Consultation outcome

Consultation Document: Medical Exemption – Existing Fishers on Vessels of 10 Metres and Under

Updated 27 March 2024

Section 1: Overview of this consultation

Aim

1.1. This consultation seeks your views on the Secretary of State potentially exercising the exemption power within Regulation 14 of The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 with respect to existing fishers working on vessels of 10 metres and under.

Views sought

1.2. Your views are sought in respect of the proposed exemption. An explanation of the areas for consideration can be found in Section 2 of this document.

1.3. A full list of consultation questions is contained in Section 5 of this consultation.

Deadline for responses

1.4. Responses are welcomed from 16 January to 27 February 2024.

1.5. Following the conclusion of this consultation and consideration of the feedback, a final decision with regard to publishing the exemption will be made.

Section 2: Areas for consideration

Background

2.1. The ILO 188 Work in Fishing Convention sets the basic standards of decent work in the fishing industry, the objective of this Convention is to ensure that all fishers, regardless of employment status, have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security.

2.2. As part of the UK’s implementation of the ILO 188 Work in Fishing Convention, following public consultation in 2017, the Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 introduced requirements for fishers to hold Medical Certification, as set out in regulations 4 to 10. This included a phased implementation which meant that the last category fishers on vessels under 24m (being at sea for less than 72 hours and not operating more than 200 miles from the coastline of the UK or beyond the Continental shelf) have had to comply with the Medical Certification requirements since 30 November 2023.

2.3. The Maritime and Coastguard Agency has conducted stakeholder engagement as part of a post implementation review of the 2018 Regulations, and the results are currently being analysed and a full the report will be published in Spring 2024. However there has been recognition of the particular impacts that the Medical Certification requirements are having on fishers working on the smallest vessels.

2.4. Regulation 14 allows for the Secretary of State to grant exemptions to the requirement to hold Medical Certification.  Before granting such exemptions the Secretary of State must consult such persons as representing persons engaged in the fishing industry as appear appropriate and take into account the safety and health of fishers, the size of the vessel, the availability of medical assistance and evacuation, the duration of the voyage, the area of operation and type of fishing operation.

2.5. A “Grandfather rights” provision exists whereby, for fishers who were working as fishers prior to the Regulations coming into force (i.e. prior to 30 November 2018) and who do not meet the requisite medial standards, Approved Doctors can consider whether they are safely able to continue working despite not meeting the medical standards. This provision did still require the fishers to go through the medical assessment.

2.6. Even with this “Grandfather rights” provision stakeholder feedback has raised the proportionality of the medical requirements for existing fishers. This is particularly relevant to the fleet of fishing vessels of 10 metres and under in length as the majority of these vessels predominantly work close to shore for less than 72 hours and are therefore closer to medical assistance and evacuation – meaning that any medical issues arising can be more easily addressed. In addition, the types of fishing operation undertaken from small vessels can be less physically demanding. 

2.7. Notwithstanding the medical standards, the skipper has a responsibility for the safety of crew on board the Vessel and the safe operation of the Vessel, and is therefore expected to “manage crew in a manner which respects safety and health” (section 6.2.3.2 of The Code of Practice for the Safety of Small Fishing Vessels) which could include making appropriate arrangements for those with significant known medical conditions.

2.8. Therefore the application of the medical standards to those that have already been working on these vessels is being reviewed, and the Secretary of State is considering providing an exemption under regulation 14 of The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 so that existing fishers working in fishing vessels of 10 metres and under (registered length as defined by the Fishing Vessels (Codes of Practice) Regulations 2017) in length are exempt from regulations 4 and 5.

2.9. For the purpose of this exemption, existing fishers will be those that were working on fishing vessels of 10 metres and under in length for 4 weeks or more during the period 30 November 2022 and 29 November 2023. This criteria means that fishers that are not currently working due to the entry into force of the Medical Certification requirements are able to access the exemption.

2.10. Fishers should be able to demonstrate they were working on a relevant fishing vessel via one of the following means; appropriately dated evidence of completion of SEAFISH Basic Health and Safety assessment, or Sea Service Testimonials e.g. from skippers/the fishing vessel owners/managers, or if you are the owner of the vessel, the registration document for the vessel including fishing vessel number, and your name on the document as the owner, or other relevant evidence.       

2.11. Existing Fishers meeting the above criteria that do not engage in fishing on fishing vessels of 10 metres and under in length for a period of 5 years will no longer be eligible for this exemption.

2.12. Regulation 14 requires that the exemption must be in writing and a Merchant Shipping Notice is considered an appropriate means to fulfil this requirement.

Section 3: Responding to this consultation

Consultees

3.1. Anyone may respond to this consultation and consideration will be given to all responses.  We are particularly interested to hear from fishers and operators of fishing vessels affected by the Regulations.

Duration

3.2. This consultation is open for 6 weeks from 16 January 2024. The deadline for responses is 27 February 2024.

Submitting your response

3.4. The preference is for consultation responses to be emailed to [email protected]. Any questions should also be sent to this email address. You can also send your response to: Maritime and Coastguard Agency, Spring Place, (Attention: Seafarer Safety and Health Team, Bay 2/17), 105 Commercial Road, Southampton SO15 1EG.

3.5. When responding, it would be very helpful if representative groups could give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

Freedom of Information

3.6. Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.7. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.8. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA.

3.9. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data Protection

3.10. The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation (in accordance with section 86(4) of the Merchant Shipping Act 1995). This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

3.11. The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.12. Details about how the MCA looks after personal data, your rights, how to complain, and how to contact our Data Protection Manager can be found on gov.uk at:

https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

3.13. Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept for up to five years, until a post-implementation review has been completed.

3.14. If you do not wish to remain on this list, please let us know at [email protected].

Section 4: Outline of plans beyond this consultation

4.1. Once this consultation closes, we will review all responses. In considering the responses we will apply appropriate weight to all relevant evidence, including those from organisations and individuals with specialist knowledge of the subject area.

4.2. Our aim is to publish an overview of the responses and the MCA’s comments after the end of the consultation, which will be made available on www.gov.uk on the same page as the consultation documents. To be notified of changes to this page, subscribe here free of charge.

Section 5: Response form

This can be found here

Section 6: Conduct of this consultation

6.1. This consultation has been conducted in accordance with the Cabinet Office Consultation Principles.

Consultation principles

6.2. The Cabinet Office Consultation Principles can be found at Consultation Principles 2018.

Feedback on conduct of consultation

6.3. If you have any comments regarding the conduct of this consultation, please contact the Consultation Co-ordinator at [email protected].

6.4. We are continually trying to improve the way in which we conduct consultations and appreciate your views.  We would be grateful if you could complete and return the attached feedback form.  These should be submitted to the Consultation Co-ordinator and are not affected by the deadline for this consultation.

6.5. If you require this consultation in an alternative format, please contact either the Consultation Co-ordinator or the named official conducting this consultation.