Observación (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

Convenio sobre la marina mercante (normas mínimas), 1976 (núm. 147) - Reino Unido de Gran Bretaña e Irlanda del Norte (Ratificación : 1980)

The Committee notes the information provided in reply to its previous comments.

Article 2(a)(i) of the Convention. Hours of Work. The Committee notes that, in the light of comments received in an earlier consultation, revised draft regulations for the United Kingdom registered seagoing ships have recently been circulated for full public consultation. These regulations will require the working hours and rest periods of masters engaged in watchkeeping and of seafarers and senior officers to be laid down by shipowners in a schedule of duties to be produced and displayed on all vessels. The Trades Union Congress (TUC) has referred to the urgent need to legislate in respect of hours of work in order to comply with the Convention; moreover, it considers the draft regulations seriously flawed in that they do not set maximum hours of work, or define what is safe; nor do they lay down the necessary support and protection for safety officers and masters taking action to avoid fatigue, or apply to ratings other than watchkeepers. The TUC recommends a 12-hour day and guaranteed eight hour rest period for all ratings, and calls also for legislation on paid leave. The Committee recalls that Article 2(a)(i) requires each ratifying Member to have laws or regulations for ships registered in its territory on safety standards, including hours of work. It recalls the need for the regulations in the light of safety demands to lay down reasonable levels of normal daily hours of work and the maximum length of overtime at sea for all officers and ratings (not only watchkeepers) (see paragraph 96 of its General Survey of the Convention of 1990). The Committee does hope that all these factors will be taken into consideration and the Government will supply full details.

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). The Committee notes that the Government continues to hold that the provisions of Convention No. 73 specifying application of medical examination to seafarers on ships larger than 200 GRT are not relevant to Convention No. 147. The TUC also states that there are no practical difficulties in the exclusion of vessels of up to 1,600 GRT as regards masters and officers - who are issued certificates in any event - although stricter requirements should be accepted for ratings. The Committee notes with interest that in May 1993 the Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993 were introduced, and that consideration is now being given to undertaking another consultation with the industry with a view to requiring seafarers on seagoing vessels below 1,600 GRT to carry medical certificates. The Committee hopes these consultations will have due regard to its earlier comments as to the significance of substantial equivalence in Article 2(a) of Convention No. 147, in relation to the large discrepancy between the Merchant Shipping (Medical Examination) Regulations of 1983 (excluding vessels below 1,600 GRT) and the provision of Convention No. 73 permitting exclusion of vessels below 200 GRT only, and that the Government will supply full details.

- Convention No. 73, Article 5(1). The Committee notes that the Government continues to consider that raising the frequency of medical examinations for seafarers in any way (from every five years) would be tantamount to full compliance with the requirement of the unratified Convention No. 73 (every two years). The Government states that there has been no pressure from employers or seafarers to make any change in this respect, and that there is no evidence that the practice is medically unsound. The Committee has earlier observed that Convention No. 147 does not require literal compliance with every provision of Convention No. 73, but that closer conformity (substantial equivalence) with Article 5(1) of the Convention is called for. The Committee hopes the Government will keep the matter under review with the relevant employers' and workers' organizations and supply information on further developments.

Article 2(f). The Committee notes the TUC's statement that 70 per cent of vessels are not inspected and that the adequacy of 17 full-time staff of inspectors is questionable. The TUC remarks that if Convention No. 147 is to have meaning it must be better accepted in principle and enforced. The Committee welcomes the information again provided by the Government - especially regarding food and catering - and hopes further details will be sent with future reports.

Article 2(a)(ii). The Committee notes the TUC's statements that the levels of social security benefits in the United Kingdom are lower than in other European Union countries; and that the Government has not implemented the recommendations of the Industrial Injuries Advisory Council that work in ships' engine rooms should be added to the list of prescribed occupations. No doubt the Government will deal with these questions in its next report.

Article 2(e). The Committee notes the TUC's view that, despite the continued decline of the United Kingdom fleet, funding made available for training is wholly inadequate. It hopes the Government will deal further with this question in its next report, having regard to the Convention's requirements.

Article 4. The Committee notes the TUC's reference to the derecognition of two British seafarers' unions in the case of Geest Line Ltd., depriving them of the ability to take part in free collective bargaining; it states that the United Kingdom Government took no action in that case. The Committee recalls the Convention's provisions as to port state action in cases where foreign-registered vessels fail to comply with minimum standards. It hopes the Government will provide all due information.

[The Government is asked to report in detail for the period ending 30 June 1994.]