Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1, paragraph 2, of the Convention. (a) In reply to the Committee's previous comments, the Government states that a draft Merchant Shipping Bill, of which it transmits a copy, should soon be adopted by Parliament. However, the Committee notes that this draft text does not appear to take into account the comments that it has been making for many years concerning section 102 of the Merchant Shipping Act which is currently in force. Section 99 of the draft text provides that Part VI, which contains provisions concerning the payment of compensation in the event of the loss of the ship, does not apply to pleasure boats or vessels which are under 24 metres in length. The Committee recalls that these exclusions are not in accordance with the Convention, which applies to all vessels, ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned, with the exclusion only of ships of war. The Committee places particular emphasis on the need to bring the legislation into conformity with Article 1, paragraph 2, since the Government no longer appears to refer to the adoption of regulations in respect of vessels of low tonnage, which would extend to the crews of these vessels the protection set out in the Convention.

(b) Furthermore, the Committee would be grateful if the Government would state whether any use has been made of section 103 of the Merchant Shipping Act (reproduced in the Bill as section 100), under which the minister may, by notice in the National Gazette, exempt a particular ship or a particular class of ships from the requirements of Part V of the current Act and, if so, to state the categories of ships excluded and the measures taken to provide the protection set out in the Convention to seafarers employed on those ships.

Article 2. In its previous comments, the Committee drew the Government's attention to the need to amend section 127, paragraph 2(a), of the Merchant Shipping Act so as to repeal any reference to the non-payment of the unemployment indemnity where it has been proven that the seafarer has not made reasonable efforts to save the vessel, the persons or the goods being transported. It notes with interest that section 121 of the draft Merchant Shipping Bill takes into account the Committee's comments on this point. The Committee hopes that this provision will be adopted in the near future.

The Committee hopes that Government will be able to indicate in its next report the progress achieved in giving full effect to the Convention on the above points. Please also transmit the text of the new Merchant Shipping Act when it has been adopted.