Consultation outcome

Consultation document - eligibility of fishermen for a British Seamen's Card

Updated 6 March 2023

1. Overview of this consultation

1.1 Aim

1.1.1 This consultation seeks your views on the proposal to amend the Merchant Shipping (Seamen’s Documents) Regulations so that fishermen will be eligible for a British Seaman’s Card (BSC).

1.2 Views sought

1.2.1 Your views are sought in the following areas:

• the need for this change

• the impact it will have

1.2.2 Consultation questions are contained in Section 5 of this consultation.

1.3 Deadline for responses

1.3.1 Responses are welcomed from 10 October to 28 November 2022.

2. Areas for consideration

2.1 Background

2.1.1 The UK has ratified ILO Convention No.108 on Seafarer Identity Documents (ILO 108), which provides for internationally recognised seafarer identity documents (SIDs) to facilitate seafarers transiting other countries to join and leave ships. ILO 108 is applicable to “every seafarer who is engaged in any capacity on board a vessel” and most countries have extended its application to fishers.

2.1.2 The Merchant Shipping (Seamen’s Documents) Regulations 1987 as amended (“the 1987 Regulations”) implement ILO 108 for the UK. The Regulations make work on a fishing vessel ineligible for issue of a British Seaman’s Card (BSC). It is not now clear why that decision was made.

2.1.3 Part I of the 1987 Regulations implement the International Labour Organization Convention on Seafarers’ Identity Documents, 1958 (No. 108). They permit the issue to British seafarers of a BSC which identifies them as a bona fide British seafarer. Seafarers have certain rights in relation to transit and repatriation through third countries and are also entitled to shore leave and access to medical care ashore.

2.1.4 To be eligible for a BSC, the seafarer must be a British citizen, British Dependent Territories citizen or British Overseas Territories citizen, a British protected person or a British subject and must be employed on a ship. However, employment on a fishing vessel does not qualify.

2.1.5 ILO 108 has been updated by ILO Convention 185 on Seafarer Identity Documents (amended). Initially the UK had reservations about the technical standards required for SIDs but the technical annexes to the Convention were amended in 2016 to the UK’s satisfaction to comply with ICAO 9303 standards. Subject to the necessary cross-Government clearances and a technical project to deliver SIDs to the appropriate standard, the MCA hopes to promote ratification of ILO 185. However, this will take around 2 years. An interim solution is therefore needed to support the fishing industry in the meantime.

2.1.6 Since the UK left the EU on 31 December 2020, free movement within the EU has ended. In addition, during the COVID-19 pandemic, many countries imposed border restrictions to prevent the spread of infection. Seafarers, as designated key workers, are in many countries exempt from those restrictions. Fishers on UK vessels do not have seafarer identity documentation to demonstrate that they are bona fide seafarers in accordance with ILO 108. Border control authorities in some countries are therefore refusing them access ashore for transit, for essential shopping and for their health and wellbeing.

2.1.7 In UK legislation authorising exemptions from travel restrictions for key workers, fishers are included as “seafarers”. While recognition as a seafarer in the UK for these purposes does not rely on possession of a BSC, other border control authorities require an internationally recognised document. Such a document can only be issued by government.

2.2 Proposed changes

2.2.1 The policy objective is to secure the right of fishers, as bona fide seafarers, to free transit of third countries to join and leave ships and for the shore leave required for their wellbeing. We therefore propose to amend the 1987 Regulations so that work on a fishing vessel makes the applicant eligible for issue of a BSC.

2.2.2 The problem has only become evident in the last 18 months, as fishers have found themselves treated differently at the border of EU member states from other seafarers. While diplomatic efforts have been made to engage with the relevant governments and agree access for fishers as “key workers”, this has had limited success and is at best a temporary solution as a change in policy in the host state could revoke any concessions agreed.

2.2.3 Only by issuing fishers with an internationally recognised seafarer identity document can the UK government ensure that they receive their entitlements in all countries under the Conventions. This requires amendment of the 1987 Regulations.

2.2.4 The BSC issued under the 1987 Regulations is compliant with ILO 108 which ensures that it is widely accepted internationally as a seafarer identity document. ILO 108 has been superseded by the ILO Convention on seafarer identity documents (Amended) – Convention no. 185. (ILO 185). This modernises the security standard of the document to be compliant with the ICAO 9303 standard (equivalent to the standard of a passport).

2.2.5 Thirty-eight countries have already ratified ILO 185 and thirty-six have adopted the 2016 amendments (introducing the ICAO 9303 standard) although a limited number of these so far are issuing ICAO 9303-compliant seafarer identity documents. Over time however, some countries may withdraw recognition of ILO 108-compliant SIDs, such as the UK BSC. The UK is therefore working towards implementation of ILO 185 and the replacements of the current BSC with a SID which meets the standards of ILO 185 and ICAO 9303. The current measure is an interim solution which can be brought in more quickly to assist the fishing industry.

2.2.6 The MCA conducted an early engagement exercise regarding the implementation of ILO 185 in 2019, and asked stakeholders, among other things, whether they considered that UK seafarer identity documents should be available to fishermen. Those that commented supported the principle. The proposed amendment of the Merchant Shipping (Seamen’s Documents) Regulations would bring forward the opportunity for fishermen to obtain a UK seafarer identity document under the existing Regulations, rather than waiting for the implementation of ILO 185.

2.3 Summary of options and recommendations

• Option 0: Do nothing

2.3.1 In this scenario, the government would not make changes to the eligibility for the BSC and not solve the issue via alternative routes, leaving some fishers unable to access their rights.

• Option 1: Non-regulatory solution by using diplomatic routes

2.3.2 Given the time required to revise legislation, diplomatic efforts have been made to engage with the relevant governments and agree access for fishers as “key workers”. This has had limited success and is at best a temporary solution as a change in policy in the host state could revoke any concessions agreed. It does not therefore achieve the policy objective and has not been further assessed.

• Option 2: To amend the 1987 Regulations to extend eligibility to fishers (preferred option)

2.3.3 We believe this could be achieved within one year, as it is not controversial and requires only a simple amendment to the SI. The priority for this measure has increased because the fishing industry has provided new information regarding the number of fishermen affected – explained in the supporting evidence. Option 2 is the preferred option because it achieves the policy objective in a reasonable timescale.

2.3.4 This proposed amendment provides fishermen with an entitlement to apply for a BSC and not a requirement, and we expect all fishers of larger vessel types (the type of vessels equipped for deep sea fishing) to apply for the BSC as the benefits will outweigh the costs for them. Many of the firms impacted are likely to be small or micro businesses. However, we do not expect a disproportionate burden to fall to them as they wouldn’t apply for the BSC if it wasn’t beneficial to do so

2.3.5 The costs would arise from familiarisation with the new requirements and the costs of applying for a BSC. The table below summarises the costs over a 10-year period from introduction of the proposed amended Regulations.

Table 1: Total costs (2023 prices, 2022 present value)

Application costs: fees	£108,868
Application costs: time (fishers)	£43,717
Application costs: time (businesses)	£2,798
Familiarisation costs (fishers)	£10,044
Familiarisation costs (businesses)	£3,574
Total costs	£169,001

2.3.6 The estimated net cost to business per year is £1,377.

2.4 Supporting Information

2.4.1 The Impact Assessment (a de minimis assessment, given that the scale of costs falls below the threshold of £5m for a full impact assessment) is included as Annex B of the consultation package.

2.4.2 The Merchant Shipping (Seaman’s Documents) Regulations in their current (unamended) form can be found here.

3. Responding to the consultation

3.1 Consultees

3.1.1 There are specific questions highlighted in section 5 of this document and information on how to respond to this consultation document. Anyone may respond to this consultation and consideration will be given to all responses. We will be particularly interested to hear from fishermen or fishing companies who have been adversely affected during the last 18 to 24 months as a result of fishermen not having a BSC.

3.2 Duration

3.2.1 This consultation is open for six weeks from 10 October 2022. The deadline for responses is 28 November 2022.

3.3 Submitting your response

3.3.1 The preference is for consultation responses to be emailed to workinfishing.convention@mcga.gov.uk. Any questions should also be sent to this email address. You can also send in your response by post.

3.3.2 When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

3.4 Freedom of information and data protection

3.4.1 Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.4.2 If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.4.3 In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/Maritime and Coastguard Agency (MCA).

3.4.4 The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

3.4.5 The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation. This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

3.4.6 The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.4.7 You can find details about how the MCA looks after personal data, your rights, how to complain, and how to contact our Data Protection Manager on the gov.uk web page, personal information charter.

3.4.8 The MCA will keep your information securely on its IT system for up to five years, until a post-implementation review has been completed.

3.4.9 If you do not wish to remain on this list, please let us know at workinfishing.convention@mcga.gov.uk

4. Outline of plans beyond the consultation

4.1 Plans

4.1.1 Once this consultation closes, we will review all responses. In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.1.2 We will be analysing the responses during December. Our aim is to publish an overview of the responses and the MCA’s comments by the end of January, which will be available on www.gov.uk along with the consultation.

4.1.3 Where appropriate the draft Regulations/Guidance, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.1.4 Our aim is for the amended Regulations to come into force around the end of March 2023. The Regulations will be published on www.legislation.gov.uk

4.1.5 Every effort will be made to publish the revised accompanying guidance on gov.uk in February 2023.

4.1.6 An overview timetable is below for reference:

• October/November 2022: consultation – 6-week consultation to seek views on proposals

• December 2022: analysis of responses – a review of responses from the consultation

• December/January 2023: post-consultation revisions – in light of the responses, amendments may be required

• January 2023: scrutiny of the proposed regulations, guidance and impact

• January 2023: publishing – an overview of consultation responses with comment and guidance to go with the proposed regulations will be published

• February/March 2023: laying and entry into force. Legislation laid in parliament and comes into force about 3 weeks later