Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention du travail maritime, 2006 (MLC, 2006) - Irlande (Ratification: 2014)

Autre commentaire sur C186

Demande directe

2021
2018

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that Ireland had previously ratified 15 maritime labour Conventions that have been denounced following the entry into force of the Convention for Ireland. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Ireland on 18 January 2017. 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.

Article II, paragraphs 1(f), 2, 3 and 7, of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee notes that the Regulations, Statutory Instruments and Marine Notices which give application to the Convention contain different definitions of “seafarer”. According to section 2 of Statutory Instrument (S.I.) No. 373/2014 – Merchant Shipping (Maritime Labour Convention) (Seafarers Employment Agreement and Wages) Regulations 2014 (hereinafter S.I. 373/14), “seafarer” means any person, including a master, who is employed, engaged or works in any capacity on board a ship and “whose normal place of work is on the ship”, but does not include a pilot within the meaning of section 2 of the Harbours Act 1996 (No. 11 of 1996). A similar provision is included in S.I. No. 374/2014 – Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships’ Cooks) Regulations 2014 (hereinafter S.I. 374/14). However, the Committee has not been able to find a concrete definition of what is meant by “whose normal place of work is on the ship”. The Committee considers that, in order to avoid legal uncertainties as to the categories of persons covered by the Convention, clear criteria should be adopted in this regard. The Committee recalls that, under Article II, paragraph 3, of the Convention, in the event of doubt as to whether any categories of persons have to be regarded as seafarers for the purpose of the Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to provide information on how it has given effect, or envisages to give effect, to Article II, paragraph 3, including the adoption of precise criteria to define the categories of persons which have not to be regarded as seafarers.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that different national regulations and other measures implementing the Convention apply to “seagoing Irish ships”. They define “ship” as any vessel, whether publicly or privately owned, which is ordinarily engaged in commercial operations, being a vessel other than a fishing vessel, warship or naval auxiliary. “Seagoing” in relation to a ship is defined as: “(a) a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968); (b) a passenger boat that proceeds to sea of Class P3, P4, P5 or P6, in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992; (c) a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992; (d) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011; (e) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011; (f) a Dynamically Supported Craft (“DSC”) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011; or (g) any other ship that proceeds to sea beyond the limits of smooth or partially smooth waters” (see, for example, section 2 of S.I. 373/14). The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), whether publicly or privately owned, ordinarily engaged in commercial activities, other than those excluded by Article II, paragraph 4. The Committee requests the Government to indicate how it ensures that the national laws, regulations and other measures in force which are giving effect to the Convention apply to all ships covered by its provisions.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that S.I. No. 375/2014 – Merchant Shipping (Maritime Labour Convention) (Shipowners’ Liabilities and Repatriation) Regulations (hereinafter S.I. 375/14), which give application to various provisions of the Convention, do not apply to seagoing Irish ships of less than 200 gross tonnage not engaged in international voyages. The Committee recalls that Article II, paragraph 6, provides flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tonnage that do not voyage internationally. The flexibility provided in Article II, paragraph 6, can only be exercised by the competent authority in consultation with the shipowners’ and seafarers’ organizations concerned for cases where it determines that it would not be reasonable or practicable to apply the details of the Code provisions concerned (the Standards and Guidelines) at the present time and that the subject matter of such provisions is dealt with differently by national legislation or collective agreements or other measures. The Committee considers that Article II, paragraph 6, therefore does not provide for the exclusion of a ship, or a category of ships, from the protection offered by the Convention and, even if a determination has been made, the provisions of the Regulations must still be applied. The Committee requests the Government to indicate how it has given effect to Article II, paragraph 6, of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that under Regulation 6A(2) of S.I. No. 245/2014, European Communities (Merchant Shipping) (Organization of Working Time) (Amendment) Regulations 2014, (hereinafter S.I. 245/14), “… (2) A seafarer who is 16 or 17 years of age may be required to work at night if … (b) the specific nature of the duty or an established training programme requires such a seafarer to perform duties at night. …”. The Committee recalls that Standard A1.1, paragraph 3(b), of the Convention provides for an exception to strict compliance with the night work restriction when: “the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being”. The Committee requests the Government to indicate how it ensures that any exception to night work is not detrimental to the health or well-being of young workers and whether it has consulted the social partners before authorizing the abovementioned exceptions, thereby ensuring full conformity with Standard A1.1, paragraph 3(b).

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s reference to a legislation of general application, which provides that an employer shall not employ young persons under 18 years at work where a risk assessment reveals that work: (a) is beyond the physical or psychological capacity of the child or young person concerned; (b) involves harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affects human health; (c) involves harmful exposure to radiation; (d) involves the risk of accidents which it may be assumed that it cannot be recognized or avoided by a child or young person owing to insufficient attention to safety or lack of experience or training; or (e) presents a risk to health from exposure to extreme heat or cold or to noise or vibrations (section 145 of S.I. No. 299/2007, Safety, Health and Welfare at Work (General Application) Regulations 2007). The Committee notes that, according to the DMLC, Part II, “no individual under 18 will work at height, overboard (except during drills), or in food preparation”. The Committee recalls that Standard A1.1, paragraph 4, of the Convention requires that the types of work which are likely to jeopardize the health and safety of seafarers under 18 years shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee requests the Government to provide information on the list of types of hazardous work for seafarers under 18 years which has been determined by the competent authority taking into account the specific conditions of work and risks on board ships for young seafarers under 18 years of age, including information on consultation with the shipowners’ and seafarers’ organizations concerned, as required under Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee notes that Regulation 10(c) of S.I. No. 246/2014, Merchant Shipping (Medical Examinations) Regulations 2014, provides that “a person who, having been medically examined under these Regulations …, has had his or her medical fitness certificate suspended for a period of more than three months or revoked pursuant to Regulation 9, may apply to the Minister for the matter to be reviewed by a medical referee”. The Committee observes that this provision is not in conformity with Standard A1.2, paragraph 5, of the Convention, which allows – without any restriction – seafarers who have been refused a certificate or have had a limitation imposed on their ability to work to have a further examination by another independent medical practitioner or by an independent medical referee. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.2, paragraph 5.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that at present there are no public or private recruitment services authorized to operate in the country. It also notes the Government’s information that there are around 900 seafarers working on ships flying the Irish flag who are resident in its territory or Irish nationals. The Committee requests the Government to indicate how seafarers resident in Ireland are generally recruited for working on ships flying the Irish flag and on ships flying the flags of other countries.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes that the Memoranda of Understanding to which the Government refers do not concern the application of this Regulation. The Committee recalls that Standard A1.4, paragraph 9, provides that each Member which has ratified this Convention shall require that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories in which this Convention does not apply, ensure, as far as practicable, that those services meet the requirements of this Standard. The Committee requests the Government to provide information on the measures envisaged or adopted to give effect to Regulation 1.4, paragraph 9, of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that the legislation cited by the Government, that is S.I. No. 532/2003 European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003, as amended (hereinafter S.I. 532/03), does not refer to normal working hours for seafarers nor to the guidance provided in Guideline B2.3.1 concerning young seafarers. The Committee requests the Government to indicate how effect is given to Standard A2.3, paragraph 3, and how it has given due consideration to Guideline B2.3.1 of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that under Regulation 10(2) of S.I. 532/03, annual leave to which a seafarer is entitled may not be replaced by a payment in lieu except where the seafarer’s employment is terminated. While noting this provision, the Committee requests the Government to provide information on whether any agreements to forgo the minimum annual leave with pay are prohibited under national legislation, in conformity with Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that Regulation 11 (Duty to repatriate seafarers) of S.I. 375/14 provides that a shipowner shall make such provision as is necessary for the repatriation of a seafarer as soon as is practicable, inter alia, where for justified reasons a seafarer’s agreement is terminated by the shipowner or by the seafarer. The Committee recalls that Standard A2.5, paragraph 1(b), provides that each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: when the seafarers’ employment agreement (SEA) is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons. The Committee requests the Government to clarify if a shipowner who terminates the SEA for any reason shall repatriate the seafarer, as required by the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs. The Committee notes that the Government has indicated that due to his or her “misconduct”, a seafarer can be expected to reimburse the cost of his or her repatriation, according to Regulation 14(2) of S.I. 375/14. The Committee recalls that under Standard A2.5.1, paragraph 3, each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarer’s wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee requests the Government to provide information on what is considered to be misconduct under the applicable legislation and it requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations” pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note that according to Regulation 4 (Provision of Financial Security) of S.I. 375/14, shipowners shall ensure that before the ship proceeds to sea or, if already at sea, while it remains at sea and at any relevant time thereafter, there is in force a contract of insurance or other form of financial security adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have by or under any enactment or an SEA to provide compensation in the event of death or long-term disability to seafarers arising from occupational injury, illness or hazard. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (If yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned.); (b) has your country received requests to facilitate repatriation of a seafarer? (If yes, how did your country respond?); (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, please specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board.); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions and to indicate in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes that under Regulation 5 of S.I. 551/1998, Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1998, “it shall be the duty of every shipowner to ensure that in relation to each of its ships of 500 gross tonnage or more: (a) a safe manning document is in force in respect of each ship and the manning of each ship …”. It also notes that Regulation 15 of the same S.I. provides that where the Minister considers it appropriate in the circumstances, she/he may grant exemptions from all or any provisions of the Regulations for classes of cases or individual cases. The Committee recalls that Standard A2.7 does not provide for exemptions in relation to the gross tonnage of ships or any other reasons. The Committee requests the Government to indicate the measures taken to ensure that all ships covered by the Convention are required to conform with and to implement Regulation 2.7. The Committee notes that, with regard to complaint mechanisms about determinations on the safe manning levels, the Government refers to Regulation 16 of S.I. 376 of 2014, Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014, which only deals with on board complaint procedures. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.7.1. The Committee notes that the Government provides with its report an example of a safe manning document concerning a bulk carrier ship. The Committee requests the Government to provide examples of a safe manning document regarding other types of ship (passenger, cargo, etc.).

Regulation 3.1 and Standard A3.1, paragraphs 9 and 11. Accommodation and recreational facilities. Sleeping rooms and sanitary facilities. The Committee requests the Government to provide information on how effect is given to Standard A3.1, paragraphs 9(f) and (g) (size of the floor area of single berth seafarers’ sleeping rooms), and paragraph 11(f) (hot and cold running fresh water available in all wash places). The Committee notes that the Government has provided no information on the accommodation requirements on special purpose ships. The Committee requests the Government to provide information in this regard.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that the legislation implementing Regulation 4.1 is S.I. No. 506 of 1997, European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations 1997 (hereinafter S.I. 506/97), and Regulation 5 of S.I. 375/14. The Committee notes that Regulation 6 (Right to seek medical attention) of S.I. 375/14 provides that when a ship to which these Regulations apply is in a port of call, the shipowner shall permit a seafarer to seek medical attention, where reasonably practicable, without delay. The Committee requests the Government to indicate if medical attention includes the possibility to visit a dentist, such as provided under Standard A4.1, paragraph 1(c). The Committee notes that, under Regulation 3(4) of S.I. 506/97, the owner of a vessel that: (a) has a crew of 100 or more workers; and (b) engages on an international voyage of more than three days, shall ensure that a medical doctor is on the vessel to provide medical care for the workers during the voyage. The Committee recalls that Standard A.1, paragraph 4(b), provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons … ”. The general expression “persons” does not only include seafarers but may include other persons on board not in the quality of seafarers, such as passengers. The Committee requests the Government to indicate the measures taken to bring its legislation into conformity with the provisions of the Convention. The Committee notes that the applicable legislation does not appear to implement Standard A4.1, paragraph 4(c). The Committee requests the Government to provide information on the application of the obligations regarding ships which are not required to carry on board a medical doctor.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that Regulation 5(4) of S.I. 375/14 provides that the duty of the shipowner to defray medical care expenses is limited to expenses incurred during whichever of the following periods is the shorter: (a) a period of 16 weeks beginning on the day on which the sickness or injury first occurs; or (b) a period beginning on the day on which the sickness or injury first occurs and ending on the day: (i) on which a registered medical practitioner notifies the seafarer of a decision that the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of his or her agreement and the seafarer is unlikely to be fit to carry out duties of that nature in the future; or (ii) on which the seafarer has recovered from his or her sickness or injury. The Committee observes that this provision appears to allow a limitation of the liability of the shipowner for a period of less than 16 weeks from the day of the injury or the commencement of the sickness (Standard A4.2.1, paragraph 2). The Committee requests the Government to explain how full effect is given to this provision of the Convention. The Committee notes that Regulation 7 of S.I. 375/14 on shipowners’ liability for seafarers’ wages following sickness or injury resulting in incapacity for work applies in relation to a seafarer who experiences sickness or injury which: (a) first occurs during a period which starts on the date on which that seafarer’s agreement commences and ends on: (i) the date on which the shipowner’s duty to repatriate that seafarer under Regulation 11 ends; or (ii) the date on which the seafarer otherwise leaves the ship; and (b) first occurs subsequent to that period but is caused by circumstances or events arising during that period. The Committee observes that the reference to the date on which “the seafarer otherwise leaves the ship” is not clear and in any case is not contemplated under the Convention. It recalls that shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates (Standard A4.2.1, paragraph 1(a)). The Committee requests the Government to indicate the measures taken to ensure that its legislation is fully compliant with this requirement of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, it notes that Regulation 4 of S.I. 375/14 provides that the shipowner of a ship to which these Regulations apply shall ensure that before the ship proceeds to sea or, if already at sea, while it remains at sea and at any relevant time thereafter, there is in force a contract of insurance or other form of financial security adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have by or under any enactment or an SEA to provide compensation in the event of death or long-term disability to seafarers arising from occupational injury, illness or hazard. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, please specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board.); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government refers to a number of Regulations, both specific to the maritime sector and in general, as giving application to Regulation 4.3. With regard to the national guidelines, it notes that the Government refers to “Guidance notes for safety officials”, which contain a guidance on the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations, 1988. Noting that such Regulations were adopted before the entry into force of the MLC, 2006, and do not cover all the matters listed under Guideline B4.3.1, paragraph 2, the Committee requests the Government to provide information on any steps taken to develop and promulgate, after consultation with representative shipowners’ and seafarers’ organizations, national guidelines for occupational safety and health on board ships that fly its flag. The Committee notes that, under Regulation 4(3) of S.I. No. 109 of 1988, Merchant Shipping (Health and Safety: General Duties) Regulations 1988, “It shall be the duty of every employer of employees aboard a ship registered in the State to prepare and, as often as may be appropriate, revise a written statement of his general policy with respect to the health and safety aboard ship and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of his employees. Provided that this requirement shall not apply to an employer who employs less than 10 employees in aggregate on board ships registered in the State.” The Committee requests the Government to specify how the requirement of Standard A4.3, paragraph 1(a) (promotion of occupational safety and health policies and programmes on board), is complied with regarding ships employing less than ten seafarers covered under the Convention. The Committee notes that the example of the Declaration of Maritime Labour Compliance (DMLC), Part II, provided by the Government only contains a generic reference to Safety Management System Manuals, without outlining a shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases. The Committee requests the Government to provide other examples of Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). The Committee notes that, with regard to measures taken to protect the safety and health of seafarers under the age of 18, the Government refers to legislation of general application (S.I. No. 299 of 2007, Safety, Health and Welfare at Work (General Application) Regulations 2007). The Committee requests the Government to specify how the special needs of seafarers under 18 years of age have been taken into account in applying Standard A4.3, paragraph 2(b), and Guideline B4.3.10.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care, old-age benefit and survivors’ benefit. The Committee requests the Government to specify how it has taken into account Guideline B4.5, paragraph 1, establishing that the protection to be provided at the time of ratification in accordance with Standard A4.5 paragraph 2, should at least include the branches of medical care, sickness benefit and employment injury benefit. Noting that the Government’s report contains information with regard to social security branches not specified at the time of ratification, the Committee requests the Government to provide information on the steps taken to extend social security protection for seafarers to branches not covered at present (Regulation 4.5, paragraph 2, and Standard A4.5, paragraph 11). The Committee notes that, according to the information provided by the Government, for the three branches specified, social security coverage is not available to all seafarers ordinarily resident in Ireland, but only to those who work on Irish flagged ships. With respect to seafarers who are habitually resident in Ireland and who are working on a ship flying a foreign flag (that is, not subject to Irish social insurance), there is an option for them to become voluntary contributors subject to certain conditions. The Committee recalls that under Standard A4.5 paragraph 3, each Member shall take steps to provide the complementary social security protection referred to in paragraph 1 of the Standard to all seafarers ordinarily resident in its territory, regardless of the flag of the ships they work on. The Committee requests the Government to provide information on the measures taken to ensure that all seafarers ordinarily resident in Ireland, including those who work on board ships flying a foreign flag, are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shore workers resident in Ireland, in conformity with Regulation 4.5 of the Convention. The Committee notes the Government’s reference to bilateral agreements related to social security for seafarers. The Committee requests the Government to provide further details on social security coverage of seafarers under these bilateral agreements.

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes that Regulation 14 of S.I. 376 of 2014, Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 (hereinafter S.I. 376/14), provides that the shipowner or the master shall make the maritime labour certificate and the declaration of maritime labour compliance available, upon request, to an organization that represents seafarers. The Committee recalls that Standard A5.1.3, paragraph 12, provides that a copy of such documents shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives. The Committee requests the Government to provide information on how it ensures that this provision is fully implemented.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indication that surveyors must have a Warrant of Appointment made by the Minister for Transport, Tourism and Sport. The Quality Management System sets out the competence requirements for persons doing the work. Considering the Government’s information that the certification and inspection functions have been delegated to Recognized Organizations (ROs), the Committee requests the Government to provide further information on the qualifications, training and status required for flag State inspectors carrying out inspections under the Convention (Standard A5.1.4, paragraphs 3, 6, 11 (a) and 17). The Committee also requests the Government to provide detailed information on the procedures for receiving and investigating complaints (Standard A5.1.4, paragraph 5). The Committee notes that Regulation 10(2) of S.I. 376/14 provides that an inspection report shall be furnished by the surveyor to the competent authority or the recognized organization, as applicable, and a copy of each report shall be given to the master of the ship. The Committee notes that this provision appears to only concern the certification inspection report. The Committee requests the Government to provide further information on the arrangements made to ensure that inspectors submit a report of each inspection to the competent authority, that a copy is furnished to the master and another posted on the ship’s notice board (Standard A5.1.4, paragraph 12). The Committee notes that the Government has stated that a ship would be prohibited from leaving port in case of serious non-compliance with the MLC, 2006, without indicating the relevant national laws or regulations. It also notes that, under Regulation 15(1) of S.I. 376/14, a surveyor of ships may require that such corrective measures be taken as she/he considers necessary having regard to any deficiencies identified. In exercising his/her powers, a surveyor of ships shall make all possible efforts to avoid a ship being unduly delayed. The Committee recalls that under Regulation 5.1.4, paragraph 7(c), inspectors shall be empowered to prohibit a ship from leaving port until necessary actions are taken when they have grounds to believe that deficiencies constitute a significant danger to seafarers’ safety, health or security. The Committee requests the Government to indicate how it ensures that Standard A5.1.4, paragraph 7(c), is fully implemented.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that, under Regulation 6 of S.I. 276 of 2011, European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011, the competent Board shall conduct a safety investigation in respect of very serious casualties, which are defined as those involving the total loss of the ship or a death or severe damage to the environment. In the case of serious casualties, the Board shall carry out a preliminary assessment in order to decide whether or not to undertake a safety investigation. In the case of any other casualty or incident, the Board shall decide whether or not a safety investigation is to be undertaken. The Committee notes that in the latter case the holding of an investigation is optional, the Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]