Seafarers’ Wages Bill [Lords]

Luke Pollard Excerpts

Monday 19th December 2022 Commons Chamber

[Mr Harper]

We think the definition in the Bill at the moment will capture the vast majority of the services we wish to capture. We think that defining that in the way that we have makes it more difficult for people to avoid than it would be if we were very specific about types of vessels, for example. I am conscious that a number of people wish to speak in this debate, so I will make a bit of progress before taking any further interventions.

We said from the start that where new laws were needed, we would create them, that where legal loopholes—which the hon. Gentleman referred to—were cynically exploited, we would close them, and that we would strengthen employment rights. That is why the Bill is important. Operators of regular services to the UK will be required to pay their crew a decent wage if they want to access our ports, and it will remove the incentive for other, unprincipled firms to drag down pay for seafarers with close ties to the UK.

Under the existing national minimum wage legislation, not all seafarers who regularly call at UK ports are currently entitled to the UK national minimum wage. It cannot be right that seafarers who frequently work in the UK and in our territorial waters are not entitled to the same as other workers simply because they work on an international, rather than a domestic, service. The Bill will fix that particular issue. I recognise that there are other issues that people wish to deal with, but the Bill deals with that. It does not amend the National Minimum Wage Act 1998, but it makes provision for seafarers on services in scope of the Bill to be paid at least a rate equivalent to the national minimum wage.

Since March, we have consulted extensively with the industry to make sure the measures we are discussing are workable. Those discussions have been productive and are continuing. As was just alluded to, the legislation will apply to international passenger or freight services that call at UK ports on at least 120 occasions in a year, which equates to 72 hours on average. Harbour authorities will be empowered to request declarations from operators of services to confirm that they pay their seafarers no less a rate than that equivalent to the national minimum wage. If they do not provide that declaration when requested, harbour authorities will have the power to impose a surcharge, or may be directed by the Secretary of State to do so. It will not be a profit-making exercise for harbour authorities. They may only use the money raised from the surcharge for the discharge of their functions or for provision of shore-based seafarer welfare facilities.

We hope the surcharge is never required. The point of it is to be a disincentive to operators paying low wages. It will be set at such a rate that it does not make financial sense for operators to underpay staff. If they do not pay the surcharge when it is levied, harbour authorities will be empowered to deny access to the port. That will not be an onerous responsibility for harbour authorities; beyond accepting the declarations, they will not be responsible for checking the details of seafarers’ pay. The enforcement role will be carried out by the Maritime and Coastguard Agency, which will undertake inspections and investigations and, if necessary, prosecute offending operators.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I am curious about denying access to ports. What consideration has the Secretary of State given to granting powers to detain a ship in port? Denying an operator access to a port may simply mean that it moves to a different port of the United Kingdom; detaining a ship would mean much greater risk for the operator, which will surely mean greater compliance.

[Mr Harper]

We judge that the risk of operators moving to or operating out of a different port is relatively small. The routes on which they operate are the profitable ones, so ceasing to operate on them would not make business sense. We think that denying access to a port is a proportionate response to the problem, so we have settled on that measure as the appropriate solution.

We will draw up regulations and guidance setting out further details of how the legislation will work. They will be subject to consultation to ensure that our measures are practical and effective and that people cannot avoid them. Feedback from the industry has been crucial throughout the process. Ferry operators told us that inclusions or exclusions based on type of service would create market distortion and ambiguity, so the only specific exclusion in the Bill is for

“a service that is for the purpose of leisure or recreation, or…a service provided by a fishing vessel.”

--- Later in debate ---

[Mr Harper]

The hon. Gentleman makes a very good point that illustrates why I will have legal powers to enforce whether a port levies the surcharge: to deal with any issues where there is a conflict. He makes a perfectly fair point, and we have thought about how to deal with it.

Our analysis shows that the arrangement that we have set out will capture the vast majority of ferries to the UK, but without including services such as deep-sea container services or cruises. Those services will remain out of the Bill’s scope, because they do not call at UK ports frequently enough that the seafarers working on board could be said to have sufficiently close ties to the UK.

We will continue to engage with industry throughout the passage of the Bill. We intend to consult on regulations and supporting guidance, which will include setting the framework within which harbour authorities will set their tariffs for surcharges and the method of calculating the national minimum wage equivalent rate.

It is important to remember that the Bill is just one part of a wider plan to protect seafarers’ welfare. It will not solve all the issues brought to light by P&O Ferries’ actions, but it is an important step. That is why we continue to discuss seafarer protections and welfare with a range of close European partners, including discussions about the creation of minimum wage equivalent corridors to encourage the payment of fair wages on entire routes. To continue to improve the protection of working conditions for seafarers, we are developing the voluntary seafarers’ charter.

[Luke Pollard]

There has been a race to the bottom, with P&O Ferries creating a toxic culture, but not all ferry companies are doing the same. Brittany Ferries operates out of Plymouth; it provides a significant lifeline route between Plymouth, Roscoff and Santander that is vital for our exports of agriculture and fisheries products. Does the Secretary of State agree that it is not about P&O Ferries alone? There are examples of good practice among UK ferry operators; it could well be improved, but it is good practice. The race to the bottom that P&O Ferries started is not one in which all UK and French ferry operators want to participate.

[Mr Harper]

The hon. Gentleman raises a very good point. The point of the Bill and the nine-point plan is to ensure that ferry operators that want to operate in a responsible way are not forced out of business or forced to drop their standards by unscrupulous operators. He also makes the point that services to Plymouth are incredibly important; speaking as a south-west Member of Parliament myself, I want to make sure that they can continue.

--- Later in debate ---

[Iain Stewart (Milton Keynes South) (Con)]

It is a great pleasure to make a short contribution to the debate on this important Bill, as Chair of the Transport Committee. I welcome the Bill, although I appreciate that it is not the full solution to the issues that were uncovered by the disgraceful behaviour of P&O earlier this year. Following that incident, the Transport Committee and the Business, Energy and Industrial Strategy Committee held a joint evidence session, and produced a number of recommendations.

One of those key recommendations was that the omission of seafarers from the extension of the national minimum wage, which happened in 2019-20, should be removed, so that the national minimum wage applies to seafarers on journeys to and from the UK. I am pleased that this Bill delivers on that recommendation, but it is not the whole solution to the problems. I welcome further progress on the nine-point plan that the Secretary of State has outlined today.

I have a number of questions on the practicalities of implementing this Bill, which perhaps the Minister could address in his response. I appreciate that some are quite technical, so if he would prefer to write or address them in the Bill Committee, that would be helpful. The first is to pick up the point raised by my hon. Friend the Member for Hendon (Dr Offord). International maritime law is very complex. I would like to probe to ensure that nothing in the Bill will inadvertently cut across provisions in international legislation. I am not a lawyer—I freely admit that. I have done a quick scan of the relevant law and I do not think that the Bill has unintended consequences, but one of the duties of Parliament is to prevent that. If the Minister could give me some reassurance, that would be welcome.

The second point picks up on what the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) raised on port hopping. Are harbour authorities the best body to enforce breaches of the law? I am reassured by what the Secretary of State said in response to the hon. Gentleman, but I would like to probe a little further. Would the Maritime and Coastguard Agency be a better body to enforce breaches of the provisions of the Bill to prevent the port hopping risk? I do not think it is a serious risk but it is worth exploring further to have a comprehensive settlement.

[Luke Pollard]

I thank the hon. Gentleman for mentioning my intervention. The concern of Opposition colleagues is in relation to when the ferry operator has a commercial stake in the harbour authority. I wonder whether there should be an automatic pass-through where there is a commercial link, so that powers automatically go to the Government and there can be no suggestion of any conflict of interest in the regulation of those fines and surcharges?

[Iain Stewart]

That is a fair question. I was reassured by the Secretary of State’s answer that the Government have thought about that. That is why the Secretary of State has the power to intervene when he thinks that the harbour authority has a conflict of interest. I am sure that it will be explored further in Committee. I was satisfied on that point; my concern was with regard to a vessel that might skip around different ports or adjust the timetable, as was mentioned, to get around that. I am not saying that the MCA is the most appropriate body, but I would like to check that.

The third point I want to raise is on the minimum wage corridor that the Secretary of State mentioned. The joint Select Committee session flagged this up. Work is ongoing with a number of European countries to try to establish those, but an update on how those discussions are going would be welcome. This is a good Bill and I welcome it. It is not the full solution but is a very welcome step forward.

Finally, if you would indulge me a minute, Madam Deputy Speaker, this is probably the last time I will speak in the Chamber this year. May I add my good wishes to all the staff of the House for Christmas and the new year? I particularly thank the Clerk of the Transport Committee and her staff who have made me so welcome as the new Chair and have been very helpful steering me in the right direction.