CLOSE FERRY OWNERS’ ‘SHAMEFUL’ LOW-PAY LOOPHOLE!

R MT has urged support for measures to close a ‘shameful’ legal loophole that allows operators of ferries between UK ports to ignore minimum wage legislation and pay non-UK seafarers as little as £2 an hour. Lord Rosser introduced to the House of Lords an amendment to the Equality Bill which would ensure that the national minimum wage applies to all seafarers on all vessels, regardless of flag, operating between UK ports and in the UK offshore sector. A second amendment would incorporate into the legislation draft regulations that go a long way to eliminating the right of ship-owners to ignore the Race Relations Act and to discriminate on the grounds of nationality, ensuring that they are implemented speedily (details below). RMT national secretary Steve Todd said that it was scandalous that seafarers in UK waters, even on UK ships, can be paid at poverty rates at as little as £2 an hour, and that shipowners have managed to keep themselves above discrimination law for so long. “These amendments would help to bring some justice to seafarers who have faced super- exploitation for far too long. “The draft regulations are clearly a step in the right direction and are to be welcomed, but it is important that they become part of the primary legislation to ensure they are implemented as soon as possible,” Steve Todd said. Over 60 MPs have signed Early Day Motion 294 put down by Gwyn Prosser criticising the Foreign Office for claiming that applying the minimum wage on ferries that trade solely between UK ports could mean the UK is in breach of United Nations Convention of the Law of the Sea. The EDM calls on the Foreign Secretary to immediately publish the legal advice on which their blocking action is based and allow the advice to be subject to urgent independent scrutiny. RACE RELATIONS ACT - DRAFT REGULATIONS IN THE EQUALITY BILL As currently drafted the regulations will mean the following changes to seafarers pay discrimination: UK-FLAGGED SHIPS For UK flagged ships, wholly or partly in UK waters, no discrimination will be allowed, even for non-EU nationals. EU-FLAGGED SHIPS For EU/EEA flagged ships in UK waters adjacent to UK waters, no discrimination will be allowed for EU/EEA nationals. But this only applies if the legal relationship of the seafarers employment can be located within Great Britain or there is a sufficiently close link. FOR UK-FLAGGED SHIPS OUTSIDE UK WATERS Discrimination would only be outlawed in these circumstances if the ship was registered in the UK, the seafarer is a British citizen or an EU national, and the legal relationship of the seafarers employment can be located within Great Britain or there is a sufficiently close link. RMT helpline 0800 3763706 :: march 2010 :: RMTnews 14 CLOSE FERRY OWNERS’ ‘SHAMEFUL’ LOW-PAY LOOPHOLE! EARLY DAY MOTION 294 SEAFARERS’ POVERTY PAY AND THE FOREIGN OFFICE That this House notes that for a number of years discussions have been taking place in both Houses with government and with the TUC to seek to resolve the horrendous situation whereby ferry company owners and others, whose vessels regularly trade on fixed routes between UK ports are allowed to pay poverty wages substantially below the minimum wage to non-UK seafarers including rates as little as £2.00 per hour; welcomes the fact that a number of members have supported amendments to the Equality Bill which would close this loophole; is therefore dismayed that the Foreign and Commonwealth Office (FCO) is blocking these amendments by claiming that applying the minimum wage on ferries that trade solely between UK ports could mean the UK is in breach of United Nations Convention of the Law of the Sea; further notes the FCO have adopted this position despite independent legal advice to the contrary provided to the RMT union and also the advice of the International Transport Workers Federation; is appalled that in the 21st Century the Foreign Office is effectively allowing the continuation of poverty wages to continue in UK waters; and calls on the Foreign Secretary to immediately publish the legal advice on which their blocking action is based and allow the advice to be subject to urgent independent scrutiny. Gwyn Prosser MP