Seafarers’ Wages Act 2023
Official Summary
A Bill to make provision in relation to the remuneration of seafarers who do not qualify for the national minimum wage
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Overview
This bill aims to ensure that seafarers working on ships providing services between the UK and other countries receive wages equivalent to the UK national minimum wage, even if they don't qualify for it under existing laws. It achieves this through declarations from service operators and the imposition of surcharges for non-compliance.
Description
The Seafarers' Wages Bill applies to services carrying goods or people between the UK and other countries (excluding leisure and fishing services). It defines "non-qualifying seafarers" as those who wouldn't receive the national minimum wage due to not working ordinarily in the UK.
Equivalence Declarations
Harbour authorities with significant ship traffic must request "equivalence declarations" from service operators. These declarations state whether seafarers will be paid at least the national minimum wage equivalent, as determined by regulations. Operators face penalties for late or inaccurate declarations.
Surcharges
Failure to provide declarations on time or operating inconsistently with declared wages results in surcharges imposed by the harbour authority per ship entry. These surcharges are determined by a tariff set and published by the harbour authority, subject to Secretary of State approval and objection processes. Harbour authorities may retain surcharges for harbour functions or seafarer welfare.
Inspections and Enforcement
The Secretary of State can appoint inspectors to board ships and premises to verify declarations and information. Obstruction of inspectors or providing false information are offenses. Harbour access may be denied to ships whose operators haven't paid surcharges.
Objections and Appeals
Interested parties can object to surcharges or the surcharge tariff to the Secretary of State. The Secretary of State will review objections and representations, publishing their decision online and potentially directing refunds or revisions.
Government Spending
The bill doesn't directly specify government spending increases. However, administrative costs associated with enforcement, inspections, and the Secretary of State's oversight will likely increase government spending. The exact figures aren't available in the provided text.
Groups Affected
- Seafarers: Potentially benefits non-qualifying seafarers by ensuring minimum wage equivalence.
- Ship Operators: Affected by declaration requirements, surcharges for non-compliance, and potential inspections.
- Harbour Authorities: Responsible for requesting declarations, imposing surcharges, and potentially facing penalties for non-compliance.
- Secretary of State: Oversees the process, sets regulations, handles objections, and has enforcement responsibilities.
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