Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 147) sur la marine marchande (normes minima), 1976 - Royaume-Uni de Grande-Bretagne et d'Irlande du Nord (Ratification: 1980)

Article 2(a)(ii) of the Convention. Social security measures. The Committee notes that the Government has not provided any new information concerning the proportion of seafarers excluded from social security measures taken under this Article of the Convention. In its previous comment, the Committee had pointed out that, without prejudice to Article 1(5) of the Convention, its approach to social security was to ensure that the requirements of Convention No. 147 were fulfilled in good faith, which would not be the case if a large proportion of the seafarers working on ships registered in the United Kingdom, were in practice not covered. However, the Committee had also clarified that as the United Kingdom has ratified the Sickness Insurance (Sea) Convention, 1936 (No. 56), there is no room for further examination of substantial equivalence with the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130).

In its latest report, the Government indicates that it intends to ratify the Maritime Labour Convention, 2006 (MLC, 2006), very shortly and to fully implement the requirements of the Regulations and Standards, as well as some of the non-mandatory Guidelines. The Committee recalls that the main provisions of Convention No. 55 have been incorporated into Regulation 4.2 and the corresponding Code of the MLC, 2006, while the provisions of Convention No. 130 are not included in the MLC, 2006. Under Standard A4.2(1)(a), shipowners are liable to bear the cost for all seafarers working on their ships in respect of sickness and injury, occurring between the date of commencing duty and the date upon which the seafarer is deemed to have been duly repatriated. Such liability is irrespective of the seafarer’s place of residence. Moreover, according to Standard A4.5(2), ratifying countries are under an obligation to ensure that the social security protection provided at the time of ratification includes at least three of the following nine branches: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit or survivors’ benefit. Guideline B4.5(1) suggests, in this connection, that the protection at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit. With regard to the Government’s earlier indication that it does not anticipate having to amend the national legislation as far as MLC, 2006, social security protection requirements are concerned, the Committee trusts that the Government will take all necessary steps to ensure that all seafarers working on ships flying the flag of the United Kingdom, irrespective of residence, are provided with sickness and injury benefits.

Finally, the Committee notes the Government’s indication that, with regard to the Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164), and the Repatriation of Seafarers Convention (Revised), 1987 (No. 166), the implementation of the Regulations, Standards and Guidelines of the MLC, 2006, will be carried out in such a way as to ensure that those aspects of Conventions Nos 164 and 166 that are currently not implemented in UK law will be included. Moreover, the Government indicates that any adoption of legislation will be preceded by public consultations, in order to ensure that every issue has been satisfactorily addressed. The Committee requests the Government to continue to provide information on steps taken with regard to the ratification and effective implementation of the MLC, 2006.

Part IV of the report form. Practical application. The Committee notes the detailed statistics contained in the Government’s report regarding port State control inspections, investigations into marine accidents and maritime training programmes in the period 2005–09. It also notes the information on the organization and principal functions of the Maritime and Coastguard Agency (MCA). The Committee requests the Government to continue to provide detailed information regarding the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form, as well as relevant extracts from official publications, such as MCA activity reports, notices, circulars or procedures.