’ crews on food and catering matters, the Committee notes the Government’s indication that no information is held in this regard. The Committee recalls, however, that the Government has consistently provided statistical information on complaints concerning food and water and follow-up action in the past. The Committee also recalls section 44 of the Merchant Shipping Act 1995 for complaints concerning provisions and water made by seafarers (a minimum of three), investigation of these complaints and sanctions. The Committee therefore requests the Government to collect and communicate up-to-date information on complaints filed by crew members, or on behalf of a seafarers’ organization, concerning food and water supplies and the manner in which those complaints were handled.

Article 10. Annual report. The Committee notes the Government’s indication that it no longer produces annual reports specifically on food and hygiene matters as this subject matter has been incorporated within inspections carried out under the Labour Inspection (Seafarers) Convention, 1996 (No. 178). The Committee notes, however, that the Government has so far produced only one annual report, in accordance with Article 8 of Convention No. 178, covering the period 2 July 2004 to 30 June 2005 and communicated to the Office in July 2006. As for the annual reports of the Maritime and Coastguard Agency (MCA), the Committee notes that these reports do not contain sufficiently detailed information on inspection activities relating to seafarers’ working and living conditions, including food and catering, as required by this Article of the Convention. The Committee therefore requests the Government to submit a detailed report, prepared either as a Convention No. 178 annual report under paragraph 7.1 of MSN 1769(M) or as an MCA annual publication, containing up-to-date statistics on inspection results and outcomes with respect to seafarers’ working and living conditions, if possible broken down by area of deficiency, to allow a proper analysis of enforcement measures of food and catering standards on board ships.

Part V of the report form. Practical application. The Committee would be grateful if the Government could supply together with its next report up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, the number of complaints which may have been lodged on food and hygiene matters, copies of any relevant collective agreements, information on training courses for members of the catering department of seagoing vessels, copies of any manuals, brochures or notices issued by the competent authority to ships’ masters, agents or cooks on food and catering issues, including recommendations to avoid wastage of food or to maintain a proper standard of cleanliness, etc.

Finally, the Committee seizes this opportunity to recall that most of the provisions of Convention No. 68 have been incorporated into Regulation 3.2, Standard A3.2 and Guideline B3.2.1 of the Maritime Labour Convention, 2006 (MLC, 2006). Moreover, the MLC, 2006, introduces some new provisions, which are already highlighted in the new Marine Guidance Note MGN 397(M+F), Guidelines for the Provision of Food and Fresh Water on Merchant Ships and Fishing Vessels, regarding the obligation to take into account the differing cultural and religious backgrounds, to provide food free of charge and to carry a fully qualified cook. The Committee would be grateful if the Government would keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the adoption of the Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations, 2002. It also notes the Government’s indication that, in addition to the programme of inspections completed by the Food and Hygiene Inspector (FHI), at least 2,700 inspections on seagoing vessels are carried out each year by over 120 marine surveyors whose inspection manual includes a chapter dealing with food and hygiene. The Committee notes with interest the concrete examples provided by the Government of cases of detention due to deficiencies related to food and hygiene.

Article 10, paragraph 3, of the Convention. The Committee notes that the attached annual report of the FHI relates to the period 2002-03. Please supply, in the next report to the Committee, a copy of the most recent annual report concerning food and catering on ships issued by the competent authority.

Article 12. Noting from the Government’s report that an official Industry Guide for Ship Hygiene is being developed, the Committee asks the Government to provide a specimen copy of this new publication as soon as available.

Part V of the report form. The Committee requests the Government to provide details as to the number and nature of complaints received from members of ships’ crews (Article 8) and the penalties imposed (Article 9).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with interest the reports from the inspection services for the period 1998-2002 regarding the application of the Convention.

It notes that according to the annual report ending 31 March 1999, "marine surveyors inspected over 4,000 vessels which cover the arrangement and cleanliness of food stores, galleys, pantries, mess-rooms and sanitary facilities including measures taken to minimize the risk of food and water contamination and procedures for the disposal of waste". In the report ending 31 May 2002 the Government refers to 2,500 inspections per year. The Committee requests clarification as to the difference in inspection statistics.

However, it appears from the terms of the report that there is only one maritime Food and Hygiene Inspector (FHI) and that this person visits other inspectors to train them with regard to including the provisions of this Convention in their inspections. The qualitative and statistical information provided, however, appears limited to the inspections carried out by the FHI, approximately 200 per year, and not the 4,000 carried out by marine surveyors.

Moreover, there is no clear indication of the criteria and the circumstances under which ships that are considered "detainable" or are in fact detained. Of further interest to the Committee is the number and the flags of ships detained for food and accommodation infractions. It is often the case that once the decision to detain a ship has been taken for other reasons, in particular related to potential marine pollution, then maritime labour standards infractions are added to the list or are cited as recommendations. The Committee would appreciate further information on these points.

With regard to the obligation to enforce regulations by the competent authority (Article 2 of the Convention) and, in particular, the complaint-generated special inspections (Article 8 of the Convention), the Committee requests details of the complaints received, sanctions applied, and cases of illness attributable to food and water contamination and waste disposal procedures. The information in the Government’s report concerning the Legionella scare on a cruise ship provides a practical example of present danger and preventive action taken. The Committee would appreciate other examples of preventive or remedial action taken by the competent authority with regard to its enforcement obligation.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

In its previous comments the Committee noted the transfer of inspection responsibilities on shore to the port health authorities. The Committee notes from the Government's latest report that following an assessment of this trial delegation of inspection responsibilities, it was considered that the scheme resulted in the port health authorities carrying out only a relatively small number of inspections which did not justify the administrative effort involved and was not cost-effective. It was decided to entrust an in-house expert to carrying out a number of inspections according to set targets and to provide specialist support to the Maritime Safety Agency surveyors to enforce legislation relating to health and hygiene of accommodation and catering facilities on board ship.

The Committee requests the Government to provide information on the functioning of the new system and results achieved through such inspections (Article 6 of the Convention). It hopes that the Government will also confirm that despite the absence of an express provision in Regulation 5 of SI 102189 to this effect, all spaces and equipment used for storage and handling of food and water on ships registered in the United Kingdom are inspected in accordance with Article 7(1)(b).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 5(1) and (2)(a) of the Convention. Further to its previous comments, the Committee notes with satisfaction that the provisions of Regulations SI 1871/1972, 733/1975 and 36/1978, whereby different scales of provisions were prescribed for seafarers "ordinarily resident" in different countries, have been revoked by the Merchant Shipping (Provisions and Water) Regulations, 1989 (SI 102/1989), regard being had to the requirements of the Convention.

2. In respect of inspection arrangements required by the Convention, the Committee notes the information provided in reply to its earlier observation, which followed comments received from certain workers' organizations. It notes in particular the transfer of inspection responsibilities on shore to the port health authorities, alongside Department of Transport surveyors. At the same time, the 1991 report on inspection of ships' provisions shows the continuing need for vigilance as regards both supplies and catering spaces and equipment. The Committee hopes the Government will continue to transmit details of these arrangements and how the Convention is applied in practice, having particular regard to inspection requirements in Article 6; and that it will indicate any further steps taken, perhaps through collective agreements, in the light of Regulation 5 of SI 102/1989, to ensure that weekly inspections at sea cover also such spaces and equipment (Article 7(1)(b)).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee has noted the requirements of the Merchant Shipping (Provisions and Water) Regulations 1972 (SI No. 1871), as amended by SI No. 733 of 1975 and SI No. 36 of 1978, whereby different scales are laid down for the provisions supplied to seafarers "ordinarily resident" in (i) India, (ii) Pakistan, (iii) Bangladesh, (iv) Singapore or Hong Kong, and (v) elsewhere. It notes in particular that seafarers in category (v) (Scale I in the Regulations) appear to enjoy certain advantages as regards, for example, fresh fruit and vegetables, by comparison with, for example, seafarers in category (iv) (Scale IV in the Regulations) who have no fruit and vegetables or lime juice entitlement whatever while at sea. The Committee recalls that under Article 5, paragraph 1 of the Convention national legislation concerning food supply and catering should be designed to secure the health and well-being of crews, and under Article 5, paragraph 2(a) it must require the provision of food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety. The Committee would be glad if the Government would include in its next report information on any steps taken or proposed to ensure that all seafarers on vessels covered by the Convention have the benefit of food supplies which may be considered suitable in the terms of the Convention.

2. Article 7. Whilst the Committee has noted the provisions of Regulation No. 38(2) of SI No. 795 of 1978 as to inspection at sea of crew accommodation (including water and stores) every seven days at least, it would be glad if the Government would indicate whether such inspection covers all the subjects referred to in this Article (i.e. supplies of food, spaces and equipment in the galley). Please indicate any further provisions as to inspection at sea in current collective agreements.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has noted the information supplied by the Government in reply to its previous observation, which took account of comments received in 1986 from the Trades Union Congress (TUC). The Government refers to its earlier information and now confirms that when inspecting ships all the requirements of Articles 4 and 6 of the Convention are met, including those relating to spaces and equipment used for the storage and handling of food and water, and galley and other equipment used for the preparation and service of meals. With regard to Article 8, the Government states that fees for inspections are never charged to seamen who make a complaint. With regard to Article 9, paragraph (2) - in respect of which the Committee had asked the Government to provide information as to the monetary amount and frequency of resort to fees charged in certain cases for inspectors' services - the Government states that such charge is only made when the Department is requested to carry out an investigation.

The Committee would be grateful if the Government would provide clarification in its next report on the further questions raised in the previous observation. These concerned, first, whether an inspection fee is charged in cases of written complaints made on behalf of a recognised organisation of shipowners or seafarers (having regard to Article 2(b) and Article 8 of the Convention). Secondly, in the light of the Government's statement, in its report on Convention No. 147 received in 1985, that there are no penalties imposed as such for infringements, but that fees can be charged for inspectors' services, the Committee recalls the provision in sections 21, 22 and 76 of the 1970 Merchant Shipping Act for the imposition of fines in conformity with Article 9, paragraph (2) of the Convention. In its latest report on the present Convention, the Government indicates that the inspectorate has been further reduced to only two officials for the whole country, reflecting a drastic reduction in the size of the UK registered fleet; and that the frequency of visits by inspectors is in turn reduced, although the usefulness of their "consultancy and advisory" services is said to have been demonstrated. It also indicates that none of the defects found by inspectors in 1987 were thought to warrant prosecution. The Committee has further noted in this connection the comments of the National Union of Marine, Aviation and Shipping Transport Officers (NUMAST) and the Transport and General Workers' Union (TGWU), both of which consider that the reduction in the number of inspectors competent in the field of food and catering has reduced the effectiveness of the application of the Convention; they believe that frequent monitoring is necessary. The Committee hopes the Government will indicate any measures taken or proposed in the light of these comments and continue to include in its reports the information on the practical application of the inspection requirements of Articles 8 and 9, requested under point V of the report form, as well as on the matters raised in the direct request.