Consultation outcome

Public consultation outcome report on extending eligibility for a British Seaman's Card to those working on fishing vessels

Updated 6 March 2023

Public consultation on extending eligibility for a British Seaman’s Card to those working on fishing vessels

The public consultation exercise, which ran from 10 October to 28 November 2022, sought views on the proposal to amend the Merchant Shipping (Seamen’s Documents) Regulations so that fishermen would be eligible for a British Seaman’s Card.

Background

The International Labour Organization’s Convention No.108 on Seafarer Identity Documents (ILO 108) provides for internationally recognised seafarer identity documents (SIDs). Seafarers have certain rights in relation to transit of third countries to join and leave ships and are also entitled to shore leave and access to medical care ashore. A “Seafarer identity document”, known in the UK as a British Seaman’s Card, demonstrates that the holder is a bona fide seafarer and so enables them to exercise those rights.

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. However, the UK’s legislation makes work on a fishing vessel ineligible for issue of a British Seaman’s Card (BSC).

Since the UK left the European Union 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, were in many countries exempt from those restrictions. However, because fishers on UK vessels do not have British Seamen’s Cards, border control authorities in some countries could not give them access to join their fishing vessel or to go ashore for essential shopping and for their health and wellbeing.

The consultation exercise therefore asked for views on the proposal to amend UK legislation so that work on a fishing vessel would make the applicant eligible for issue of a British Seaman’s Card. The policy objective was to secure the right of fishers to free transit of third countries to join and leave ships and for the shore leave required for their wellbeing.

Public consultation responses

The MCA directly notified about fifty organisations of the consultation exercise, including fishing organisations, other commercial maritime organisations, seafarer unions, other government departments and agencies, charities and welfare organisations. Nine written responses were submitted to the public consultation from outside the MCA.

One response gave no view on the proposal, but all others were in support. These came from four fishing organisations, one seafarer union, one charity, the Law Society of Scotland and one trade association representing vessel owners outside the fishing sector. There was no response from other government organisations.

Summary of reasons given for supporting the proposal

Respondents recognised the need for both commercial and welfare reasons for fishers to have the same entitlements as others working at sea in respect of joining and leaving vessels and access ashore for supplies, medical care and recreation. The point was also made that the proposal would give fishers the same legal recognition as professional seafarers as those working in other sectors.

Summary of other comments

One respondent reflected on the harm to fishers’ wellbeing as a result of being treated differently and some commented on the costs in time and money borne by fishing vessel owners in working, not always successfully, to get their crews through border controls in order to join their fishing vessel to do their job.

One respondent commented that it should remain non-mandatory to apply for a British Seaman’s Card.

Responses to consultation questions

There were four consultation questions:

Do you agree that fishermen should be eligible for a British Seaman’s Card?

The eight responses which gave a view all supported extending eligibility for a British Seaman’s Card to those working on fishing vessels.

Why?

The reasons given were:

• The end of free movement within the EU area has affected UK fishing vessels. An internationally recognised document will facilitate movement of fishers who need to cross borders in the course of their work.
• Fishers should have the same rights as other seafarers.
• Similar expectation of professional recognition for fishers as other seafarers.

What will be the benefits for the fisherman and for their employer/the fishing vessel owner?

• Fewer border control issues when entering foreign ports.
• Enabling fishermen to demonstrate they are professional seafarers.
• Avoiding stress and harm to wellbeing for fishers.
• The costs incurred by owners and employers seeking to secure access for their crews would not arise if the fishermen had a British Seaman’s Card.
• Securing fishers’ right to shore leave and access for purchasing essential supplies or for medical care.

Do you foresee any adverse impacts?

• The cost of applying for a British Seaman’s Card might deter some fishermen from applying.

Next steps

Given the support from respondents for the proposal, the Maritime and Coastguard Agency will seek Government agreement to make the Regulations to extend eligibility for a British Seaman’s Card to those working on fishing vessels at the earliest opportunity.

The MCA will work with industry representatives to develop guidance for fishing vessel owners and supporting fishers wishing to apply for a British Seaman’s Card.

In the longer term, the UK continues to work towards ratification of an updated ILO Convention on Seafarer Identity Documents, No. 185.