The UK government’s consultation seeks 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).
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.
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.
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.
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.
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.
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. It is proposed to amend the 1987 Regulations so that work on a fishing vessel makes the applicant eligible for issue of a BSC.