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

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

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labour Conventions have been declared applicable to the Isle of Man by the Government of the United Kingdom, which are no longer applicable following the entry into force of the MLC, 2006, for the Isle of Man.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.]