Dáil Éireann Debate, Thursday - 1 April 2004
8 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will investigate the situation at a company (details supplied) where it is alleged that a motor ferry is registered under a flag of convenience and that the crew is paid an average 65% of the minimum wage; his views on the operation of flags of convenience; and if he will make a statement on the matter. [10198/04]
View answerAll merchant vessels of significant size must be registered. More than 140 ship registers are in operation worldwide. Ship registers impose obligations on ship owners regarding maintenance, crewing standards and certification of those matters by the flag state or inspection bodies duly authorised by the flag state.
The development of flag state performance and standards are important issues for my Department and significant developments are taking place internationally to improve the performance of such states. Foremost among these is the development of the International Maritime Organisation flag state code and the IMO member state audit scheme. My Department is involved in these developments and organised a maritime safety forum in Gorey, County Wexford, last week to discuss ways to enhance the performance of flag states. The forum was attended by world leaders in the field of flag state performance.
As Minister, I have responsibility for the Irish ship register, that is, for Irish registered ships. The operations of other ship registers is governed by applicable national and international law. I cannot direct ship operators or owners to use a particular ship register. Within the European Community, ship operators are free to go on any EU or third country ship register.
I have no statutory function in regard to seafarers' wages. The ship operated by the company referred to by the Deputy is not registered on the Irish ship register. Obligations on the ship's owners regarding maintenance, crewing standards and certification of those matters are appropriate to the flag state operating the ship's register, St Vincent and the Grenadines.
Foreign registered vessels using Irish ports are inspected regularly by the marine survey office of my Department in the exercise of Ireland's port state control obligations. These inspections are aimed at ensuring that such vessels are maintained and operated in compliance with international safety standards laid down by the IMO and, in terms of seafarers' social conditions, by the International Labour Organisation's maritime conventions, together with relevant EU initiatives in the maritime area. Deficiencies identified are brought to the attention of the owner and flag state administration and may have to be rectified before the ship continues its journey.
The ship operated by the company referred to by the Deputy was given a detailed port state control inspection earlier this year by officials of my Department. The inspection found several deficiencies, which the company was required to rectify prior to the vessel being allowed to re-enter service. Ireland participates in EU, IMO and ILO discussions on seafarers' welfare, supporting proposals aimed at improving their terms and conditions of employment. Ireland will continue to support efforts in all appropriate fora to enhance working conditions for seafarers and will continue to enforce safety and operational standards through the port state control framework.
Does the Minister agree the flags of convenience system is one of the most disgraceful and appalling aspects of world commerce, which this island nation should urgently address? I refer to the MV Superferry which operates between Cork and Swansea. Although it is owned locally, it is registered in St. Vincent and the Grenadines, which is regarded as a dangerous and high risk registration because of its track record. The ship’s staff is employed by a company called Grey River International.
I have a copy of a shocking report on the ship carried out by Tony Ayton of the International Transport Workers Federation, of which SIPTU is a member. The 65 employees worked extremely long hours — more than 77 hours per week — were not paid overtime and received few holidays. They did not receive sick pay or pension provisions and were often employed on temporary contracts which could be terminated every seven to ten months. Most of the crew was from eastern Europe and many were paid the princely sum of $2.70 per hour, with pay averaging $3.50 per hour, which is well below the minimum wage. Is the Minister not responsible for the treatment of staff on a ship in our waters which carries out important business between the south-west and Wales? This report from the ITF shows the staff were not paid or treated properly
I am aware of the importance of the MV Superferry to business and tourism in the Cork region. An agreement that the union tried to make with the company four years ago included an inability to pay clause, but that was never activated and the crews are discouraged from and terrified into not joining a union.
On the wider question of FOCs, the Minister may have seen me on the news bulletin on New Year's Eve asking what has been happening to the Irish register. Is it the case that a worse situation is developing whereby our highly valued register is taking on ships from throughout Europe, one of which was described as a 31 year old banger, and the companies do not have a brass nameplate in Ireland? Is this not a serious matter which the Minister for Communications, Marine and Natural Resources and the Minister for Enterprise, Trade and Employment should address forthwith?
This is supposed to be Question Time. The Leas-Cheann Comhairle should let the Deputy finish getting himself into a lather. I have no responsibility for seafaring——
Make your name, Minister.
The Deputy should let me answer. I did not interrupt him and I had to listen to his blather up to now. As the Deputy knows well, I have no responsibility for this area.
On the examination of the specific ship, the Port State Control inspection covered seafarers accommodation and working environment, which in its opinion was fine. The Deputy has been specific on some of the details regarding this ferry. The ferry company has advised the Department that the union has been trying to get the seafarers on this boat to join but, if they were to join, the union would collect $299 per man from the ship operators for each seafarer who joined. A SIPTU official was allowed by the ferry to visit the boat to talk to the seafarers who, we are informed, declined to have anything to do with the gentleman.
The Minister has repeatedly said that he can do nothing about it. It is similar to what he said a few weeks ago about An Post. He is great on the sidelines but he does not want to go on to the pitch. He has a serious responsibility. We are a maritime nation. There are 29 micro-states, two of which are on line — Cyprus and Malta. However, Gibraltar, the Cayman Islands, Liberia, Lebanon, Tonga and a list of other states have no controls. Will the Minister not go to the International Maritime Organisation and the various committees to which he referred and put it to them that, as an island nation, we want to take responsibility for seafarers and workers at sea in difficult conditions and when they are in our waters and doing business with Irish companies?
I have no responsibility for this area. This is the system set up under the International Labour Organisation, ILO, and the IMO. The Deputy is fooling people, if he is telling them otherwise. The seafarers did not want to join the union and that is their prerogative.
