{"id":12067,"date":"2022-06-25T11:51:03","date_gmt":"2022-06-25T11:51:03","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12067"},"modified":"2024-03-05T21:06:33","modified_gmt":"2024-03-05T21:06:33","slug":"welfare-of-seafarers","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/welfare-of-seafarers\/","title":{"rendered":"Welfare of Seafarers"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Certificates_of_Competence\" title=\"Certificates of Competence\">Certificates of Competence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Seaman_Agreements\" title=\"Seaman Agreements\">Seaman Agreements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Discharge_Wages\" title=\"Discharge &amp; Wages\">Discharge &amp; Wages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Health\" title=\"Health\">Health<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Discipline\" title=\"Discipline\">Discipline<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Mercantile_Marine_Office\" title=\"Mercantile Marine Office\">Mercantile Marine Office<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Boats_Yachts\" title=\"Boats &amp; Yachts\">Boats &amp; Yachts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/welfare-of-seafarers\/#Employment_of_Young_Persons\" title=\"Employment of Young Persons\">Employment of Young Persons<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Certificates_of_Competence\"><\/span>Certificates of Competence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certificates of competence are required for many of the principal grades of seaman.\u00a0 Acquiring the certificate is subject to examination or other requirements. Certificates are required for the master first mate, second mate, first and second class engineer.<\/p>\n<p>The certificate of competence must be maintained and may be revoked for good cause. There are obligations on the masters of ships to ensure that the relevant certificates of competence are produced in certain circumstances.<\/p>\n<p>Proof must be given to the customs authorities that the certificates of competence are in place and have been validated. There are provisions for international recognition of certificates of competency for seamen.<\/p>\n<p>The Merchant Shipping (Certification of Seamen) Act, 1979 permits the Minister to prescribe standards of competence to be attained by personnel of ships, conduct of examinations, for certificates of competence.<\/p>\n<p>Regulations may specify the required numbers and categories of personnel for the ship.\u00a0 It is an offence to set to sea without prescribed personnel where required. It is an offence for a person to go to sea without the requisite certificate of competency where this is required.\u00a0 The certificate must be produced on request by an officer of the Department.<\/p>\n<p>The Department may hold an enquiry into the fitness of a person to hold the certificate of competency.\u00a0 Where the person is unfit to discharge duties due to incompetence, has been seriously negligent or has failed to comply with obligations, an inquiry may be heard.\u00a0 The certificate may be suspended pending the outcome of the enquiry.\u00a0 Regulations may be made regarding the conduct of the enquiry.<\/p>\n<p>A person in respect of whom an inquiry has been held may appeal to the High Court against any suspension or cancellation of a certificate. The certificate of competency of a master of a ship may be suspended at terms or on certain convictions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Seaman_Agreements\"><\/span>Seaman Agreements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions in the legislation for apprentice seamen.\u00a0 Persons who supply seamen or apprentices for merchant ships must themselves be licensed by the Department. A seaman may be designated an able-bodied seaman if he has served sufficient periods in service at sea.<\/p>\n<p>A form of agreement must be entered by the master of a ship with every seaman in accordance with the approved format.\u00a0 The agreement is to provide details of the voyage, engagement, maximum period, number and description of the crew, time in which the seamen is to be aboard and serve, \u00a0wages, and provisions as to conduct on-board.<\/p>\n<p>Agreements may be for a voyage or for a number of voyages.\u00a0 The master is to endorse the completion of the engagement on the agreement. There are reduced requirements in respect of smaller vessels and those involved in home trade.<\/p>\n<p>The agreement is to be signed by each seamen and is to be explained so that the superintendent ascertains that the seamen understand the same.\u00a0 A copy of the agreement must be posted up on a part of the ship accessible for the crew.<\/p>\n<p>An official log of the ship must be kept in which details and entries are made in relation to a range of matters affecting seamen on board.\u00a0 The logbook must be delivered to the superintendent after each voyage.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Discharge_Wages\"><\/span>Discharge &amp; Wages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions of discharge of seamen. \u00a0Reports regarding conduct, character and qualifications are to be completed.<\/p>\n<p>There are special provisions in relation to payments and entitlement to and recovery of seamen&#8217;s wages.\u00a0 There are special provisions regarding contributions to superannuation funds for seamen.<\/p>\n<p>There are restrictions on dispositions by seamen of their wages.<\/p>\n<p>There are provisions where a seaman dies in the course of a voyage.\u00a0 They deal with a range of matters, including the disposition of personal property and effects and accounting for such assets and effects.<\/p>\n<p>There are provisions regarding leaving and discharge of a seaman in a foreign port.\u00a0 It is impermissible to force seaman on shore or leave them behind.\u00a0 Authorisations are required to discharge seamen at a place outside the State. Medical expenses of injured and sick seamen must not paid for from wages.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Health\"><\/span>Health<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are obligations regarding provisions on-board merchant ships and in relation to the health, safety and accommodation of seamen.\u00a0 There must be prescribed medicinal stores and facilities.\u00a0 Inspections may be made to vouch for compliance.<\/p>\n<p>Any ship with more than 100 persons onboard must have a duly qualified medical practitioner if going on a voyage of a certain length.\u00a0 There are prescribed minimum accommodation requirements for seamen.\u00a0 There are various mechanisms by which seamen may complain of breaches of the legislation.<\/p>\n<p>Seamen are privileged from certain impositions and enforcements.\u00a0 Certain debts may not be recovered till the end of a voyage.<\/p>\n<p>&nbsp;<\/p>\n<p>More modern legislation has provided detailed requirements in respect of crew accommodation on ships. It prescribes the minimum provisions by way of food required for seamen.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Discipline\"><\/span>Discipline<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions in relation to discipline onboard ships.\u00a0 If a seamen or apprentices commit an offence as, they are liable to be similarly punished. They are guilty of an offence if they neglect or deserted their ship, put out reasonable cause.\u00a0 If a seamen or apprentice deserts the ship the master may arrest him if necessary, obtaining assistance of police.<\/p>\n<p>There may be provisions in the agreement with the crew for a fine for misconduct.\u00a0 There are provisions for registrations of fines in a logbook and deduction of the fines.\u00a0 It is an offence to entice a seaman to desert or to harbour a deserter.\u00a0 It is an offence to stow away on a ship without the consent of the owner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mercantile_Marine_Office\"><\/span>Mercantile Marine Office<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A mercantile marine office is to be maintained at each port, and the Department is to have control of it.\u00a0 The business of the mercantile marine office may be conducted at the customs office.<\/p>\n<p>The mercantile marine office is to keep a register of ship crew, superintendent and facilitate the engagement and discharge of seamen, facilitate the making of apprenticeships in the sea service, provide means of securing the presence on-board at proper times of seamen and such other functions as may be committed to them.<\/p>\n<p>The crew&#8217;s registers must be kept by the ship&#8217;s master.\u00a0 The authorities may require production of the certain documents and transmit information centrally.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Boats_Yachts\"><\/span>Boats &amp; Yachts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are more limited provisions in respect of fishing boats and pleasure yachts.\u00a0 Provisions relating to wages, health and accommodation, ability to make complaints, protection from impositions and discipline apply.<\/p>\n<p>Finishing boats employed exclusively in the coastal areas are subject to the provisions regarding apprenticeships, compulsory agreements with crew, certificates of competency and certificates of discharge, production of ship&#8217;s papers and certain disciplinary offences.<\/p>\n<p>There are varying provisions applying to different categories of fishing boats and trawlers.\u00a0 There are provisions regarding apprenticeships, engagement, terms of engagement, and discipline.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Employment_of_Young_Persons\"><\/span>Employment of Young Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Merchant Shipping International Labour Convention restricts the employment of certain young persons on ships.\u00a0 Certain positions may not be undertaken by persons under 18 years of age.<\/p>\n<p>Young persons may only be employed provided a qualified medical practitioner certifies that the person is fit to be employed in the capacity concerned.\u00a0 The certificates must be renewed annually. The young person is a person under 18 years of age.<\/p>\n<p>The Department may make regulations for promoting the welfare of seamen on Irish ships and ports within the state or for maintaining suitable conditions of employment on Irish ships, including regulations ancillary to the same. There are powers to implement various international conventions on conditions for seamen.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12067\" data-postid=\"12067\" class=\"themify_builder_content themify_builder_content-12067 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Certificates of Competence Certificates of competence are required for many of the principal grades of seaman.\u00a0 Acquiring the certificate is subject to examination or other requirements. Certificates are required for the master first mate, second mate, first and second class engineer. The certificate of competence must be maintained and may be revoked for good cause. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[116],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12067"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12067"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12067\/revisions"}],"predecessor-version":[{"id":32664,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12067\/revisions\/32664"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}