Dáil Éireann debate -
Wednesday, 26 Jan 1994

Vol. 437 No. 6

Written Answers. - Employment Conditions of Seamen.

Richard Bruton

Question:

301 Mr. R. Bruton asked the Minister for Enterprise and Employment if his attention has been drawn to the fact that seamen do not come within the terms of the Minimum Notice and Terms of Employment Act, 1973, because Articles drawn up under the Merchant Seamen's Act, 1894, take precedence in regard to terms of notice; his views on whether this is unfair discrimination against seamen; and if he will consider changes in the law in this regard.

Minister for Enterprise and Employment (Mr. Quinn)

The Minimum Notice and Terms of Employment Act, 1973 lays down minimum periods of notice to be given by employers and employees when terminating a contract of employment.

The 1973 Act does not apply to persons employed pursuant to an employment agreement under the Merchant Shipping Act, 1894 and therefore seamen are not covered by the terms of the 1973 Act.

The Merchant Shipping Act, 1894, contains provisions which require that agreements be made with crew members and these agreements, in general, must contain details of the nature and, where practical, the duration of the individual voyage or engagement and the discharge of seamen from the vessel. The present system of legal regulation of employment of merchant seamen follows from the particular nature of such employment. Seamen, except in very small ships, sign on under Articles of Agreement for a voyage or series of voyages.

I have no plans at present to amend the entitlement to notice on termination of employment provisions of the Minimum Notice and Terms of Employment Act, 1973. However, in the event of those provisions being reviewed at some future date, I wish to assure the Deputy that the inclusion of seamen is an issue which will be examined in consultation with the industry and other interested parties.