Maritime Labour Convention, 2006 (MLC, 2006) - Isle of Man

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for the Isle of Man on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by the Isle of Man during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

In this regard, the Committee notes that according to Technical Advisory Notice 002-20 (Rev.8) on COVID-19 advice to ship operators, issued on 31 March 2023, when travel restrictions related to COVID-19 disrupt scheduled crew changes it is still possible, although as a last resort and upon contact with the Ship Registry, to extend a seafarer’s employment agreement beyond the maximum service period. The Committee recalls that in its 2020 general observation it considered that the extreme fatigue of seafarers who have been on board beyond the default 11 months maximum period of service on board not only constitutes a situation clearly hazardous for the safety and health of the seafarers concerned, but also profoundly endangers the safety of navigation in general. Noting thatmore than 3 years have passed since the beginning of the pandemic, the Committee urges the Government to adopt without delay the necessary measures to bring all relevant legislation into full compliance with the Convention and to ensure that in practice seafarers on board Isle of Man-flagged ships are not requested to continue working beyond the default 11 months maximum period of service on board and are not denied the protection derived from the provisions of the Convention.

Article I of the Convention. General questions on application. Implementing measures. In reply to the Committee’s previous comment on the alternative methods of compliance that have been considered and granted by the competent authority, the Government indicates as an example that, although Maritime Labour Notice (MLN) 2.1 provides shipowners with an Annex containing a model seafarer’s employment agreement (SEA), this does not preclude a shipowner from using their own SEA on an Isle of Man ship, provided that it meets the requirements of MLC, 2006, and the Isle of Man Regulations. The Committee takes note of this information.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. In reply to the Committee’s previous request on the application of the requirements of the Convention to pleasure ships that are ordinarily engaged in commercial activities, the Government indicates that the Isle of Man does not permit pleasure vessels to engage in commercial activity; a “pleasure ship that ordinarily engages in commercial activity” (such as a commercial yacht) is not a pleasure vessel for the purposes of the Merchant Shipping (Maritime Labour Convention) Regulations 2013, and is treated as a commercial vessel to which MLC, 2006, is applied. The Committee takes note of this information, which addresses its previous request.

Regarding the application of the Convention to ships navigating beyond inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply, the Government indicates that there is no “domestic” trade on the island, except for fishing vessels and a small number of vessels that operate short sightseeing tours/fishing trips for tourists around the coast of the Island. While noting this information, the Committee notes the Government’s statement that the interpretation of the Isle of Man is that the Convention does not apply to ships that navigate exclusively within 60 nautical miles of its coast. The Committee recalls that ships excluded from the scope of application with respect of the navigational area are defined under Article II, paragraph 1(i). It also recalls that, as the MLC, 2006, does not explicitly define the terms “closely adjacent to” or “sheltered waters” used in Article II, paragraph 1(i), it is for the competent authority of the Member to determine, in good faith and on a tripartite basis, taking into account the objectives of the Convention and the physical features of the country, which areas could be considered as “sheltered waters” and what distance away from those waters could be considered as “closely adjacent to sheltered waters”. The Committee therefore requests the Government to provide information on: (i) how it has taken into account the above-mentioned criteria when defining waters “closely adjacent to sheltered waters”; and (ii) the number of ships excluded from the application of the Convention as a result of this definition.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that, according to regulation 11 of the Merchant Shipping (Maritime Labour Convention) Regulations 2013, private seafarer recruitment and placement services operating on the Island, whose primary purpose is the recruitment and placement of seafarers or that recruit and place a significant number of seafarers, must establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that may be incurred as a result of the failure of such service or the relevant shipowner under the seafarer’s employment agreement to meet its obligations to the seafarer. The Committee requests the Government to provide information on how the system of protection operates in practice.

Regulation 1.4 and Standard A1.4, paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s reply indicating the detailed procedure to be followed upon receipt of an MLC, 2006, complaint relating to a recruitment and placement company. The Committee takes note of this information.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Government indicates that it is in the process of updating national regulations in relation to the 2018 amendments to the Code of the Convention. The Committee draws the Government’s attention to the following questions included in the report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions, and to provide a copy of all relevant new legislation or other regulatory instruments implementing the 2018 amendments.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes the Government´s reply and that MLN 2.3 has been revised on 23 June 2022 to only allow exceptions to the minimum hours of rest that have been produced as part of a collective agreement. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraphs 1–3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, in reply to its previous comments, the Government indicates that it reviews all collective bargaining agreements and expects that the specific circumstances and standard of proof required to find a seafarer in serious default of their employment obligations are detailed within. Should a seafarer consider that the definitions of serious default measures specified have not been applied correctly, they may launch a complaint procedure, following which the authority would contact the shipowner and request evidence detailing the circumstances that caused the seafarer to be in “serious default of their employment obligations”. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes Technical Advisory Note 011-16 of 15 December 2016, as well as the Government´s reply that the documentation accepted as evidence of financial security to be provided by shipowners would typically be a Certificate of Financial Security issued by a Protection & Indemnity Club (P&I) insurance company or club including the information contained in Appendix A2-I of the Convention. The Committee takes note of this information.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. While noting that Regulation 83(1) of the Merchant Shipping (MS) Regulations 2013 provides that a ship operating with a prescribed manning of 6 or more seafarers, and which is engaged in voyages of more than 3 days, or more than 36 hours from a safe port, must carry a fully qualified cook, the Committee notes that the example of a minimum safe manning document issued under the requirements of the Large Yacht Code (LY2) that was provided by the Government with its second report does not mention the requirement of a ship’s cook, even though a minimum crew of 7 is required. The Committee also notes that Manx Shipping Notice (MSN) 054, of September 2022, which advises on the Red Ensign Group Yacht Code and includes the National Annex for yachts constructed to LY1, LY2 or LY3, does not implement the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee recalls that the requirements for safe manning, as set out under Standard A2.7, apply to all ships under the Convention. The Committee accordingly requests the Government to indicate the measures taken to ensure that, when determining manning levels, account is taken of all the requirements of Regulation 3.2 and Standard A3.2 regarding food and catering for all ships that fly its flag, including commercial yachts. The Committee also requests the Government to indicate how it has taken due account of the provisions of Guideline B2.7 (dispute settlement).

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Government indicates in its reply to the Committee’s previous comment that the Red Ensign Group Yacht Code - Part A, specifically chapters 21A and 21B, implements substantially equivalent arrangements to the seafarer accommodation requirements of the MLC, 2006, for large commercial yachts, although there are no yachts currently registered in the Isle of Man that make use of such an arrangement. The Committee notes that the Code has been developed jointly by the United Kingdom, its relevant overseas territories and crown dependencies, and international industry representatives, and that it is intended to cater exclusively to the yachting sector. The Government also indicates that previous versions of the Red Ensign Group Yacht Code, namely the Code of Practice for the Safety of Large Commercial Sailing or Motor Vessels (LY1) and the Large Commercial Yacht Code (LY2) apply to large commercial yachts constructed before 20 August 2013, whereas the Large Commercial Yacht Code (LY3) applies to yachts constructed on or after 20 August 2013 up to and including 31 December 2018. A yacht complying with the crew accommodation requirements of LY1 or LY2 must also comply with regulation 75 (recreational facilities) and regulation 76 (open deck spaces) of the MS Regulations 2013, as LY1 and LY2 do not make substantially equivalent provisions in these two areas. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that, in reply to its previous comment, the Government indicates that telemedical advice is provided free of charge to all ships who require it and refers to Marine Guidance Notice 623 (M+F) issued by the UK Maritime and Coastguard Agency. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee takes note of the Government´s reply to its previous request that the documentation that would be accepted with respect to financial security that must be provided by shipowners would typically be a certificate of financial security issued by a P&I insurance company or club. The Committee also notes the Government´s indication that other documentation may be accepted on a case-by-case basis, as long as it includes the information in Appendix A4-I of the Convention, for instance documentation showing evidence of financial security by way of a social security scheme or national fund. The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. In reply to the Committee‘s previous request concerning the ways in which comparable benefits are provided to non-resident seafarers working on board Isle of Man vessels in the absence of adequate coverage in the applicable branches of social security, the Government indicates that, while it has not taken measures in this regard, it will keep the matter under consideration. The Committee accordingly requests the Government to provide information on any developments regarding the implementation of Standard A4.5, paragraph 6.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. In reply to the Committee’s previous comment, the Government indicates that detailed information about investigations into marine casualties is available on the Isle of Man Ship Registry website. While noting this information, the Committee observes that, as indicated in the Annual Summary of Casualties, Accidents and Incidents on Isle of Man Registered Vessels 2021, all reports received that are “Very Serious Marine Casualties” as defined by the IMO Casualty Investigation Code are investigated and have a report published. The Committee accordingly requests the Government to provide detailed information on how it ensures compliance with Regulation 5.1.6, paragraph 1, regarding any serious marine casualty leading to injury or loss of life that involves a ship that flies its flag.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for the Isle of Man, respectively, on 18 January 2017 and on 8 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

General questions on application. Implementing measures. The Committee noted, in its previous comment, the Government’s indication that the Convention is implemented by the Merchant Shipping (Maritime Labour Convention) Regulations 2013 (SD 234/2013) (hereinafter MS Regulations 2013) and by several additional Regulations and Marine Labour Notices (hereinafter MLN). The purpose of MLNs is to provide guidance on compliance with Isle of Man Regulations and in most cases; therefore MLNs are not legally binding. MLNs are only legally binding if the underlying Regulations specify that something must be done in accordance with a particular MLN. The Committee notes that the 2018 MLC Report, published by the Isle of Man Ship Registry, indicates that the Isle of Man Ship Registry will consider alternative methods of compliance to those set out in the MLN on a case-by-case basis. Recalling that flexible application of the MLC, 2006, is allowed only in the cases and under the conditions provided for in the Convention, the Committee requests the Government to provide detailed information on the alternative methods of compliance that have been considered and granted by the competent authority.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that Regulation 1(3) of the MS Regulations 2013 provides that these Regulations do not apply to pleasure vessels and to ships, which navigate exclusively within 60 nautical miles of the island’s coast. The Committee recalls that Article II, paragraph 1(i) provides that “ship” means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee also recalls that Article II, paragraph 4, provides that the Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. The Committee requests the Government to indicate how it ensures that the Convention applies to all ships navigating beyond inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee further requests the Government to indicate how it ensures that the requirements of the Convention apply to pleasure ships that are ordinarily engaged in commercial activities.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting Standard A1.1, paragraphs 2 and 3, are implemented by the non-binding provisions of the MLN 1.1 Young Persons, the Committee requested the Government to provide further information on the implementation of this requirement of the Convention. The Committee notes the Government’s indication that Regulation 35 of the MS Regulations 2013 gives effect to these requirements of the Convention. The Committee takes notes of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee noted that while section 7.2 of the MLN 1.1 Young Persons contains a list of types of work considered hazardous and prohibits young seafarers from engaging in that type of work, this section is not binding and permits exceptions to this prohibition. The Committee requested the Government to indicate whether the Ship Registry’s determination of hazardous work under MLN 1.1 was made after the consultations prescribed under Standard A1.1, paragraph 4, and to clarify how the national legislation implements the absolute prohibition provided for in the Convention. The Committee notes the Government’s explanation on the consultations that have been carried out in accordance with the Convention. Furthermore, the Committee notes with interest that, in order to give full effect to the requirements of the Convention, Regulation 115 of the MS Regulations 2013 and MLN 1.1 have been amended to remove any exception to the prohibited tasks for young seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, Paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s indication that Standard 1.4, paragraph 7, of the Convention is implemented by Regulation 11(2)(g) of the MS Regulations 2013, which provides that a private seafarer recruitment and placement service must examine and respond to any complaint concerning its activities and advise the Department of any unresolved complaint. Noting, however, that this Regulation is giving effect to Standard 1.4, paragraph 5(c)(v), the Committee recalls that Standard 1.4, paragraph 7, provides that the “competent authority” shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers. The Committee requests the Government to indicate how full effect is given to Standard 1.4, paragraph 7.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that the MLN 2.3 on Hours of Work and Hours of Rest indicates that the Isle of Man Ship Registry may permit exceptions to the minimum hours of rest required by the regulations that have been either: (i) produced as part of a collective agreement; (ii) applied for by the shipowner with evidence that the exception being applied for has been agreed by the seafarers and/or the seafarers’ representatives. Recalling that, under Standard A2.3, paragraph 13, exceptions to the limit on hours of rest shall only be permitted by an authorized or a registered collective agreement, the Committee requests the Government to indicate the measures taken to ensure full compliance with this provision of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that Regulation 53 of the MS Regulations 2013 provides that a shipowner is prohibited from … (b) recovering the cost of repatriation from the seafarer’s wages or other entitlements except if – (i) permitted by any applicable collective agreement; and (ii) the seafarer has been found in accordance with any applicable collective agreement, to be in serious default of his or her employment obligations. The Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers’ employment obligations” (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note with interest that the MS Regulations 2013 have been amended to give effect to Standard A2.5.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Committee notes that, pursuant to Regulation 61(3) to (5) of the MS Regulations 2013, the requirements concerning crew accommodations on large commercial yachts are those included in three Codes published by the UK’s Maritime and Coastguard Agency, instead of Regulations 61 to 79 of the MS Regulations 2013, which have been adopted to implement Regulation 3.1 and Standard A3.1 of the Convention. The Committee further notes that the MSN 054 issued in January 2019 indicates that the Red Ensign Group Yacht Code, launched on 13 November 2017, is also applicable to all “commercial yachts of 24 metres in load line length or over, constructed on or after 1 January 2019” which are permitted to carry a maximum of 12 passengers. In order to properly assess how Standard A3.1 is applied to large commercial yachts, the Committee requests the Government to provide detailed information on this issue indicating any eventual substantial equivalence adopted for this category of ships.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that the MLN 4.1 indicates that Radio Medical Advice is available to all ships at sea by contacting HM Coastguard. The Committee requests the Government to clarify it these services are provided free of charge to all ships irrespective of the flag that they fly, as required by the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee takes note with interest that the MS Regulations 2013 have been amended to give effect to Standard A4.5.1, paragraphs 8 to 14 and to Standard A4.2.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. Noting that, under Regulation 110(7) of the MS Regulations 2013, the requirement that shipowners provide protective equipment does not apply to self-employed seafarers or any other person working in any capacity on board the ship, who is not employed by the shipowner or the shipowner’s representative, the Committee requested the Government to explain how it ensures that all seafarers are provided with the required protective equipment in accordance with Standard A4.3, paragraph 1(c). The Committee notes the Government’s indication that self-employed seafarers are normally employed on board a ship for a short period for a specialist task which they are familiar with and trained in. Because the task is of a specialist nature, the self-employed seafarers would normally own and bring their own personal protective equipment (PPE) to the ship with them and they have better knowledge than the shipowner to choose and purchase the most appropriate PPE for the task they are carrying out. The Government further indicates that because self-employed seafarers are normally contracted on-board the ship, if new or additional PPE is required it can be factored into the contract which is agreed between the self-employed seafarer and the shipowner. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to provide clarifications concerning the social security benefits of seafarers ordinarily resident in the Isle of Man (around 240 according to the available information). The Committee notes the detailed explanations provided by the Government in this regard, including the specific provisions made for these seafarers in the social security legislation taking into account that their place of work is a ship. The Government indicates that although they may be physically off-island (i.e. technically abroad) when on board ship, this does not affect their Isle of Man domiciled status (See Regulation 117(1)(b) Social Security (Contributions) Regulations 2001 (SI 2001/1004)). The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee recalled that, although the primary obligation regarding social security rests with the Member in which the seafarer is ordinarily resident, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to non-resident seafarers in the absence of adequate coverage in the applicable branches of social security (Standard A4.5, paragraph 6). Noting that there are 9,684 seafarers working on board Isle of Man flagged vessels, the Committee requested the Government to explain how it gives consideration to this issue. Noting that the Government has not taken any measures in this regard, the Committee requests the Government to provide information on any future developments of the situation.

Regulation 4.5 and Standard 4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. Noting the Government’s indication that the shipowners’ and seafarers’ contributions to relevant social protection and social security systems or schemes are not monitored to verify that they are made, the Committee requested the Government to explain how it ensures compliance with the required contributions to relevant social protection and social security schemes. The Committee notes the detailed information provided by the Government on the enforcement mechanisms contained in its legislation and on the inspections that are carried out. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee requested further information regarding recognized organization. The Committee notes that the Government has provided a document called “Generic Class Agreement”, which contains relevant information concerning survey procedures and issue of certificates by recognized organizations. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes that, under Regulation 10(1) of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2001, where a casualty, accident, or incident occurs, the Department shall decide whether or not an investigation should be carried out. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into “any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag”. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It also notes that 14 maritime labour Conventions have been declared applicable to the Isle of Man by the Government of the United Kingdom, which are no longer applicable following the entry into force of the MLC, 2006, for the Isle of Man. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes the Government’s reference to the Isle of Man Merchant Shipping (Maritime Labour Convention) Regulations 2013 (hereafter, Merchant Shipping Regulations). The Committee notes that these Regulations, under Part 2, section 7, prohibit the engagement of seafarers under the age of 16 to work in any capacity on board a ship, and prohibits seafarers under the age of 18 from working on board a ship if the work is likely to jeopardize his or her health or safety. However, the Committee notes that these provisions are silent with respect to the prohibition of night work for young seafarers (Standard A1.1, paragraphs 2 and 3). Instead, the Committee notes that this prohibition is contained in the Maritime Labour Notice MLN 1.1 (Rev. No. 1) of August 2012, entitled MLC Title 1.1 Young Persons. The Committee notes, in this respect, that the explanatory chapeau of the MLN 1.1 states: “This MLN provides guidance on compliance with Isle of Man (IOM) regulations which give effect to parts of MLC, 2006, Title MLC 1.1, 1.2, 2.3, 2.4, 2.5, and 4.3 in relation to young persons. Implementation of these guidelines will be taken as evidence of compliance with the Isle of Man regulations”. The Committee requests the Government to clarify whether the provisions of the MLN 1.1 are legally binding. If not, the Committee requests the Government to take all of the necessary measures to ensure implementation of all of the requirements of Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. The Committee further notes that, under section 7.2 of the MLN 1.1, the Ship Registry has determined that young seafarers are prohibited from carrying out certain hazardous work. The Committee also notes, however, that the provision sets out exceptions to this prohibition where the work is: (i) an indispensable part of their established training programme; (ii) performed under the supervision of a competent person; and (iii) carried out in a way in which the young person’s health and safety is ensured (so far as is reasonably practicable) when performing the activity. It recalls, in this respect, that paragraph 4 of Standard A1.1 of the Convention requires that the determination by national laws or regulations or by the competent authority be made only after consultations with the shipowners’ and seafarers’ organizations concerned. Furthermore, this paragraph prohibits the employment, engagement or work of seafarers under the age of 18 for hazardous work, without exception. The Committee requests the Government to indicate whether the Ship Registry’s determination of hazardous work under MLN 1.1 was made after the consultations prescribed under Standard A1.1, paragraph 4. It further requests the Government to clarify how its national legislation implements the prohibition provided for in the Convention.

Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. The Committee notes that Part 15, sections 100 to 113, of the Merchant Shipping Regulations regulates the health and safety protection of seafarers. It also notes, however, that under section 110(7) of the Regulations, the requirement that shipowners provide protective equipment does not apply to self-employed seafarers or any other person working in any capacity on board the ship, who is not employed by the shipowner or the shipowner’s representative. The Committee recalls, in this respect, that Standard A4.3, paragraph 1(c) concerning on-board procedures and protective equipment applies to all seafarers, irrespective of their employment relationship. The Committee requests the Government to explain how it ensures that all seafarers on ships flying its flag are provided with occupational health protection and live, work and train on board ship in a safe and hygienic environment, including by receiving protective equipment. Furthermore, noting the absence of any express provision on this matter, the Committee requests the Government to explain how it ensures that its laws and regulations and other measures referred to in Regulation 4.3, paragraph 3, of the Convention are regularly reviewed in consultation with representative shipowners’ and seafarers’ organizations, as required under Standard A4.3, paragraph 2.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, of the Convention, the Government has specified the following branches of social security: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes that the Government’s report does not contain explanations concerning its implementing legislation; rather, it refers to the Isle of Man Social Security: Benefits Information Guide (2014–15). While certain benefits, such as maternity benefits, are clearly defined in the Guide, the Committee notes that it is not clear how other benefits, such as medical care, are provided to seafarers ordinarily resident in the Isle of Man. Furthermore, the Committee notes that, under section 17 of the Benefits Information Guide, the Isle of Man has been included in the definition of the territory of the United Kingdom for the purposes of its reciprocal agreements with several countries. Finally, the Committee notes the Government’s indication that its shipowners’ and seafarers’ contributions to relevant social protection and social security systems or schemes are not monitored to verify that they are made. The Government further indicates that it has not adopted any measures for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. The Committee requests the Government to provide clarifications concerning the social security benefits that are provided to seafarers ordinarily resident in the Isle of Man. It also requests the Government to explain how it ensures compliance with the required contributions to relevant social protection and social security schemes (Standard A4.5, paragraph 5). Furthermore, the Committee requests the Government to explain how it gives consideration to the various ways in which comparable social security benefits are provided to non-resident seafarers working on ships flying its flag in the absence of adequate coverage (Standard A4.5, paragraph 6).

Regulation 5.1.2 and Standard A5.1.2. Authorization of recognized organizations. The Committee notes the Government’s reference to Shipping Notice MSN 020 of June 2014, entitled Recognised Organisations. The Committee notes that, according to its terms, Shipping Notice MSN 020 “provides that certain functions may be delegated by the Department to a ‘recognised organisation’ or an ‘organisation acceptable to the Department’. The purpose of this notice is to specify which organisations are currently authorised to act in this capacity.” The Committee notes that the Shipping Notice does not refer to the Convention. The Government indicates in its report that those recognized organizations may be used for purposes related to the Convention “if the need arises” and that appointment and certification instructions have been inserted into the applicable Class Guidelines. The Committee recalls, however, that under Regulation 5.1.2, paragraph 2, the Government must provide information regarding any recognized organization which is authorized to carry out inspection or certification functions under the Convention, the extent of authorizations given and the arrangements made to ensure that those activities are carried out completely and effectively. Furthermore, Standard A5.1.2, paragraph 4, requires Members to provide a current list of any recognized organizations authorized to act on its behalf, including the functions that the recognized organizations have been authorized to carry out, under the Convention. The Committee accordingly requests the Government to provide this information and a sample of the agreement signed between the Government and the authorized organizations.

[The Government is asked to reply in detail to the present comments in 2017.]