Firstly, let me reiterate that this Government is seriously concerned by the lack of consultation or notice offered by P&O in relation to its decision in the United Kingdom, which is contrary to all acceptable industrial relations practice.
On the matter of Irish employees, the Department understands that approximately 25 of the P&O seafarers made redundant were Irish citizens. However, when serving on ships of another flag, they are not subject to Irish law.
Irish employment rights legislation applies to workers – national and non-national - on board Irish registered ships. In relation to ships that are not Irish registered, the flag state (i.e. the state where the ship is registered) has the exclusive right to exercise legislative and enforcement jurisdiction over ships on the high seas.
In terms of inspections, the Marine Survey Office (MSO) is the competent authority for port state control inspections, which ensures compliance with safety requirements after the owner/operator and the flag state.
The MSO has been liaising closely with the Maritime and Coastguard Agency (MCA) of the United Kingdom in relation to the one affected vessel which may operate to Ireland, the M/V Norbay. The MSO attended the MCA's inspection of the ship in an observer role last week. Yesterday, 25 April, the MSO inspected the M/V Norbay in Dublin Port in accordance with EU Directive 2009/16. The vessel has now been cleared to enter into service.
Maritime transport is a global and mobile industry and requires a global response to ensure effective regulation.
The main instrument dealing with seafarer living and working conditions is the International Labour Organisation (ILO) Maritime Labour Convention, 2006 which Ireland ratified in 2014. The Department of Enterprise, Trade and Innovation has overall responsibility for ILO issues, supported by the Department of Transport for shipping matters. It is important in the first instance that flag states take responsibility for their fleet and that the Maritime Labour Convention is appropriately applied and enforced. Only then can seafarers have confidence in maintaining a sustainable career. In the case of P&O, I understand the relevant flag states are Cyprus, Bahamas, Bermuda and the Netherlands.
My Department continues to work at international level through the International Maritime Organisation, the International Labour Organisation and the EU to strengthen the protection of seafarers.
