Merchant Shipping Act 2010

87.

Maritime Labour Convention 2006.

87.— (1) In this section “Convention” means Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006.

(2) ( a) The Regulations, and the Standards of the Code, of the Convention have the force of law in the State and judicial notice shall be taken of them.

( b) A copy of the Convention or the Regulations, or the Standards of the Code, of the Convention purporting to be published by the International Labour Organisation may be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the Convention, the Regulations, or Code of the Convention, as the case may be.

(3) The Minister may, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, make regulations to fulfil the State’s commitments under the Convention in accordance with its terms and to give full force to the Regulations, and the Standards of the Code, of the Convention with respect to ships (within the meaning of Article II(1)(i) of the Convention) which are Irish ships and seafarers sailing on those ships. In making such regulations the Minister shall give due consideration to the relevant guidelines of the Code of the Convention.

(4) Without prejudice to the generality of subsection (3) , regulations made under this section shall—

( a) establish a system for ensuring compliance with the Convention, including surveys, certification, inspections, reporting and monitoring, and

( b) ensure that ships referred to in subsection (3) carry maritime labour certificates and a declaration of maritime labour compliance as required by the Convention.

(5) ( a) An authorised person may inspect any ship, for the purpose of seeing that it is properly certified and is compliant with the Convention.

( b) If an authorised person in making an inspection under this subsection finds that the ship is not in compliance with the Convention, he or she shall give to the owner or master notice in writing pointing out the violation.

( c) An authorised person may board and inspect any ship to see that a notice under this section has been complied with.

( d) An authorised person may make such tests (either on the ship or ashore or at dock), ask such questions and inspect such documents as he or she considers appropriate for the purposes of this subsection.

( e) The Minister may appoint in writing other persons or persons of such classes as he or she sees fit to be authorised persons for the purposes of or a specified purpose of this subsection.

( f) An authorised person appointed under paragraph (e) shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on an authorised person under this Part shall, if requested by a person affected, produce the warrant or a copy of it to that person for inspection.

( g) An authorised person may be assisted in the exercise of his or her functions under this subsection by such persons as he or she considers necessary.

(6) Regulations under this section may, with the consent of the Minister for Finance, prescribe the fees (if any) for the granting of or to accompany an application for the granting of maritime labour certificates or declarations of maritime labour compliance or matters relating to surveys, certification, inspections, reporting or monitoring as required by the Convention. Fees under this subsection shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(7) Regulations made under this section shall prohibit violations of the requirements of the Convention and shall—

( a) provide for offences for such violations, or

( b) require the adoption of corrective measures (including prohibitions on operating ships),

or do both.

(8) A person who commits an offence under regulations made under this section is liable on summary conviction to a fine not exceeding €5,000 or to such lesser amount as specified in the regulations in respect of the offence.

(9) Where a person fails to comply with regulations made under this section or take any corrective measures adopted under those regulations, the Minister may make an application to a court of competent jurisdiction, or to the High Court in any case, for an order requiring compliance with the regulations or the taking of the corrective measures. The Court may make such order in this regard as it sees fit.

(10) In relation to discrimination on the age or disability ground nothing in the Employment Equality Act 1998 renders unlawful any act done in compliance with this section or any regulation made under this section.

(11) In this section “authorised person” means—

( a) a surveyor of ships, or

( b) a person appointed under subsection (5)(e).

(12) This section comes into operation on such day as the Minister may appoint by order.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (16.02.2020) by Merchant Shipping (Maritime Labour Convention) (Shipowners’ Liabilities and Repatriation) (Amendment) Regulations 2020 (S.I. No. 88 of 2020), in effect as per reg. 1(2).

E3

Power pursuant to section exercised (20.08.2014) by Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014 (S.I. No. 376 of 2014).

E4

Power pursuant to section exercised (20.08.2014) by Merchant Shipping (Maritime Labour Convention) (Shipowners' Liabilities and Repatriation) Regulations 2014 (S.I. No. 375 of 2014).

E5

Power pursuant to section exercised (20.08.2014) by Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships Cooks) Regulations 2014 (S.I. No. 374 of 2014).

E6

Power pursuant to section exercised (20.08.2014) by Merchant Shipping (Maritime Labour Convention) (Seafarer Employment Agreement and Wages) Regulations 2014 (S.I. No. 373 of 2014).

E7

Power pursuant to section exercised (4.07.2014) by Merchant Shipping (Medical Examinations) Regulations 2014 (S.I. No. 246 of 2014).

E8

Power pursuant to section exercised (4.06.2014) by Merchant Shipping Act 2010 (Section 87) (Commencement) Order 2014 (S.I. No. 241 of 2014).

2. The 4th day of July 2014 is appointed as the day on which section 87 of the Merchant Shipping Act 2010 (No. 14 of 2010) comes into operation.