Public policy highlights: July 2022

The Society’s policy committees analyse and respond to proposed changes in the law. Key areas from the last few weeks are highlighted below. For more information see the Society’s research and policy web pages.

Seafarers’ pay

The Society’s Marine Law and Employment Law Committees responded to a consultation from the UK Government proposing new legislation on wage protection for seafarers working on ships that regularly visit UK ports.

The response noted that this is a complex matter and suggested that careful consideration of the details as well as consultation with industry was needed, to minimise the risk of unintended consequences. The potential for conflict between the proposed approach and existing legislation controlling the responsibilities for flag states to control seafarer remuneration was highlighted, particularly responsibilities under the UN Convention on the Law of the Sea and Maritime Labour Convention 2006. It was also noted that the proposed ability to prevent vessels from accessing UK ports would need to be considered in light of the open port duty and any existing contractual arrangements which ports might have made with vessels and/or employers.

It was suggested that vessel type should not be the sole criterion for determining the vessels to be within scope of the provisions; the importance of clarity in the definition as to which vessels are included and excluded was highlighted.

The response further suggested that the Maritime & Coastguard Agency (“MCA”) would be best placed to enforce the proposed new regulations rather than statutory harbour authorities, though noted that it would be crucial for the MCA to be given the necessary resources and personnel.

National Care Service

The Public Policy Committee has established a working group to lead the Society’s engagement with the proposals for a National Care Service for Scotland. The group’s membership is drawn from across the membership of existing committees with an interest in the proposed reforms, reflecting the wideranging scope of the proposals. Its remit includes responding to relevant policy and legislative proposals, working with other committees as appropriate, and engaging with Scottish Government and other stakeholders. The group is currently considering the National Care Service Bill, which was introduced in the Scottish Parliament on 20 June.

Find out more about the Society’s Policy team’s work with its network of volunteers to influence the law and policy.