National Living Wage — House of Commons, 2016-04-18
Topic: Labor
Joanna Meriel Stevens (Labour, Centre-left): It is a pleasure to follow the hon. Member for Glasgow Central (Alison Thewliss). I pay tribute to my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) for securing this debate and to my right hon. Friend the Member for Enfield North (Joan Ryan) for standing in for her and opening the debate. I hope that my hon. Friend the Member for Mitcham and Morden makes a speedy recovery I shall focus my remarks on a specific group of workers—seafarers. These are the only group of workers who are excluded from the full protection of the national minimum wage legislation and equal pay legislation. Ships working in UK waters between UK ports and between UK and continental ports are crewed by staff on pay rates that are well below the national minimum wage. Increasingly, companies are recruiting outside the UK to crew their ships with non-UK seafarers, particularly ratings, in order to profit from sub-national minimum wage pay rates Allied to the rise of the flag of convenience vessels, these exploitative pay and employment practices are driving a decline in the number of UK seafarers. In the early 1980s, there were 28,000 officers and 30,000 ratings in the UK merchant navy, but by June last year, the total number of UK seafarers had dropped to 23,380—a fall of nearly 60%. The position for UK ratings, particularly deck and engine, has become exceptionally precarious, with 8,830 working at sea last year—a fall of over 25% since 2011 and over 70% in the last 30 years. Pay exploitation in the UK shipping sector is happening because non-EU seafarers are excluded from the full protection against nationality-based pay discrimination in the Equality Act 2010 Following years of campaigning by maritime unions, the last Labour Government commissioned an independent assessment of the impact of nationality-based pay differentials in the shipping industry, which was known as the Carter review. It concluded at the end of the parliamentary term in May 2010 that there would be no adverse impact on the shipping industry or jobs and recommended the outlawing of all nationality-based seafarer pay differentials The last coalition Government, however, rejected the Carter recommendation, but the Government were forced, under threat of infraction by the European Union, to protect European Economic Area seafarers from nationality-based pay discrimination. In recent months, maritime trade unions have contributed, with the Government and industry, to a working group on the effect of the existing protections in the Equality Act 2010, and it will report in the summer At present, passengers and businesses are travelling on vessels crewed by seafarers who are earning as little as £2.40 an hour. This legalised exploitation has systematically undermined maritime jobs in the UK, damaging the skills base and driving up unemployment rates in seafarer communities across the UK The RMT trade union estimates that prior to the introduction of the increase in the national minimum wage, over 8,300 seafarer ratings working on UK-flagged or other vessels qualifying for the tonnage tax are likely to be earning hourly rates of pay below the national minimum wage. It stands to reason, therefore, that the introduction of a higher statutory minimum wage will put more seafarers below that threshold and more employers in breach of the national minimum wage legislation. In its March 2016 report to the Government, the Low Pay Commission recommended that a stronger third-party complaints system be introduced for employers breaching the national minimum wage. That would be through the creation of a public protocol to govern HMRC’s investigation of third-party complaints. This would provide feedback to the complainant and could be a useful source of additional evidence on the rates of pay and contractual terms and conditions of employment for seafarers. The Low Pay Commission said: "We recommend that the Government establishes a formal public protocol for HMRC to handle third party whistleblowing on breaches of the NMW, which should include arrangements for giving all possible feedback to relevant third parties and appropriate continuing involvement in any resulting casework." I urge Ministers to accept that recommendation. A strengthened third-party complaints procedure represents the most effective way to tackle pay rates in the shipping industry that fall below the national minimum wage because of the understandable reluctance of the affected seafarers to complain directly to the UK Government.