Key Facts

• Amendment 64 proposes setting a national tariff of surcharges.
• Amendments 53 and 54 aim to direct collected monies towards seafarer welfare facilities.
• The amendments seek to prevent harbour authorities from using the revenue as they see fit.
• Amendments aim to ensure effective enforcement of seafarers' wages legislation.
• A national tariff would be set to remove discretion from harbour authorities.
• The proposed surcharge is no less than 300% of the difference between compliant payments and actual underpayments.
• The proposed amendment sets a punitive surcharge at 300% of the national minimum wage deficit.
• Harbour authorities would have discretion over where proceeds from surcharges are directed without oversight.
• Amendment seeks to prevent misuse of objection procedures and ensure timely resolution.
• P&O Ferries is mentioned as an example of operators mistreating staff.
• Harbour authorities will set surcharge tariffs in accordance with regulations made under clause 7.
• Government amendment 18 provides for notification to the Secretary of State of the imposition of a surcharge.
• Amendments would remove harbour authorities' ability to spend moneys collected from surcharges on their functions, shifting responsibility to the Secretary of State.
• Amendment 24 changes 'may' to 'must' in clause 9.
• Government amendments 25 to 30 are introduced as consequential measures.
• New clause 6 allows detention of vessels by a person appointed by the Secretary of State if surcharges remain unpaid.
• Amendment 70 proposes detaining non-compliant vessels within UK harbours.
• New clause 6 aims to add exceptions for crew welfare issues related to vessel access.
• The Neptune declaration commits operators to accommodating crew changes during the pandemic.
• The Bill includes clause 9(3) which covers force majeure and overriding safety concerns.
• Clause 11(2) grants the Secretary of State power to direct harbour authorities on exercising their powers under this Act.
• Regulation 13 of the Merchant Shipping (Port State Control) Regulations 2011 addresses issues related to safety and crew welfare.
• Government amendment 31 removes the Secretary of State’s power to give statutory guidance to harbour authorities.
• Amendments 32 to 34 redefine circumstances in which directions may be given to harbour authorities by the Secretary of State.
• Harbour authorities will now have a duty rather than just a power, making them legally obligated to perform their roles.
• Amendments 59 and 60 seek to add a stakeholder consultation requirement before the Secretary of State can direct harbour authorities.
• Amendments 31, 32, 33, 34, and 36 have been made to clause 11, redefining the circumstances in which directions may be given and removing the power for the Secretary of State to give guidance to harbour authorities.
• The need to consult could significantly slow down time-sensitive processes involving welfare, national resilience, or importing medical supplies.
• Amendments 61 and 66 seek to change certain regulation-making powers from negative procedure to affirmative procedure.
• Regulations under clauses 3, 4, 7, and 9 are subject of these amendments.
• Richard Holden argues that switching to the affirmative procedure would slow down the implementation of the Bill.
• Clause 14 provides definitions for clarity and consistency.
• Amendment 41 removes the privilege amendment inserted by the Lords, a procedural matter.
• New Clause 1 introduces an offence for operating services inconsistently with declarations.
• New Clause 2 sets out circumstances for imposing surcharges when equivalence declarations are not provided on time.
• The new clause requires the Secretary of State to publish a report within one year after Royal Assent.
• The report must assess the impact of the Act on seafarers' remuneration.
• The report should also examine if there is evidence that seafarers have been dismissed and re-engaged on lower wages at or closer to the National Minimum Wage.
• P&O Ferries sacked 800 British workers without notice.
• An agency worker can be contracted at £4.75 an hour, expected to work up to 91 hours a week for 17 weeks.
• New clause 5 aims to end exploitative crewing and rostering practices.
• New clause 9 establishes fines and personal liability for failing to comply with the legislation.
• The Bill has been brought forward quickly within a few months.
• The first reports under the proposals would take up to six months.
• Seafarers employed by P&O Ferries have reportedly worked 17 weeks straight.
• The Dover to Calais route involves fast turnaround and intensive work, with dangerous harbour operations.
• The Seafarers’ Wages Bill aims to prevent wages from falling below national minimum wage equivalent.
• P&O Ferries admitted to breaking the law in front of a Select Committee.
• New clause 5 would report instances of fire and rehire practices affecting seafarers to Parliament.
• Fire and rehire is used disproportionately in the transport sector, with examples from British Airways, Menzies Aviation, and Go North West.
• The new clause does not go far enough according to the speaker.
• P&O Ferries breached three areas of law in their treatment of seafarers.
• The 2018 regulations are up for revocation under the Retained EU Law (Revocation and Reform) Bill.
• BEIS will be launching a consultation and code of practice on fire and rehire.
• A new seafarers’ charter will be launched as part of the nine-point plan, focusing on long-term employment and welfare conditions for seafarers.
• The Bill aims to address remuneration for seafarers who do not qualify for the national minimum wage.
• The Seafarers’ Wages Bill ensures seafarers receive pay equivalent to the UK national minimum wage.
• The Bill does not interfere with rights and obligations under international law, including UNCLOS (United Nations Convention on the Law of the Sea).
• Post-implementation review will be conducted five years after implementation.
• David Linden refers to the CEO of P&O, Peter Hebblethwaite, who was paid £325,000 annually before bonuses.
• In March last year, Hebblethwaite sacked 786 seafarers via a pre-recorded Zoom message.
• The UK coastguard repeatedly detained P&O Ferries’ ships due to crew training deficiencies after the sackings.
• The Government has set out a nine-point plan as part of the overall strategy to address issues related to seafarers' wages.
• New clause 9 would make directors personally criminally responsible, which the MP believes does not fit with existing minimum wage legislation and could confuse or conflict with current provisions.
• The Bill includes criminal and civil penalties for non-compliance with the minimum wage regime.
• The new clause would create criminal offences for company directors operating inconsistently with an equivalence declaration.
• There is a compliance mechanism that imposes surcharges on operators failing to pay at least the national minimum wage equivalent.
• The Insolvency Service is conducting a civil investigation assessing individuals’ fitness to be directors.