European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009

I would like to introduce the draft legislation which we are considering this afternoon and, in doing so, explain and emphasise the importance of it. The International Labour Organisation’s, ILO, Maritime Labour Convention 2006 is an excellent example of international co-operation; it is the product of around five years of deliberation at the ILO involving Governments, ship owners’ associations and seafarer unions. I am proud to say that it was the United Kingdom that took the lead in negotiations. All stakeholders have played a role in its development and give it their unequivocal support. It is now being referred to as a super-convention. Life at sea is a difficult and often dangerous occupation. This convention aims to address current shortfalls in seafarers’ working conditions. It will ultimately lead to safer and more efficient ships, and therefore healthier and cleaner seas. The draft European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009, which is before us, would declare that the Maritime Labour Convention 2006 is to be regarded as a Community treaty, as defined in Section 1(2) of the European Communities Act 1972. The principal effect of declaring the convention to be a Community treaty is that the provisions of Section 2 of the European Communities Act 1972 will then apply in relation to it. As noble Lords will be well aware, Section 2 contains powers which may be used to implement Community obligations, which include obligations in Community treaties. After the order comes into force, the Secretary of State for Transport intends to use the Section 2 powers in the 1972 Act when making secondary legislation to ensure that the convention is fully implemented into UK law. At its 94th maritime session held in Geneva in February 2006, the International Labour Conference adopted the Maritime Labour Convention 2006. The new convention consolidates and updates over 60 maritime labour instruments adopted by the ILO since 1920. The object of the convention is to provide a comprehensive set of global maritime labour standards for all seafarers. The convention covers: minimum standards for working on a ship, including minimum age, medical certification, training and recruitment; conditions of employment, covering employment agreements, wages, hours of work, annual leave, repatriation, employer liability, manning and career development; accommodation, recreational facilities, food and catering; health protection, medical care, welfare and social security protection; and compliance and enforcement, including flag state and port state responsibilities. Having played such a leading role in the development of the convention we are committed to its ratification as soon as domestic law and practice are fully in line with the convention’s requirements. The Government’s commitment to ratification is shared by our partners in the European Union, as is reflected by the Council decision on 7 June 2007 authorising EU member states to ratify the convention for those parts of it that fall within Community competence, and exhorting member states to ratify by the end of 2010. It is this target date for ratification that the Government are working towards. At present we believe we are on schedule to achieve it, although there is detailed work to be done. I should emphasise at this point that there is neither a surrender of sovereignty nor an extension of European Union competence implied by the legislative path that we have chosen. The convention will come into force internationally one year after it has been ratified by 30 ILO member states, representing 33 per cent of the world’s tonnage. Currently, five states have ratified—Liberia, Bahamas, Marshall Islands, Panama and Norway—and by virtue of these five states ratifying, the tonnage requirement has already been met. It is expected that a further 25 members will ratify by late 2010, which means that the convention will come into force in late 2011. I turn now to the steps that the UK is taking to implement the convention in our domestic law. There are a number of areas covered by the convention in which we need to change UK law in significant ways. A total of 14 sets of new or amending regulations have been identified in order to implement the convention into UK law, covering legislation on minimum age, medical certificates, health and safety issues, hours of work, crew accommodation and food and catering. In addition, of course, there are a number of areas where UK law already meets the requirements of the convention and where no change will be necessary. It is important to remember that the detailed proposals for implementing the convention are not in the draft Order in Council we are debating today. That is why the Explanatory Memorandum identifies no costs arising from this instrument and refers to the fact that there is no impact assessment. Instead, the detailed proposals will be brought forward in secondary legislation in due course. These detailed statutory instruments will be a product of our work with our social partners, with appropriate public consultation. Impact assessments for the individual measures will be published at that stage. There are already powers under the Merchant Shipping Act 1995 which would enable some changes to be made to UK law which would help to bring us in line with the convention, but these powers would not be enough on their own. It is for that reason that it is necessary to have the Order in Council which is before us today. It is appropriate to specify the Maritime Labour Convention in the draft Order in Council before us because it is ancillary to the existing Community treaties. It is ancillary because it contains significant matters that lie within the competence of the European Community, both exclusive and shared. There is shared competence, for example, in relation to minimum age, working time and medical treatment on board vessels. There is exclusive Community competence in the co-ordination at European level of social security provision. Even where the specific subject matter may not fall within Community competence, there remains a close connection with the promotion of social protection and the raising of standards of living and employment for seafarers so that the relationship with other matters dealt with at the European level is clear. I should like to make clear the thinking behind this choice of instrument as opposed to new primary legislation. It would, of course, be possible to use primary legislation to implement this convention, but the Committee will recognise that Parliament’s time is limited and so, as the European Communities Act permits us to use secondary legislation, the Government propose to take this approach. We consider it is the most efficient route for implementing a convention which enjoys such wide support among maritime stakeholders on all sides. Therefore this order will be made under Section 1(3) of the European Communities Act 1972 in order to use the vires in Section 2(2) of that Act. This will facilitate the implementation of those provisions of the convention that are not already either implemented in UK law or capable of being implemented using existing powers, thus facilitating the ability of the United Kingdom to meet its international commitments and obligations in this important regard.