Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 180) sur la durée du travail des gens de mer et les effectifs des navires, 1996 - Irlande (Ratification: 1999)

Article 5(1)(b) of the Convention. Minimum hours of rest. Further to its previous comment, the Committee notes the Government’s indication that the necessary amendments to section 6(1) of the European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 (S.I. No. 532/2003), are in progress and will bring the national legislation into conformity with the Convention so that a seafarer will be entitled to minimum hours of rest that are not less than 77 hours in any seven-day period. The Committee recalls that the same provision on minimum hours of rest is incorporated in Standard A2.3(5)(b)(ii) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee requests the Government to keep the Office informed on the process of amending section 6(1) of S.I. No. 532/2003, and to transmit a copy of the amended regulations once they have been finalized.

Article 6. Night work. The Committee notes the Government’s indication that, as part of the anticipated ratification of the MLC, 2006, the necessary measures will be taken to amend the Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing or Shipping Sectors) Regulations 1997 (S.I. No. 1/1997), to ensure that the general prohibition of night work for young seafarers under 18 years of age is implemented and enforced, and that an exception would only be permitted if the effective training of seafarers between the ages of 16–18 years, in accordance with established programmes and schedules, would be impaired. The Committee recalls that the same prohibition of night work for young seafarers below 18 years of age is incorporated into Standard A1.1(2) and (3) of the MLC, 2006. The Committee requests the Government to keep the Office informed on the process of amending S.I. No. 1/1997, and to transmit a copy of the amended regulations once they have been finalized.

Article 7(1). Emergency activities. While noting the Government’s statement that priority is given to legislation for the purpose of ratifying the MLC, 2006, the Committee recalls that under this Article of the Convention and Standard A2.3(14) of the MLC, 2006, a master is entitled to require seafarers to perform any hours of work only if this is necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to ships or persons in distress. The Committee accordingly requests the Government to keep the Office informed on the process of revising section 8(1) of S.I. No. 532/2003 to ensure that a master may suspend the schedule of hours of work or hours of rest only in the limited circumstances set out in this provision of the Convention.

Article 12. Minimum age. The Committee notes the Government’s indication that, while Ireland currently complies with the requirement of this provision in practice, upon ratification of the MLC, 2006, its legislation will also be brought into full conformity with the Convention. Recalling that Standard A1.1(1) of the MLC, 2006, also fixes the minimum age for work on board a ship at 16 years of age, the Committee requests the Government to keep the Office informed of any measures taken to bring the Protection of Young Persons (Employment) Act of 1996 into conformity with this Article of the Convention.