Seafarers’ Wages Bill [Lords]

Debate between Grahame Morris and John Hayes

Tuesday 7th February 2023 Commons Chamber

[Grahame Morris]

I rise to support the amendments in the names of my hon. Friends the Members for Sheffield, Heeley (Louise Haigh) and for Wythenshawe and Sale East (Mike Kane), in particular new clause 2, which seeks to put the seafarers charter on the face of the Bill; amendment 24 to clause 3, which seeks to reduce the threshold to 52 calls to a UK port; and Opposition amendment 40 to clause 4, which seeks to protect existing seafaring national minimum wage entitlements beyond a 12-mile limit on the UK continental shelf. I am concerned about unintended consequences driving down seafarers’ wages, given that our purpose is to drive them up and protect terms and conditions. I would also like to speak to amendment 41, which proposes making clause 16 subject to the affirmative procedure.

I declare my interest as a member and, indeed, vice-chair of the RMT parliamentary group. I want to give the Minister credit. The Government have moved in several areas of concern that were highlighted on Second Reading, in the other place and in Committee. When the Bill was first published, the trade unions representing both ratings and officers, who were attacked by P&O Ferries and DP World, identified a number of the issues that we have raised, including the level of fines for non-compliance and the use of surcharge revenue to fund seafarer welfare facilities onshore. I am glad that the Minister has acknowledged those concerns and acted on them.

The purpose of the amendments tabled by His Majesty’s Opposition and my friends from the SNP, the hon. Members for Paisley and Renfrewshire North (Gavin Newlands) and for Glasgow East (David Linden), is to strengthen the Bill, not to undermine or devalue it. They aim to make sure that the Bill achieves its purpose.

Government amendment 15 creates a national tariff of surcharges set by the Government rather than tariffs set by individual harbour authorities. In Committee we identified a potential conflict of interest, so I am very pleased to say that the trade unions and the Opposition parties support the amendment.

As I have indicated, sadly the Bill does not go far enough in a number of key areas, including the detention of vessels in port as a punishment for non-compliance, and in the two areas that could cause maximum damage to P&O’s business model. Those two areas relate to the argument that a ship should be designated as within the scope of the Bill for 52 days rather than 120 days, and to the roster patterns, which are covered by the seafarers charter. That is addressed in the Opposition’s new clause 2.

I am thanking the Minister quite a lot, but I have to say that one of his letters to the Committee did not provide the further detail that we had asked for about the Department of Transport’s review of the Equality Act 2010, including the regulations to prevent nationality-based pay discrimination. The Minister is rolling his eyes because that is outside the scope of this Bill, but it was contained in the EU retained law Bill, so I think it is reasonable to seek clarification.

In the time I have, I want to speak in support of Labour’s amendments and, indeed, those tabled by my friends from the SNP, which I believe would greatly improve the Bill and ensure maximum protections for our seafarers. New clause 2 focuses on the seafarers welfare charter, and I hope that the Labour Front Benchers will put it to a vote. I know that the unions, employers and the Government have been discussing a number of versions of the charter since April as part of the much-publicised nine-point plan, which we very much welcome and which is included in the “Maritime 2050” review. It is intended to set minimum standards on wider employment issues that the Bill does not cover. Again, I must mention roster patterns, crewing levels, pension rights, training and taxation, because the additional savings that P&O in particular made were not just down to saving the cost of seafarers’ wages. Most of the financial benefits were from changed roster patterns, pensions and other savings.

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Grahame Morris]

I give way to the former Shipping Minister.

--- Later in debate ---

[Sir John Hayes]

I am very grateful to the hon. Gentleman for giving way. It is kind of him to mention the maritime growth study from 2015, which, as he says, called for a comprehensive reappraisal of the matters he describes. It seems to me that the fundamental point is that terms and conditions cannot be separated from wages. If we are going to make maritime careers attractive to people and build them such that they have the status they deserve, we really do have to include terms and conditions in our considerations.

[Grahame Morris]

That is absolutely spot on. As I have said, the improvements in the amendments and the new clause have the support of the official Opposition and our friends in the SNP, but I believe that our aims for the Bill also command the support of a number of Members of the Government party.

Given the importance of linking wages and terms and conditions, the nine-point plan and the seafarers charter really should be on the face of the Bill. The Minister has been quite consistent in disagreeing with that and instead aims to publish a voluntary seafarer welfare charter. I had rather hoped that it would have been published in advance of these remaining stages, including Third Reading, but perhaps it will be published later this month.

In a letter to the Committee, the Minister wrote:

“The Seafarers’ Charter is being developed with the maritime industry and social partners to enhance the core employment protections available to seafarers.”

For the avoidance of doubt, “social partners” means the trade unions. That is really interesting, and I welcome the fact that the Government have chosen to adopt the language of the European Union in referring to seafarers’ rights. Again, for the avoidance of any doubt, the maritime industry includes P&O Ferries, the Irish Continental Group, which operates Irish Ferries, and DP World. The Government must be honest about the discussions they have had and are having with P&O Ferries about its future viability. The Minister responded to an issue raised in Committee relating to P&O by writing:

“The Department works closely with ports and operators across the Maritime sector to understand the market and any potential sources of disruption. We have not however made any specific assessment of the viability of P&O Ferries’ routes to or from UK ports.”

The unions have not seen a draft of the charter since August, and neither to my knowledge has Stena Line or DFDS, whose collective bargaining agreements with the RMT and the officers’ union Nautilus formed the basis of the original framework agreement. Safe roster patterns and crewing levels based on the agreements with Stena and DFDS were prominent, but sadly have since been diluted or removed. That puts hundreds more UK seafarer jobs under threat from bad bosses who are ruthlessly undercutting responsible employees, and I include P&O and Irish Ferries in that. I urge the House not to forget that Irish Ferries started operating on the Dover-Calais route in June 2021 with one vessel doing a freight-only service. It now operates a freight and passenger service with three Cypriot-flagged vessels on the same route. That is the reality, and progressive operators that provide decent seafarer jobs are being undercut every day. It is so important that this Bill is properly targeted.

Seafarers' Wages Bill [ Lords ] (Second sitting)

Debate between Grahame Morris and John Hayes

Committee stage
Tuesday 17th January 2023 Public Bill Committees

[Sir John Hayes]

I rise briefly to address new clause 5, which has much to recommend it. The hon. Gentleman was right to talk about a seafarers’ charter, which has been long called for. He was right to recognise the need for engagement with the trade unions. When I was the Minister, I had a positive dialogue with the RMT maritime section, as my former shadow Minister, the hon. Member for Kingston upon Hull East, will know. It is also right, as I said earlier, that we understand that pay should be seen in a broader context, as the new clause recommends. I called earlier for a strategy that looked at the whole maritime sector, pertinent to the matters we have been discussing today, which would identify common concerns across ports, business services, manufacturing, engineering, science and all the other ancillary industries linked to maritime.

It seems critical to recognise that seafarers are particularly vulnerable to exploitation because of the peripatetic nature of their employment. Where people take advantage of that vulnerability, we need to act. We have moved on from the dark days when economic liberalism prevailed and we thought the free market would solve everything—at least I hope we have. This country has a proud maritime past. One thinks of great seafarers such as Drake, Captain Cook and Lord Nelson, who are heroes, whatever the liberal bourgeoisie, with their doubt-filled, guilt-ridden preoccupations, may think. We can have a maritime future that is just as great, but that must be built on the right terms and conditions, pay and circumstances for our seafarers.

My only reservation about the new clause, which is why despite teasingly suggesting that I might support it, I will not, is that it does not actually go far enough. I would want to do still more. The Government are to be commended for introducing the legislation, and my hon. Friend the Member for Dover in particular is to be commended for championing the interests of seafarers on the back of the awful events that have been reflected on today, when P&O behaved so disgracefully. I say to the Minister let this be the beginning of new thinking about how we can revitalise the maritime sector by doing right by the people who work in it.

[Grahame Morris]

I am grateful for the opportunity to speak on the new clauses.

New clause 7 is in my name and that of my hon. Friends the Members for Glasgow East and for Paisley and Renfrewshire North. We are using the F-word, aren’t we: fire and rehire. In the context of this new clause and new clause 5, I remind Members of the awful circumstances of the sacking of the seafarers on the P&O Ferries. The Minister has brushed aside all attempts by the Opposition to amend the Bill and address concerns about the number of days in port. That means that the Bill’s scope is incredibly narrow. I am afraid that many seafarers who might have anticipated being afforded a degree of protection will be terribly disappointed. Given the powers we have conferred on the Secretary of State, I think it is completely reasonable to suggest that the Government should produce a report within a year of Royal Assent to assess whether they have been effective. Indeed, the Minister and his predecessors have suggested that if those powers are not effective, further measures would be introduced to ensure that seafarers are protected from unscrupulous rogue employers.

New clause 5 relates to important issues that the Government need to address, not least the fact that the 2018 regulations were breached by P&O Ferries. When Peter Hebblethwaite, the chief executive of P&O Ferries, addressed a joint session of the Transport Committee and the Business, Energy and Industrial Strategy Committee—the hon. Member for Paisley and Renfrewshire North and I are members of the Transport Committee—he was quite open about the three areas of law that he had breached. In fact, he was quite boastful, which was shaming in my opinion. I believe that the 2018 regulations, which P&O Ferries breached, are up for revocation under the Retained EU Law (Revocation and Reform) Bill. I understand, however, that an agreement was reached to retain a number of labour protections in UK law, so I am looking to the Minister for some reassurance on that. If that is the case, I hope that appropriate action will be taken to keep those protections in place for those who Members on both sides of Committee acknowledge to be an extremely vulnerable employment group because of the nature of their work.

Before we lose sight of it, the whole purpose of the Bill is to protect pay, working hours, pensions and other remunerated conditions of seafarer employment on ferries. We rehearsed many of the arguments on Second Reading, and it is the belief of many on the Opposition Benches that the Bill’s scope needs to be widened to more effectively cover employment issues, as well as minimum pay, for seafarers working on those ferry routes.

I am rather disappointed about the seafarers’ charter. I know that it has had a number of iterations; we have at least two former Shipping Ministers on the Committee: the right hon. Member for South Holland and The Deepings and the hon. Member for Witney. I think it started off as the—this is a bit of a tongue-twister—fair ferries framework agreement. It was then the fair ferries charter and then the seafarers’ charter. But it still has not been published, as far as I am aware, and it is only voluntary. If it were in the Bill and we could have some confidence that employers would have to implement it, we would have major reassurance.

Seafarers' Wages Bill [ Lords ] (First sitting)

Debate between Grahame Morris and John Hayes

Committee stage
Tuesday 17th January 2023 Public Bill Committees

[Grahame Morris]

Thank you, Mr Davies. It is a pleasure to serve under your chairmanship.

I welcome the fact that the Government have introduced some measures to address the appalling injustice experienced by the P&O seafarers, 800 of whom were summarily sacked by Zoom on 17 March in the most appalling fashion. However, I cannot help reflecting on the fact that this is something of a missed opportunity. I understand that the terms of the Bill are, by their very nature, narrow. Nevertheless, it is complicated legislation and it does throw up a number of anomalies, which I hope the Government will recognise and address during Committee or perhaps at Third Reading. Given the overall situation that we face with the reduction in the number of UK-based seafarers, this is a golden opportunity.

Two former Shipping Ministers are members of the Committee. With the right hon. Member for South Holland and The Deepings, we have had previously a discussion about the opportunities, given the huge public investment in offshore wind and offshore renewables more generally as part of the zero-carbon strategy, to provide employment opportunities, particularly in coastal towns such as mine. Sadly, that opportunity has been missed.

[Sir John Hayes (South Holland and The Deepings) (Con)]

As the hon. Gentleman has cited me, I ought to be driven to action, so let me say this. He will remember that, as Minister, I commissioned the “Maritime Growth Study”, and part of that study was a consideration of exactly the matters that he is describing. We need to recruit, to skill and to retain more UK seafarers. That is something that, frankly, most Governments, of all persuasions, have neglected over a long time, so the problem is deeply rooted. We have allowed the erosion of our merchant navy for a considerable time, so I entirely endorse what the hon. Gentleman has said. Skills matter, people matter, and jobs matter.

[Grahame Morris]

I thank the right hon. Gentleman for that intervention. I agree with his comments. My wish, and indeed that of the maritime trade unions—RMT and Nautilus International—is that the seafarers’ charter and the Government’s nine-point plan embodied in the maritime 2050 strategy be placed on the face of the Bill. That would address many of their concerns, which were echoed by the right hon. Gentleman.

I respectfully point out that the noble Lord Hendy raised the issue of the lack of minimum wage protection for crew working in the offshore wind and offshore renewable energy supply chain beyond the limits of the UK’s territorial waters. At present, crews working on servicing offshore oil and gas across the UK continental shelf are entitled to protection under the national minimum wage legislation that this Bill relates to. However, crew who sometimes work on the same ships but service the offshore wind turbines in the UK exclusive economic zone are not entitled to that protection. That would seem unfair to any impartial observer and is leading to serious cases of exploitation. It is a glaring anomaly that the Bill should address.

We also have the exclusion of UK seafarers from the growing labour market, which is directly linked to the UK economy. These jobs would not exist but for a huge investment from the UK Government and the UK taxpayer. It is quite a travesty that we are not providing the protections that would ensure those jobs go to UK-based seafarers. I would like that to be addressed. That is the purpose of amendment 67.

Bereavement

Debate between Grahame Morris and John Hayes

Wednesday 3rd February 2021 Commons Chamber

[Grahame Morris]

I completely agree with that, and I want to develop those arguments.

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Grahame Morris]

I am willing to take one more intervention, but I want the Minister to have time to respond. I give way to the right hon. Gentleman.

[Sir John Hayes]

I wanted the hon. Gentleman to get all his interventions in at once, so his flow can continue. He will know that I am chairman of the all-party parliamentary group for funerals and bereavement. I wonder if he could add to his list of demands for the Minister the provision of vaccinations and personal protective equipment for frontline funeral staff, and a clearer line about the policing of funerals. There are some suggestions that funeral directors are being held liable for enforcing sensible rules on funerals. We need greater clarity on that, too, and I am very grateful to him for giving me the opportunity to make those points.

[Grahame Morris]

As always, the right hon. Gentleman makes eminently sensible points born out of his experience with the all-party group. The three suggestions or demands that I have put forward are those that are identified by the three charities I mentioned earlier, but certainly personally I do agree with him on vaccination, funeral arrangements and so on.

I would like to ask the Minister to look at the issue of cross-governmental co-ordination and improved focus on these issues. I understand that the hon. Member for Mid Bedfordshire (Ms Dorries) is often identified as the Minister for bereavement. I am delighted that we have the hon. Member for Sutton and Cheam (Paul Scully) as the Minister today, but we certainly need a clear ministerial lead on bereavement to ensure there is proper co-ordination on the issues raised by the right hon. Member for South Holland and The Deepings (Sir John Hayes) and others. Otherwise, bereaved families will continue to slip through the net and be passed from pillar to post, which is distressing and frustrating.

A bereavement standard would benefit business and the bereaved by providing a clear, concise and consistent process to close accounts when a loved one dies. A bereavement standard would establish, first, an agreed timeframe for companies to respond to bereavement enquiries and settle outstanding customer balances. Members will be aware that the existing arrangements, the Tell Us Once service to which the hon. Member for North East Fife (Wendy Chamberlain) referred, applies only to the public sector, and not to private companies, utilities and banks. Secondly, a bereavement standard would establish a dedicated bereavement customer care direct email channel for each company to handle such cases and avoid customers waiting on calls. Thirdly, it would establish the standardisation of paperwork needed to close an account, with a view to accepting—this is a really important point in the age we live in—digital documents wherever possible.

I anticipate that the Minister will, in his reply, refer to the excellent bereavement standard that already exists in the public sector. The Tell Us Once service is working well, ensuring that bereaved people do not have to go through the trauma of telling every single Government Department that they have lost a loved one, but we need exactly the same in the private sector to cover banks, utilities, insurance companies and more: a standard process across all organisations and companies, with specifically trained staff dealing with bereavement and an agreed timescale to close accounts and resolve issues. There is nothing more distressing than when such inquiries drag on for months and months.

At one of the most challenging times in life, I hope we all agree—this is a cross-party issue; I am not seeking to make a party political point here—that families should not have to spend hours going back and forth with companies, waiting months to close an account. Research from Settld and Cruse Bereavement Care shows that the vast majority of bereaved people described the administration processes as time-consuming and stressful. A quarter found it traumatic, especially having to phone so many individual companies and repeat time and again, “My husband/wife/father/mother has died.”

The single most important action the Government can take to support families would be to introduce a digital death certificate. This would enable families to close accounts quickly, initiate probate and engage specialist services such as Settld to deal with the administration following a death. When asked to introduce digital death certificates, in a written response, a Home Office Minister responded:

“There is currently no provision in law to issue a death certificate other than in a paper format.”