Making a Mark Meet the new leader of the new Union 19
BGM special All the news from Nautilus UK’s last BGM i-viii
A call toheading Teaser arms 00 Should ships shoot back at the pirates? 25
Volume 42 | Number 06 | June 2009 | £2.85 €3.00
Nautilus goes international New Anglo-Dutch Union for maritime professionals is the first of its kind
F
History was made when a pioneering new transboundary union for maritime professionals was launched last month at the close of the Nautilus UK Biennial General Meeting. Nautilus International — which is based in the Netherlands and the UK — brings together a combined membership of more than 24,000 shipmasters, officers, ratings and a wide range of other personnel working in the maritime industry, at sea, on inland waterways, and ashore. The creation of the new union follows many years of increasingly closer cooperation between Nautilus NL and Nautilus UK, including joint industrial negotiations with companies employing British and Dutch members, and a united approach at European and international level on issues such as safety, training and piracy. Prominent labour movement figures have praised the decision to establish the first cross-border union of its kind. European TUC leader John Monks said Nautilus is ‘the first genuine international trade union in Europe — and that’s a major step in an era of globalisation’. TUC leader Brendan Barber said Nautilus was ‘redefining trade unionism’ and International Transport Workers’ Federation general secretary David Cockroft said the ‘historic’ move was seeing ‘two of the strongest ITF seafarer unions coming together to create a unique union structure which crosses national borders’. The first general secretary of Nautilus International is Mark Dickinson, who told members attending the Union’s conference that he is ‘immensely proud’ to be leading the new organisation. ‘We embarked on the course of unity out of a sincere and shared desire to build a better future for our members,’ he said, ‘and I am convinced that we will deliver that. For Nautilus UK and Nautilus NL, the move towards unity has been about maintain-
Nautilus International general secretary Mark Dickinson, centre, with assistant general secretaries Paul Moloney, left, and Marcel van den Broek, right Picture: Mark Pinder
ing our identity as unions representing maritime professionals rather than being swallowed at some point in the future by big general unions.’ Mr Dickinson said the crossborder union was a reflection of the increasingly international shipping industry. ‘Together, we are not just stronger, but also better equipped to represent our members in an industry that not only invented globalisation but demonstrates its very essence.’ Assistant general secretary Marcel van den Broek added: ‘Our two countries have many common bonds, and the new union has been born from our shared experiences, and our belief that we can make a real difference by sharing our future.’ The new union will have clear policy targets and strategic objectives, he said. ‘Top of the list, is rebuilding the seafarer skills
base in both countries because training is literally the key to the future. Training levels in the Netherlands and the UK over the past two decades have come nowhere near the numbers needed simply to stand still, and if countries like ours, with long maritime traditions and extensive maritime clusters, are serious about staying as world players, they have got to do more to turn training around.’ Nautilus International will also intensify its work to defend maritime safety, and secure effective national and international action to eradicate the dangers of seafarer fatigue, to improve the minimum safe manning rules and to protect seafarers from the threat of piracy and armed attacks on their ships. Other targets include the successful adoption and enforce-
ment of the ILO Maritime Labour Convention — the so-called ‘Bill of Rights for seafarers’ — and the global adoption of guidelines for the fair treatment of seafarers following maritime incidents. Nautilus International has also set a policy objective to increase membership in the inland navigation sector, tackling issues including social security, hours of work and training for seafarers working on inland waterways in mainland Europe. ‘Nautilus International will continue to campaign on these issues with renewed vigour and with the strength of our joint membership behind us,’ said Mr Dickinson. ‘Our most immediate challenge is the economic crisis, and we must make sure that the industry does not respond with short-term cuts that have longterm detrimental consequences.’
Master cleared in controversial deaths trial h
Nautilus has condemned the decision to prosecute the master of the offshore emergency response and rescue vessel Viking Islay. Following a two-week crown court trial, Captain Don Fryer was found not guilty of causing the deaths of three crew members in a chain locker onboard the Vroon Offshore vessel in September 2007. The seafarers died after collapsing in the oxygen-deficient atmosphere of the compartment and Capt Fryer had been charged with two counts of conduct endangering ships, structures or individuals under the Merchant Shipping Act 1995. If found guilty, Capt Fryer could have faced up to two years in prison. But his lawyers argued that he could not have reasonably foreseen they would have entered the enclosed space without telling him first and without adequately venting the space. Nautilus provided legal representation for the master — who has 50 years of seafaring experience — and general secretary Brian Orrell said he believed the decision to prosecute Capt Fryer had been wrong. ‘Our deepest sympathies go to the families of those who died in this tragic incident,’ Mr Orrell said. ‘However, the case should never have gone to court, and it is yet another alarming case of criminalisation of the maritime profession.
‘Don Fryer is an honourable and committed seafarer, with more than 50 years of maritime experience — including more than seven years commanding a vessel whose sole purpose is to save lives. ‘That he stood indicted not for an action that he did, but for the actions of others that could never have been reasonably foreseen, is appalling,’ Mr Orrell added. ‘Whilst there is a strong tradition of the master being held responsible for everything, this case raised serious questions about the adequacy of safety management systems and of the authorities that oversee them. ‘Like all masters, Capt Fryer was subject to his company’s safety management system — a system that was found seriously wanting in this case, as shown by the absence of oxygen monitoring equipment on his ship and others in the fleet. Where the regulator fails, the seafarer pays — either with their lives or their professional reputation.’ Capt Fryer told the Telegraph he was grateful for the Union’s backing during the case. ‘It has been a very stressful 19 months, knowing I was not guilty,’ he added. ‘If it hadn’t been for the Union, I don’t know what would have happened and to anyone not in the Union, I would say just look at what happened to me…’
aFull reports pages 22-23
Inside FExperts from across the industry have met to discuss the problems posed by the growing pressure to put ships into lay-up — page 20
FThe Marine Accident Investigation Branch has issued a new warning about complacency following a collision in the Channel — page 44
02 | telegraph | nautilusint.org | June 2009
NAUTILUS AT WORK
Welcome to the Charity honours Mariners’ Park new Telegraph resident for fundraising support and the new U union’s website
Ptilus International Telegraph.
Welcome to the new-look Nau-
The Union’s communications department has been working hard on a relaunch of the journal and the website to coincide with the creation of the new Union. You will see that the design and lay-out of the Telegraph has been refreshed, and the Dutch-language content has been expanded to reflect the membership of Nautilus International. The circulation of the Telegraph has now risen to more than 34,000 — making it the world’s biggest journal for maritime professionals — and the editorial team remains committed to bringing you high quality reports and features about seafaring and the shipping industry. Nautilus International’s new web portal aims to offer a similar service to the previous Nautilus UK website — but with a completely new look and feel, with easier navigation and faster access, placing the new portal light years ahead of its predecessor. Members who have joined the Union from Nautilus NL will be pleased to know that Nautilus International aims to eventually offer them a
similar service to UK members, such as maintaining their membership online. With the first phase of the website overhaul almost complete, the communications department is set to move to the next stage — which includes exciting developments such as social networking integration and the provision of other second-generation web content such as video, applications and blogs. ‘At present, the new website does offer interactive tools to members. Debate is a peer forum where members can interact with each other and discuss various maritime topics,’ said web editor, Matthew Louw. ‘However, to keep in line with current technologies and to keep members engaged with the maritime activities of the Union, we aim to continuously develop the website with new content.’ Future plans are to host a web survey, giving members the ability to express what they would like to see on the new website and how they aim to use the internet in their career.
gVisit the Union’s new website at: www.nautilusint.org
Irene Elton — chair of the charity Seafarers UK’s Mariners’ Park Committee for the last 11 years — has been selected for the charity’s President’s Award this year as a tribute to her long-term dedication. She is pictured right with her son David and Nautilus deputy general secretary Peter McEwen when she was presented with the award at a ceremony in London last month. ‘Her loyal contribution to fundraising efforts is noteworthy and it is for this reason that she has been nominated,’ said Seafarers UK, paying tribute to Irene’s work from her base at Nautilus’s welfare complex at Mariners’ Park in Wallasey, where she is a resident. The citation added: ‘She engenders a great deal of enthusiasm into her committee and with her leadership this small but active group continues to contribute significantly to the fundraising efforts of Seafarers UK. ‘Irene is reliable, cheerful and helpful at all times even in the face of adversity and is readily willing to assist in any way she can to ensure success of the committee’s fundraising activities.’ Irene told the Telegraph: ‘My family connections are with the Merchant and Royal Navy, through my late husband Michael, 43 years in the MN, and elder son Michael — he’s aboard HMS Ocean. ‘We have a loyal band of supporters in the Park,’ she added.
of the fundraising committee at Mariners’ Park Estate. This is not just for the money raised, but the increase in the standing of the charity. ‘In addition to the committee, led by Irene, she has assisted with the social life of all the residents at MPE by organising social events or
helping with those organised by the NUMAST Welfare Funds,’ he added. ‘Volunteers such as Irene and her committee are vital for the running of many charities, so she is to be congratulated for her work and on receiving the Presidents’ Award from Seafarers UK.’
Free the ‘Hebei Two’, Korea told Detained tanker officers could be released this month, IMO hears
Gary goes for goal... P
Nautilus industrial officer Gary Leech recently refereed a charity football match which raised more than £600 for a local charity. He is pictured above, second from right, after the game, with former England and Manchester United player Peter Davenport, former Manchester City and Tranmere Rovers goalkeeper Eric Nixon and former Tranmere Rovers player Chris Camden. ‘It was played in a very good spirit, and I didn’t have any trouble or have to send anyone off,’ Gary told the Telegraph.
‘Whenever we do any fundraising they’re all there, so that makes life easier. All in Mariners’ Park have connections with the sea in one way and another.’ Mr McEwen commented: ‘Irene Elton has made a major contribution to the work of Seafarers UK as chair
Renewed concern over the treatment of the ‘Hebei Two’ — Captain Jasprit Chawla and chief officer Syam Chetan — has been raised by unions, owners and managers after Korea moved to continue their long detention last month. Although the pair were cleared of blame for South Korea’s worst oil spill by the country’s Supreme Court, they were ordered to remain on bail in the country whilst the verdict is reviewed by a lower court. The decision is due by the middle of June and Korean diplomats hinted at the International Maritime Organisation last month that the men — who have already spent 18 months in detention since their tanker was struck by a drifting crane barge in December 2007 — could be released at last. The master and chief officer were originally found innocent of
all charges related to the oil spill at a district court on June 23 last year. But they were then found guilty after the prosecutors appealed, and were fined and given 18-month and eight month jail sentences. The men were considered a ‘flight risk’ and were ordered straight to prison in handcuffs. It had been hoped that the pair were going to be released following the successful appeal against their jail sentence for the criminal charge of vessel destruction. But the judge said the case needed to go back to the lower court to be dismissed there. The latest development sparked protests from the international ship managers’ association, Intermanager. ‘Enough is enough,’ said general secretary Guy Morel. ‘These two dedicated seafarers have been held for more than 500 days and should
be allowed home to their families.’ He said the industry should consider staging demonstrations and boycotts if their plight continues. V.Ships Shipmanagement chief executive Bob Bishop described the ruling as ‘a great disappointment to all those in the shipping industry who have been calling for the immediate release of the Hebei officers for months’. Delegates from the International Transport Workers’ Federation and the International Maritime Employers’ Committee issued a joint statement in support of Capt Chawla and chief officer Syam. It expressed dismay that the pair continued to face criminal charges even though their action at the time of the collision had been ‘exemplary’. It appealed to Korea to ‘consider the case in the right spirit and release these innocent offi-
cers and allow them to return home’. At the International Maritime Organisation’s maritime safety committee last month, India called for the Korean government to ensure that justice prevails. Members of the Asian Shipowners’ Forum have also protested at the ordeal of the Hebei Two and following their annual meeting in Taiwan last month they issued a statement expressing ‘deep concern’ at the treatment of seafarers following maritime accidents. The ASF said it ‘urges all governments to reconsider the harm they are doing both to the recruitment of future seafarers as well as to the reputation of their legal systems by politicising such incidents and by treating seafarers with little regard for their human rights and as being found guilty until proven innocent’.
June 2009 | nautilusint.org | telegraph | 03
NAUTILUS AT WORK
Nautilus warns IMO on security As piracy attacks continue to soar, Union meets IMO officials to highlight concerns over failure of the ISPS Code to protect seafarers and ships
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With more vessels attacked off Somalia in the first four and a half months of 2009 than in the whole of the previous year, Nautilus has gone to the International Maritime Organisation to press the case for improvements to the security rules for shipping. Figures released by the International Maritime Bureau last month showed that 114 pirate attacks had been reported in the Gulf of Aden and off the east coast of Somalia in the period up to mid-May, compared with 111 for the whole of 2008. There has been one positive development — a reduction in the rate of hijackings, with a total of 42 ships hijacked last year compared with 29 successful hijackings so far this year. A total of 478 seafarers were taken hostage in the first four and a half months of 2009, compared with 815 for the whole of 2008. The IMB said there has been a ‘surge’ in activity off the east coast of Somalia — with 43 attacks so far, against 19 in the whole of last year. There has also been an increase in the number of vessels being fired upon — from 39 during 2008 to 54 in the period to mid-May 2009. IMB director Pottengal
Nautilus officials Mark Dickinson and Allan Graveson, with Koji Sekimizu, director of the IMO’s safety division
Mukundan commented: ‘The reduction in successful hijackings can be partly attributed to the presence of international navies in the region. ‘The level of attempted attacks, however, shows that the pirate gangs have not been perturbed by this presence and, if anything, have stepped up operations in order to secure a higher success rate. ‘The number of cases in which shots were fired could indicate an increased willingness on the part of the pirates to use aggression to
meet their ends,’ he added. Nautilus has warned the IMO that the continued high rate of attacks on merchant shipping calls into question the effectiveness of the International Ship & Port facilities Security Code. In a meeting with IMO maritime safety chiefs last month, the Union said it was concerned that the ISPS Code does not appear to have had any success in tackling the threat of armed attacks on merchant ships. Assistant general secretary Mark Dickinson said the Code
had placed many additional responsibilities on seafarers and had also been used to curtail their rights to shore leave. It had also failed to promote two-way communications between ships and shore on security issues, he argued. The Union presented the IMO with results of research conducted among British and Dutch members showing concerns about the lack of support and resources for shipboard security officers. Mr Dickinson said there is a strong case for making the carriage of security equipment a mandatory requirement, and for seafarers to be given improved training and better post-incident support. IMO officials assured the Union that the concerns are being addressed, with new guidance being developed to improve the Code. And in address to the opening session of the IMO’s maritime safety committee meeting last month, secretary-general Efthimios Mitropoulos asked delegates to consider whether the escorts and patrols in the Gulf of Aden are working effectively and what else could be done to improve the protection for shipping.
Union’s stars on Sunday A
Who said there were no more heroes anymore? The sixstrong Nautilus team that ran in the Flora London Marathon on Sunday 26 April all completed the gruelling 26.2 mile circuit. ‘We’ve raised nearly £11,000 so far, and more’s coming in all the time,’ said general secretary Mark Dickinson. That is almost £2,000 more than the target the team, raising funds for the charity Seafarers UK, set themselves. The team comprised Mark, finance manager Olu Tunde, head of HR and administration Mike Jess, industrial officer Garry Elliot, care home activities manager at Mariners’ Park Audrey Stocker and consultant IT manager Roger Garside. Mark, who ran in tandem with finance manager Olu Tunde, added: ‘I don’t know what was worse — the hailstorm in 2008 or the heat in 2009 —but on balance I think I ran a better race this time and without having done the necessary training.’ Olu Tunde commented: ‘The sunny weather was good for spectators but bad news for runners. The pain kicked in big time at mile 20, and it was hard work doing the re-
shortreports RIB WARNING: the Marine Accident Investigation Branch has called for a code of practice to be developed to improve the safety of rigid inflatable boats being used for ‘thrill rides’ around the UK coast. The call comes after an investigation into an accident in the Bristol Channel in 2008 in which a passenger suffered a back compression fracture after landing heavily on her seat due to the motion of the craft. The MAIB said it was aware of 28 accidents since 2001 in which back compression injuries have occurred onboard RIBs. LANGUAGE CALL: US safety experts have called for new International Maritime Organisation rules to tackle language and cultural problems among multinational crews. In recommendations produced in response to the 2007 Cosco Busan oil spill in San Francisco, the National Transportation Safety Board also says seafarers should be required to report the results of medical examinations and the changes in medication use, and calls for clarity on the circumstances in which VTS officers can direct ship movements. FUEL FEARS: the US Coast Guard has expressed concern at the number of incidents involving propulsion failure caused by poor maintenance and procedures. In a special safety notice issued last month, it urged owners and operators to tighten up on training and procedures to ensure that ships can safely switch between heavy/intermediate fuel oils and marine distillates, and to ensure that fuel switching is completed well before entering restricted waters or traffic lanes. ASBESTOS ALERT: campaigners have presented a 22,000name petition to 10 Downing Street calling for the government to fund a centre to research asbestos-related diseases. Mesothelioma – a cancer linked to asbestos exposure — is the least researched of the top 20 cancers in Britain, even though more than 70,000 people are expected to develop the condition over the next 30-40 years. FATIGUE FINDING: Australian accident investigators have
blamed fatigue as one of the causes of the grounding of a flag of convenience containership in Port Phillip, Melbourne, last year. The Australian Transport Safety Bureau said the helmsman of the Antigua & Barbuda-flagged Francoise Gilot had got only four hours sleep in the 24 hours before the ship grounded after he turned to starboard instead of port. ‘SIMPLIFY SHIPPING’: red tape is preventing Europe from
making the most of its maritime transport connections, transport commissioner Antonio Tajani warned last month. He told the International Association of Ports & Harbours conference in Genoa that simplified systems and reduced paperwork would help Europe to recognise the environmental benefits of shipping. NIGERIAN ALARM: barely one-third of the increasingly violent attacks on shipping off Nigeria are being reported, the International Maritime Bureau claimed last month. IMB manager Cyrus Mody said the industry’s failure to fully report all the incidents is having an adverse impact on the fight against piracy and means the true scale of the dangers in the area are not known. PANAMA PLEA: shipowners from the Asia-Pacific region have urged the Panama Canal Authority (ACP) to extend a shortterm reduction in tolls. A meeting of the Asian Shipowners’ Forum last month said an extension of the fees cut — which is due to come to an end on 30 September — was essential as a result of the current economic crisis. SHIP INTERCEPTED: a Liberian-flagged refrigerated cargo ship was ordered into the French port of Brest last month after a surveillance aircraft spotted it apparently trailing a 14-mile long oil slick. The owners of the 5,102gt Matterhorn were ordered to pay a €300,000 bond to secure the vessel’s release. MEGASHIP WARNING: concerns over the safety problems posed by the new generation of 10,000TEU-plus‘mega-containerships’ have been raised by EU maritime pilots and tug owners. They have urged the industry to address issues including the difficulties in attaching towlines and the structural strength of hulls and bollards. BLACKLISTS BANNED: the UK government has announced plans to ban the use by companies of covert blacklists to victimise trade union activists. The move has been welcomed by TUC general secretary Brendan Barber, who said ‘outrageous’ blacklisting practices had no place in a democratic society. LAY-UP PARTNERSHIP: Bibby Ship Management and the
DehuTech AB company have entered into a strategic alliance with the GAC Group to provide a wide range of ship lay-up services. Bibby’s role in the partnership includes technical and crew management. maining 6.2miles, but the pain pales to insignificance when I look at the reasons for what Seafarers UK does.’ Audrey Stocker — like Olu, a firsttime participant — thought it was great. ‘I loved it. Please don’t get me wrong; it’s one of the hardest things I have ever done, but I would love to do it again.’
Garry Elliott was disappointed to have damaged a knee shortly before the marathon for the second consecutive year. ‘However, I am delighted to have taken over an hour off my time from last year,’ he added. Roger Garside battled through pain that came on half way through, but was determined to finish. ‘It was
a really great experience and it felt great that the whole team had come through and enjoyed the day.’ Having participated in three London Marathons for the Union, raising money to help seafarers, Mike Jess announced that the 2009 event is his last and urged younger members to have a go.
EMISSIONS CUT: carbon dioxide emissions from shipping could be more than halved through the introduction of new technologies and operational efficiencies, a report to the International Maritime Organisation suggests. ENTERTAINING DEAL: navigation equipment firm Kelvin
Hughes has signed a deal with Headland Media to distribute films, music, videos, books, games and TV shows for ships’ crews.
04 | telegraph | nautilusint.org | June 2009
NAUTILUS AT WORK A
Pictured left is the Isle of Man Steam Packet Company’s new fast ferry on trials off the Isle of Wight last month following completion of a major refit by Burgess Marine in Portsmouth. The 96m Manannan is being deployed on the Douglas to Liverpool service — just in time for the TT races — becoming the largest diesel-powered high-speed craft on the Irish Sea. Formerly chartered to the US military, the 1998-built vessel has been refitted with a new aft accommodation block that helps to provide capacity for more than 800 passengers. Picture: Gary
Davies/Maritime Photographic
UK owners call for ‘restraint’ on pay TUC chief warns employers that pay freezes could set back recovery
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British shipowners have warned Nautilus that members will need to accept ‘wage restraint’ over the next year or so. The call came in a speech to the Nautilus UK Biennial General Meeting last month by Chamber of Shipping president Jesper Kjaedegaard. He warned that the industry is facing a crisis as a result of the global economic slump and called for cooperation between employers and employees. The strong growth of incomes seen in recent years could not be sustained in the current climate, he added, but would almost certainly resume once the markets recover.
A combination of the economic downturn and low inflation has seen pay increases across the UK economy fall markedly in recent months. A British Chambers of Commerce survey showed that almost 60% of companies are planning to freeze wages this year and 12% are actually planning to cut pay. Separate research by the pay specialists Incomes Data Services showed that more than a third of British firms imposed wage freezes on their staff last month in response to the credit crunch. IDS said that of 243 pay deals it monitored in the first four months of 2009, 64 were freezes, compared with only seven in 2008 as a whole.
It said the trend towards pay freezes was increasing rapidly. In the three months to March, pay freezes made up a fifth of deals — a proportion that rose to over a third in April. And the average pay increase last month fell to 2% from 3% in the first quarter of the year. The IDS figures echo official average earnings statistics, which turned negative for the first time ever in the three months to March — mainly because of a slump in City bonuses. Earnings on this measure were 0.4% lower in the first quarter of the year than in the same period in 2008. However, the IDS figures also show that there are also plenty of pay increases — 40% — being
struck in the 3% to 4% bracket. And the official data shows average earnings excluding bonuses, or regular pay, rose by 3% in the year to March 2009. TUC general secretary Brendan Barber warned employers that sustained pressure on pay rises would be a real threat to economic recovery. ‘Calls for widespread pay freezes are exactly the wrong reaction,’ he added. ‘Of course employees and their unions understand the reality of companies hit hard by recession, but others can still afford reasonable increases that can then feed through into helping the economy recover.’ z See report on page iii of the BGM supplement.
CalMac talks as members seek action U
Last-ditch talks were taking place last month after consultations with members serving with Caledonian MacBrayne (Guernsey) revealed an overwhelming majority in favour of an industrial action ballot. Voting among members employed in Cal Mac’s Clyde and Western Isles divisions showed a 100-25 majority in favour of the industrial action ballot being held following the company’s failure to improve on its 2008 pay and conditions review offer. The company had offered a one-year deal worth 5% or a three-year agreement that would give some additional improvements to various allowances and benefits.
However, the offer was resoundingly rejected by members who are concerned that it fails to reflect increasing workloads or deal with differentials problems. The company requested an urgent meeting with Nautilus to discuss the outcome of the consultation exercise. A meeting with management was tabled for 29 May, shortly after the Telegraph went to press. Following this meeting, a report back will be given to liaison officers. Industrial officer Gary Leech warned: ‘If we are still at an impasse with the company and the pay review cannot be resolved through negotiation, then Nautilus International will proceed to a ballot of members on industrial action.’
‘No cheap crews for Swansea-Cork ferry’
P&O Hull cutbacks P
Nautilus International has begun talks with P&O North Sea Ferries management over a series of cost-cutting proposals. At a meeting in Hull last month, the company tabled a number of short-term measures designed to help ease financial pressures. Further proposals for the medium and long term remain to be seen.
Industrial officer Jonathan Havard said the initial proposals aim to save around £250,000 by consolidating messing arrangements on two ships and reducing the level of servicing of officers’ cabins. Further talks on the proposals are due to take place this month, and Mr Havard said the Union will closely consult members throughout.
EMS terms challenged
P
Confusion has arisen over severance terms for members made redundant by EMS Ship Management UK. The company stated last month that the three weeks redundancy payment per year worked may only apply to those employed before 31 December 2002. Industrial officer Steve
Doran told the Telegraph: ‘All I’ve found in the office is one contract of employment which sets out severance terms. ‘The company are saying for anyone who joined after 2002, a different contract exists. I challenged that, and members need to know that we are fighting that on their behalf. I’m waiting for the company’s response.’
Nautilus industrial officer Steve Doran speaks at last month’s Wales TUC conference Picture: Barrie Harwood
gCork ferry service should not
The proposed new Swansea-
rely on cheap labour, Nautilus told the Welsh TUC conference last month. Delegates backed a motion moved by industrial officer Steve Doran welcoming plans to revive the link between Wales and Ireland and seeking support for the campaign to ensure it operates to high standards. A viable ferry service will provide a boost to the local economies and help the efficient transportation of people and cargoes, he said. However, Mr Doran warned, the European ferry sector is under pressure from owners and operators who seek to engage in a ‘race to the bottom’ by employing cheap labour with little or no training, long hours of work and minimum conditions. Such pressures are undermining safety and eroding the 3recruitment and retention of EU seafarers, he
pointed out, and it is essential that any new service between Swansea and Cork is not operated by a flag of convenience ship running with poorly paid seafarers. RMT general secretary Bob Crow seconded the motion, pointing to the way in which the Race Relations Act presently permits operators to discriminate on seafarers’ pay on the grounds of their nationality. The cooperative behind the plans to revive the service announced last month that it had ‘reluctantly’ decided not to re-start the route this year, but to instead return on 1 March 2010. Chairman Conor Buckley said the team had been successful in getting funding to acquire a vessel — the 1,800-berth Baltic ferry Julia — for the route, but had decided there was ‘an overpowering economic case to not proceed this summer’ because of the tourist season timings.
June 2009 | nautilusint.org | telegraph | 05
NAUTILUS AT WORK
shortreports BP FREEZE: Nautilus has met BP Oil UK management to dis-
cuss the results of a consultation showing a majority of members opposed to the company’s plans for a pay freeze. Industrial officer Jonathan Havard said the company said there was no money for a percentage increase this year, but management have agreed to consider the Union’s proposals for a two-year ‘inflation-plus’ deal. MERSEY VTS: the Union was late last month close to signing
Ship visits kick off consultations on proposed P&O Irish Sea contracts P
Nautilus officials and liaison officers are pictured with members during ship visits to the P&O Irish Sea vessels Norbay and European Causeway last month. The visits were the first in a series to consult members over the details of proposed new terms and conditions of employment. Members’ contracts were reviewed in 2007
in an attempt to rationalise the ‘plethora’ of different agreements for masters and officers on the Irish Sea. However, said national secretary Paul Keenan, a number of issues had remained and the Union’s concerns prompted a new formal review which aims to resolve these. The new proposals cover a wide range of contractual terms, including sick pay, service
in other sectors, study leave and notice periods. Both Nautilus and management say the package will be ‘of significant benefit’ for masters and officers. Further shipboard consultations were taking place late last month, with members set to take part in a full consultative ballot early this month.
an amended agreement concerning terms and conditions/attendance patterns for members employed by Mersey Docks & Harbour Company VTS. Meanwhile, with other unions, Nautilus has been exploring redundancy avoidance options and TUPE implications for members employed on MDHC floating plant. CEMEX CONSULT: members serving with Cemex UK Marine are being consulted on company proposals for a pay freeze. Industrial officer Jonathan Havard said the Union is recommending rejection, because the company has also turned down other elements of the pay and conditions claim. SCOTTISH SEMINAR: industrial officer Steve Doran will be attending a seminar on 11 June on 2010 public sector pay. The meeting comes against the background of the reorganisation of Marine Scotland, which involves members employed by the Scottish Fisheries Protection Agency. UECC JOBS: Nautilus has continued discussions over cost-cut-
ting plans for redundancies from the UECC fleet. Industrial officer Gavin Williams said the process had resulted in 10 job losses and six members reverting to their substantive rank.
Rosyth route revival
KLYNE AWARD: Klyne Tugs has confirmed the implementa-
New service is welcomed — but Union seeks assurances from management as rumours of the sale of Norfolkline operations continue to gather pace
SMIT SETTLEMENT: following consultations with members
tion of a 4.5% pay award, with effect from 1 June. Industrial officer Jonathan Havard said the increase showed the value of the long-term deal agreed with the company last year. WESTERN OFFER: following talks with Nautilus, Western
Ferries (Cyde) has offered a 3% pay rise. Consultations with members on the offer were due to close on 29 May.
serving on Smit (MoD) contracts, Nautilus has accepted a 2.5% pay rise backdated to 1 April. ORKNEY DATES: Nautilus is awaiting dates for a further
meeting with Orkney Ferries management to address outstanding pay issues and reorganisation. NOCS TERMS: Nautilus is planning to consult members shortly on the final draft of a revised terms and conditions agreement for the NOCS research vessel fleet. IMT STALEMATE: Nautilus has protested in the strongest
possible terms over IMT’s refusal to offer a general wage increase this year. Members are being consulted after the company said it would only make incremental increases. MMS DEAL: following feedback from members serving with
MMS in the Stephenson Clarke fleet, Nautilus has accepted a 1% pay offer. Scottish Viking re-launching the Rosyth-Zeebrugge service last month
HEYN OFFER: members employed by Heyn Engineering on
RV Corystes are being consulted on a pay offer worth almost 3%.
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Nautilus has welcomed the relaunch of the Rosyth-Zeebrugge ferry service, a year after the Greek operator Superfast Ferries withdrew from the route. The revived operation began last month using a speciallycommissioned new Norfolkline vessel, the 26,500gt UK-flagged Scottish Viking. The Italian-built ferry will initially operate three sailings a week, but Norfolkline has said the frequency could be increased if demand dictates. Prospects for the service have also brightened because a number of Scottish politicians are pressing for a route development body to be established to find ways of adding additional services from Rosyth.
First minister Alex Salmond — who was at Rosyth to welcome the Scottish Viking on its inaugural visit — described the new service as ‘a real success story’ after Superfast’s decision to pull out last year. Mr Salmond said the service was Scotland’s only continental ferry link and was ‘hugely important’ to the country’s economy. Scottish Viking will take some 1.4m lorry miles off Scotland’s roads, and the service will be supported with a €2m waterborne freight grant. Norfolkline CEO Thomas Woldbye said the decision to relaunch the service had attracted overwhelming support, and the company would be ‘working hard to ensure that the long-term future of this route is secure’.
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Nautilus is pressing Norfolkline management over new reports that AP Moller-Maersk has put the operations up for sale. There are suggestions that DFDS and P&O are interested in making offers for the company, but industrial officer Ian Cloke said management had been unable to confirm anything to the Union. Negotiations over the TUPE transfer of Norfolkline members have now been completed, with just a few residual matters to deal with. Mr Cloke said the Union is now trying to re-start the company liaison committee and secure a meeting with management to discuss the ongoing sale rumours.
Marine Control & Instrumentation Course Five-day course for sea-going engineers who operate, adjust and repair on-board control systems This course covers all aspects of existing and modern control methods and equipment and is tailored to maximise the practical aspects of work carried out on board. You’ll study Basic Control Theory and System Control Components; Measuring Devices and Actuators; Signal Processing and Conditioning; Calibration and SMART systems; and Programmable Logic Controllers. Course start dates: 14/09/09, 11/01/10, 26/04/10 and 14/06/10
Marine Electrical Equipment for Hazardous Areas Course Three-day course for sea-going engineers The course starts with an introduction to the technical problems associated with using electrical equipment in potentially explosive atmospheres and the requirement for hazardous area safety practices on ships. It covers definition of hazardous areas, sources of ignition and the application to merchant vessels, classification, apparatus grouping and temperature classification; Environmental conditions and methods of protection; Practical exercises include performing inspection of hazardous area equipment, checking
Uncertainty delays Northern Lights pay talks O
Nautilus has opened talks with the Northern Lighthouse Board on the 2009-10 pay and conditions claim for members. Industrial officer Steve Doran said
no offer could be made and the discussions would be delayed because of continuing uncertainty over the results of the light dues consultation exercise.
‘As an interim measure, GLAs have been told to cut spending by 10%. We hope the situation will be clearer by the end of June and pay proposals can then be made.’
suitability of equipment for area and application, maintenance and repair of Hazardous Area equipment, replacing lamps in Exd equipment and fault location on Exi equipment. Course start dates: 14/09/09, 11/01/10, 26/04/10 and 14/06/10
For further information on marine courses, Tel: +44 (0)191 427 3568 e-mail: marine@stc.ac.uk web: www.stc.ac.uk/marine South Tyneside College , St. George’s Avenue, South Shields, Tyne & Wear, NE34 6ET and Mill Lane, Hebburn, Tyne & Wear, NE31 2ER.
06 | telegraph | nautilusint.org | June 2009
OFFSHORE NEWS
shortreports ABERDEEN MEETING: Nautilus industrial officer Gary Leech and liaison officer Andrew Slinn met Meridian Shipping Services last month for more talks on the 2009 pay and conditions package for members aboard the Aberdeen. They told Meridian’s Iain MacLeod that the 2% proposed offer fell short of members’ aspirations, but the company argued that in the present climate it was a ‘very good’ offer. Also discussed were the seniority bonus, training and travel days, and study bonds. The Union will be consulting members again in the near future. LEAVE APPEAL: unions representing North Sea workers have warned of an appeal to Scotland’s highest civil court against a controversial judgement in the long-running row over their entitlement to four weeks’ paid leave. The offshore unions may also go to the European Court of Justice in the battle to ensure that North Sea workers get the same entitlement to annual leave as staff ashore. FARSTAD EXTENSION: Nautilus has extended consulta-
tions on a pay and conditions offer after an initial inconclusive result from members employed by Celtic Pacific Ship Management on Farstad vessels. Industrial officer Gary Leech has recommended acceptance of the package — valued at between 6% and 7% — citing the difficult economic climate. SEVEN ADDITION: Subsea 7 says work on its new state-ofthe-art pipelay and construction vessel Seven Pacific is on schedule, and the ship is due to be delivered in late 2010. The new vessel, being built in the Netherlands, is part of a US$1bn investment programme in the fleet which will see eight new ships being added between 2007 and 2010. MAERSK MAJORITY: consultations with members serving
on Maersk Supply Vessels have revealed a unanimous majority opposed to the company’s RPI plus 1.5% pay offer. Industrial officer Ian Cloke said the feedback was overwhelming, and the company is being urged to improve the package when talks resume early this month. BPOS REJECTION: members employed by Seacor Marine (Guernsey) in the Boston Putford fleet have rejected a 2% pay offer. Industrial officer Jonathan Havard said management has been approached for a date to reconvene the negotiations. He said the company had also rejected calls for bosuns’ pay to be aligned with AMAs. SUBSEA SUBMISSION: Nautilus International has sounded out Subsea 7 members about their aspirations for the 2009 pay and conditions review. With the review date coming up on 1 July, the Union is now seeking a meeting with the management. CMA PLEDGE: Nautilus has received assurances from CMA
CGM management that an offer is forthcoming in response to the pay and conditions claim for members serving on the Fugro Meridian and Mercator and the Geo Prospector. DSV OFFER: Nautilus has been pressing Bibby Ship Management for a response to its pay and conditions claim for members serving on the company’s DSVs. Industrial officer Gavin Williams said a formal offer has been promised soon. SAIPEM MEETING: further talks on the pay and conditions
claim for members serving with Saipem UK have been scheduled for 16 July. Members have rejected a 3% pay offer, which the Union described as ‘derisory’. HAVILA CONSULT: members serving with Havila Marine (Cyprus) and Ocean Supply (Cyprus) have been asked to submit their views on the contents of the forthcoming pay and conditions claims to management. BEACON TALKS: hopes of the early reintroduction of per-
sonal safety beacons have been raised following talks between North Sea operators and helicopter firms last month.
Master’s court case prompts concerns Nautilus says it is disturbed by the implications of a decision to prosecute a master who allowed an over-the-limit crew member back onboard
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Nautilus has expressed concern at the decision to prosecute a shipmaster following the death of a crew member in a fall onboard his ship. Captain Alexander Phimister was fined £1,800 at Lerwick Sheriff Court last month after pleading guilty to breaching safety regulations in connection with the death of a crewman in Lerwick harbour. The court heard that chief officer Gordon Buchan died after falling down steps onboard the 651gt 1966-built emergency response and rescue vessel Vos Viper on 17 November 2007, when it was berthed at the Greenhead base. A subsequent post mortem showed that he was more than three times over the statutory alcohol limit of 35mg of alcohol in 100ml of breath Capt Phimister changed his earlier plea of not guilty and admitted breaching the ship’s safety management system by allowing Mr Buchan to board the vessel when his blood alcohol level was almost four times the legal limit under merchant shipping rules. The court heard from procurator fiscal Duncan Mackenzie that six crew members had gone to the Norscot Angling Club, in Lerwick, for a few drinks to celebrate Capt Phimister’s 61st birth-
The ERRV Vos Viper
day, on the evening of 16 November 2007. Three of them, including the master and Mr Buchan, returned to the vessel after midnight. Mr Mackenzie said: ‘All three sat down in the crew area and had a conversation. The deceased then suggested making some coffee for him and the others and went to the galley. ‘In order to do so he had to negotiate a flight of steps. There was a tragic accident. He tripped and fell down the stairs, sustaining a non-survivable head injury. He died instantaneously. The crew tried to do what they could, but he was pronounced dead at the scene.’ Defending, advocate Louis Moll told the court that whilst Capt Phimister had clearly
breached the regulations, this had been done ‘with the best of intentions’. He said the master had found himself ‘between a rock and a hard place’ when the group returned to the ship and had to make a decision ‘either to leave him on the pier or let him on to the ship to recover, clearly in breach of the regulations’. Capt Phimister had decided to let Mr Buchan onboard because the ship was docked and there was no prospect that she would leave within the following 24 hours, he added. There were also sober crew members onboard who could move the vessel to another berthing place should that have been required by the harbour authorities. The court heard that Capt
Phimister had a previously unblemished record of more than 40 years of sea service. But Sheriff Graeme Napier told the master that there was plenty of evidence at his court that seafarers and alcohol did not mix. ‘You know that it is your responsibility as master that the safety policy is complied with,’ he added. Speaking afterwards, the MCA’s enforcement officer Allan March said he felt the fine of £1,800 was a fair sentence. ‘The master clearly was in breach of the ISM Code,’ he added. ‘He is the company representative on the vessel and he clearly did not live up to their expectations,’ he said. Nautilus general secretary Mark Dickinson said the Union had provided legal support for Capt Phimister, and regarded the case as ‘extremely disturbing’ because of the implications it raises. ‘We believe this case is another example of the criminalisation of the maritime profession, and raises fundamental questions about the responsibilities of masters and the workings of the ISM Code,’ he added. ‘The core question remains: what was Capt Phimister meant to do in such circumstances, and what would have happened had he refused to allow Mr Buchan onboard the ship?’
IMO urged to act on AHTS safety A
Calls for tougher controls over anchor-handling vessel operations have been made in an open letter sent to the International Maritime Organisation and the Norwegian government. The calls follow research into the causes of the capsize of the AHTS vessel Bourbon Dolphin off Shetland in 2006, with the loss of eight lives, and into the stability aspects of vessels conducting anchor-handling work. The submission was put together by accident investigator Arne Sagen and shipmasters Michael Hancox and Ian Clark, and draws on lessons to be learned from other accidents, such as the 2003 capsize of the AHTS Stevns Power off the coast of Africa, with the loss of 11 crew. It warns of ’inbuilt design characteristics and weaknesses’ which can lead to capsize during a range of anchor-handling operations — particularly in water depths over 300m and with very heavy anchor handling loads.
The paper highlights the risks of capsize caused by free trim and girting effects combining with propulsion and thruster forces to increase list and have a catastrophic effect on stability. The report suggests possibilities to modify the design of AHTS vessels to make them less prone to a catastrophic loss of stability – such as building them with relatively small trimming tanks at the stern and bow, with a powerful transfer pump. It urges the IMO to reconsider the stability requirements for all AHTS vessels and for class societies and warranty survey companies to revise their rule requirements and guidelines for applying the designation anchor handling tug when classing or approving such vessels. The paper also calls for improvements in training, operations manuals and emergency procedures, as well as for further research into issues including winch emergency release functions.
Safe access system a first for FD Incredible P
The Aberdeen-registered offshore support vessel FD Incredible is pictured above displaying a new access system designed to improve the safety of personnel transfers between ships and platforms. Produced by the Dutch firm Offshore Solutions BV, the installation onboard the FD Incredible is the first Offshore Access System to be deployed on a vessel operating in the central North Sea. Designed to operate in 2.5m Hs (significant wave height) sea states, the OAS will be used by the FD Incredible — which has been char-
tered by Chevron as an accommodation vessel — to transfer personnel to the normally unmanned Erskine installation, some 150 miles east of Aberdeen during a programme to carry out well work and coiled tubing operations. The OAS is a heave-compensated telescopic gangway and has been mounted onboard the platform supply vessel FD Incredible, which is equipped with a class two dynamic positioning system, clear deck space, a contractor health, environment and safety management (CHESM) “A” rating and accommodation for 22 working crew.
June 2009 | nautilusint.org | telegraph | 07
NEWS
Class call to act on seafarer treaty A
LD cat defies pirates on delivery voyage g
Pictured above is the LD Lines high-speed ferry Norman Arrow, which arrived in Dover last month after a three-week, 11,726nm delivery voyage from Tasmania. Following a week of berthing trials and crew training, the 11,000gt vessel was set to begin services between Dover and Boulogne on 6 June — becoming the largest ever fast ferry to operate on the crossChannel routes between England and France and the first to carry freight across the Dover Straits. The 112m Incat vessel will oper-
ate at speeds of up to 40 knots, offering a crossing time of just one hour. Norman Arrow can carry up to 1,200 passengers and 417 cars, or a combination of 195 cars and up to 30 freight vehicles. During the delivery voyage, special precautions had to be taken to protect against the threat of a piracy attack. Captain Guy South, one of two masters onboard, said: ‘We locked every door and padlocked all the void spaces, and access to the cabin was restricted to the port aft door only. We also posted an extra lookout aft
throughout the high risk area. ‘The Norman Arrow’s speed was increased to 30 knots for the most dangerous section,’ he added, ‘and we also secured the mooring decks aft with as much rope as we had spare. If we were attacked, the plan was that all the crew would go to the electronics room, the fourth engine would be run up and we’d run away.’ In fact, the Norman Arrow managed to avoid any close encounters with pirates, although a ship was attacked with rocket-propelled grenades about four hours ahead.
A major classification society is urging shipowners, managers and crewing agents to act now to prepare for the introduction of the seafarers’ ‘bill of rights’ — the international Maritime Labour Convention. With one of the two conditions for the convention’s entry into force now met, DNV said it looks likely that the treaty will take effect in 2011 —setting down common worldwide rights for seafarers on such factors as conditions of employment, accommodation, recreational facilities, food, accident prevention, welfare and medical care. ‘Some people in the industry say that it makes sense to wait and see on this issue, but this is a mistake,’ said Georg Smefjell, who heads the classification society’s team assisting the industry on the implementation of the MLC. ‘Hesitation will only decrease a shipowner’s ability to handle the requirements effectively,’ he warned. DNV offers services including document review and gap analysis, together with preliminary certification confirming voluntary compliance. The classification society aims to become a recognised organisation, providing full certification on behalf of flag states.
MPs warn of gaps in UK sea security Parliamentary report echoes Union’s concerns at the limited resources available for the protection of ports and shipping around the coast
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A parliamentary inquiry has endorsed Nautilus concerns about the standards of maritime security around the UK coast. A report published by the House of Commons defence select committee last month questions the limited resources available for maritime security and the adequacy of the ‘motley collection’ of vessels tasked with protecting ports and shipping. The MPs said Britain’s mar-
itime defences were not properly coordinated to deal with the threat of a terrorist attack, with no single organisation with overall responsibility for port and shipping security. ‘We are concerned at the level of action being taken to address identified threats to aspects of critical national infrastructure, such as ports and refineries, and that what assets are available for the purposes of maritime security tend to be largely reactive
forces,’ the report adds. Naval vessels available for coastal protection amounted to just three frigates, three minesweepers, two River-class offshore patrol vessels and a support tanker. In addition, they found the police have around 70 vessels, with a further 50 MoD police vessels, five Coastguard inshore patrol craft, and five UK Border Agency cutters. The committee said it did not
question the competence of the organisations contributing to national maritime security, but it did question their resources and coordination. ‘We feel that there is a strong case for developing a deterrent capability in relation to threats to civilian maritime targets,’ the report adds. ‘It need not necessarily be resourced by the military, but we are not satisfied that an intelligence-led approach is sufficient.’
Employers launch film to promote sea careers Iers have launched a new DVD
International shipping employ-
to promote careers at sea. Some 15,000 copies of the film — ‘Careers in International Shipping’ — are being distributed, free of charge, around the world to be used to support initiatives to attract a new generation of seafarers. Developed in conjunction with the International Maritime Organisation’s ‘Go to sea!’ campaign, the International Shipping Federation DVD is available in English, Arabic, Chinese, French, Greek, Italian, Russian and Spanish. The ISF said the whilst the con-
Blackley is new OSG VP P
Former P&O master Captain Ian Blackley, right, has been appointed to senior vice-president at the Overseas Shipholding Group. In his new role, Capt Blackley leads OSG’s international shipping operations — including operational oversight and management of the company’s 94 crude oil tankers, product carriers and LNG vessels. He is also responsible for overseeing the 3,200 seafarers employed by the group, as well as the technical management and training operations based in the UK, Greece and the Philippines. Capt Blackley joined OSG in 1991, following a seagoing career that began in 1971 with P&O.
Head Master for HCMM P
Pictured right is Captain Malcolm Parrott, who has been installed as Master of the Honourable Company of Master Mariners. Capt Parrott’s maritime career spans more than 40 years — including 24 years at sea, nearly half of which were spent in command of containerships, ro-ro ferries and passenger vessels. He also served with the Royal Fleet Auxiliary, and as a director and senior manager within the Sea Containers organisation, including a spell as operations director for Hoverspeed. He is MD of the European sector of The Maritime Group, an AngloAmerican marine consultancy, mainly concerned with the cruise and ferry sectors of the industry. A graduate of Henley Business College, he is also a Fellow of the Chartered Institute of Logistics and
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traction in world trade may have eased immediate pressures, it was keen to emphasise the importance of companies recruiting sufficient numbers of new officers for the future. ‘The new film seeks to explain careers in shipping to young people, emphasising how a career at sea is a stepping stone to an exciting career in one of the world’s most dynamic industries, and that a career at sea — although a fine career itself — does not necessarily mean a lifetime at sea,’ it added. pThe film can be accessed at www.marisec.org and has also been posted on www.youtube.com
Transport, a Fellow of the Royal Institute of Navigation, and a Younger Brother of The Corporation of Trinity House. Capt Parrott served for the last five years as a Warden, latterly as Senior Warden, of the Honourable Company.
08 | telegraph | nautilusint.org | June 2009
LARGE YACHT NEWS
Downturn is defied at brokers’ show Healthy turnout of yachts and exhibitors at MYBA event in the port of Genoa by Michael Howorth
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Economic gloom was defied at the 21st edition of the Mediterranean Yacht Brokers Association (MYBA) Charter Show last month. The four-day Genoa event is without doubt one of the most important international exhibitions dedicated to charter brokers, superyachts and superyacht business professionals. Held in the splendid location of Genoa’s ancient harbour, this year’s event was well attended by the most prestigious charter agencies and brokers globally. A total of 63 30m-plus superyachts were on display, with Bodecia at 70m being the largest. While some did not make it because they simply were not ready in time, the spaces they left on the docks were quickly snapped up by yachts that were enrolled on the waiting list. Numbers of brokers visiting
Red ensigns on display at the Mediterranean Yacht Brokers Association Charter Show in Genoa
were definitely down on past years, most noticeably those whose journeys were long and expensive. But among those who did attend confidence for a successful season was high. The exhibition is primarily a select showcase for luxury charter yachts, as well as being a trade
display of ancillary services for the superyacht industry. The turn-out this year of 59 business and trade exhibitors was better than many had originally expected. In February of this year MYBA had announced that due to the economic environment and fol-
lowing requests by exhibitors for discounts, it had decided to lower the stand fees this year. The show also heard the news confirming the much-anticipated axing of the Sardinia luxury tax. Ships agents Luise and Sardinia Yacht Services threw an impromptu party on the dockside during the show to celebrate. The tax — which saw some yachts having to pay as much as €15,000 to go onto a marina dock in Sardinia — was blamed for a 50% reduction in the number of visiting yachts since its introduction in 2006. Renato Azura, of Sardina Yacht Services, said: ‘We have been working very closely with the local authorities for the last three years, initially to get them to change the law, and when that failed we campaigned against them to get it repealed. The end result is good for superyachts and will ultimately be good for the people of Sardinia.’
Spectacular sailing yacht is up for sale O
One of the most spectacular superyachts ever built has been put up for sale with a reported asking price of €99m. Built by the Italian Perini Navi yard for American venture capitalist Tom Perkins in 2006, the luxury clipper sailing yacht Maltese Falcon has appeared on JamesList — an online marketplace for millionaires. At 88m loa, Maltese Falcon is one of the largest privately-owned sailing yachts in the world and boasts a revolutionary computer-controlled sailing system — DynaRig — which includes three self-standing and rotating 58m-high masts hosting 15 sails with a total area of nearly 2,400 sq m. The Maltese Falcon is equipped
with two 1,800hp Deutz engines running at 1,800 rpm with a top speed of 20 knots, with minimal wave-making and virtually no vibration or noise, leaving a smooth and non-turbulent wake. The Maltese-registered vessel has a permanent crew of 18 and can accommodate 12 guests, plus four guest staff. The yacht switched to the Maltese flag earlier this year, changing its home port from George Town, Cayman Islands, to Valletta. In recent times, the Maltese Falcon has been available for charter, at some €330,000 a week. Reports suggest that whilst new orders for 30m-plus yachts have fallen by up to 40%, sales and charter demand remains high.
Architect-designed yacht is launched
Owner fined for animal offences A
A superyacht owner has been fined US$150,000 by a Florida court after checks by Federal agents discovered rare animal pelts and remains decorating the vessel. The court also confiscated the parts after the registered owner of the yacht Mystère — Ruzial Ltd, based in the Cayman Islands — pleaded guilty to violating the Endangered Species Act. Ruzial pleaded guilty to attempting to import 29 wildlife items, including specimens of protected species. Court documents showed that Ruzial’s director is Tamir Sapir, a Russian billionaire and collector of European ivory. A Customs inspection of the 50m yacht at its Port Everglades berth found the remains of such exotic species as zebra, lion, ele-
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The yacht Mystere, which was found to have illegal rare animal remains onboard Picture: Maarten Jansen/SuperYachtPhoto.com
phant and jaguar worth an estimated $100,000. The vessel was decorated with a mounted tiger head, an entire
stuffed lion and bar stools covered with reticulated python hides. Because these wildlife parts were being imported into the US — even if they were not going to be sold — the company required permits, and it didn’t have any, prosecutors said. ‘The illegal trade in endangered wildlife robs directly from our future and the futures of our children and grandchildren,’ stated Anthony V. Mangione, special agent in charge, Immigration and Customs Enforcement Office of Investigations. ‘It robs them of the opportunity to see these creatures in their natural environment. People who engage in this type of activity are criminals.’ The tusks, skins and other items will be turned over to the US Fish and Wildlife Service for use in educational programmes. The captain could not identify the owner of the Mystère, but
Ruzial is linked to the Georgianborn billionaire Tamir Sapir, who is a New York-based property developer, listed at number 522 in the Forbes list of the world’s richest people.
Pictured above is Ocean Emerald, the first in a new series of €10m superyachts being built for the ‘fractional ownership’ company YachtPlus. Capable of carrying up to 12 passengers and operating with a permanent crew of seven, the luxury 41m vessels have been designed by the architect Norman Foster, who was responsible for such buildings as the London ‘gherkin’ and the new Stansted airport terminal. With accommodation over four decks, the yachts, built to the MCA’s LY2 Large Commercial Yacht Code, are powered by two 1,044kW Caterpillar C32 diesel engines and have a maximum speed of 17.5 knots. The Isle of Man-flagged Ocean Emerald was built by Rodriquez Cantieri Navali in Italy and is the first of up to 10 vessels which will be sold on a fractional ownership basis,
which aims to give owners a timeshare-type stake in a superyacht without the hassle of owning one. Chief executive Sergio Dell’Acqua said the company had looked at the superyacht market and noted that owners with craft of more than 40m were only using them for about 30 days in the year, and were chartering them out for the rest of the time, with all the costs and inconvenience that that entailed. YachtPlus customers will be able to take a 12.5% stake in the yacht for an initial payment of €1.9m, giving a guaranteed 34 nights per year onboard, including 11 nights peak season in the Mediterranean, 11 nights in the Caribbean and two sixnight cultural tours. An additional €200,000 service charge will cover management, marine and hotel operations, crew, mooring charges and maintenance.
June 2009 | nautilusint.org | telegraph | 09
NEWS The Bahamas-flagged cruiseship Saga Rose is pictured calling at Portsmouth at the end of a 35-day Commonwealth world cruise from Singapore. This year is the ship’s final season, with her farewell cruise in October. Built in 1965 the vessel was originally Sagafjord, and was acquired by Saga Cruises in 1997. The 32,499nm Commonwealth cruise was the 24,528gt ship’s 44th world voyage, which means the vessel has completed more round the world trips than any other cruiseship. Saga Rose’s farewell voyage departs Southampton on 30 October for a 37night tour of the Mediterranean. Picture: Maritime Photographic
New rules for EU port state control checks P
A ‘ground-breaking’ new inspection system is to be introduced by port state control authorities in Europe and Canada at the start of 2011. The new targeted system of checking ship standards aims to reward quality operators with fewer inspections and to subject high-risk ships to more in-depth scrutiny. Members of the Paris Memorandum of Understanding on Port State Control met in Iceland last month to agree the terms of
the New Inspection Regime (NIR), which will enter into force from 1 January 2011 and replace the existing target of inspecting at least 25% of all ships visiting the region. Developed following a review of the existing inspection mechanisms, the NIR has been drawn up to complement the European Union’s third maritime safety package and will use various databases to identify high-risk vessels for more in-depth and more frequent inspections. Ships will be targeted on the
basis of such facts as their age and type, and the performance of their flag, classification society, and owners/operators. Those deemed high-risk will be inspected at least once every six months, against once every 24 to 36 months for low-risk vessels and once a year for standard-risk ships. The Paris MOU committee also developed guidelines to help port state control officers with the implementation of the international Maritime Labour Convention — the ‘seafarers’ bill of
rights’ — which is set to enter into force from 2011 onwards. Paris MOU members have invested in measures to improve the training of port state control inspectors, and the committee noted the ongoing development of the Rulecheck electronic tool to help inspectors check the application of legislation. The Paris MOU will be working with the Tokyo MOU to conduct a concentrated inspection campaign on lifeboat launching arrangements from September to November this year.
Investigators thwart cover-up attempt after ship grounding Seafarers on a Greek-flagged bulk carrier which struck a reef off Australia last year presented accident investigators with a false record on the ship’s positions. The 74,086dwt Atlantic Eagle suffered serious hull, rudder and steering gear damage after passing over Maude Reef shortly after leaving the western Australian port of Albany last July. Investigators found that the master had handed over the con of the vessel to the second officer about 20 minutes after passing the port limits with an instruction to keep to a heading of 235 degrees. The officer had ‘blindly’ followed the orders, even though the ship’s position had not been plotted in the previous 20 minutes and no member of the bridge team was monitoring its progress. The instructions were inconsistent with the passage plan, and the Australian Transport Safety Bureau found that no account had been
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taken of the prevailing wind and current, or the risk posed by Maude Reef which lay ahead and near the planned track. ‘Atlantic Eagle’s position was not plotted on the chart until after the grounding,’ the report states. ‘Therefore, for more than 40 minutes, no bridge team member knew exactly where the ship was.’ Investigations revealed that original chart times and positions had been erased, and when confronted with forensic evidence the master and the second officer admitted that, after the grounding, a number of ‘false’ positions had been plotted on the chart. The bureau also said Atlantic Eagle’s crew had not effectively implemented safety procedures for navigation, record keeping and preventing single-person errors. ‘Record-keeping procedures were also not followed, and no attempt was made by the ship’s managers to correct the situation,’ it added.
Car gift helps chaplain to reach more seafarers
Owners urge dues overhaul g
Shipowners have stepped up pressure for an overhaul of the UK light dues system — with an official call for the three UK and Irish general lighthouse authorities to be amalgamated. In a submission to the Department for Transport, the Independent Light Dues Forum — which represents leading European and Asian owners — says the restructuring of Trinity House, the Northern Lighthouse Board and the Commissioners of Irish Lights should be considered as an efficiency option. The Forum says the GLAs need to ‘reflect today’s testing commercial realities’ and match its members’ cost-cutting efforts by
making savings of up to 25%. In its response to the government’s light dues consultation document, the Forum argued that there is ‘genuine scope for rationalising the GLAs’ support structures to eradicate heavy duplication, for example, in fleet management’. It warns that big operators will consider cutting UK port calls and trans-ship deepsea containers from other mainland Europe ports if the government goes ahead with controversial plans to raise light dues from the current rate of 35p per net registered tonne to 41p. Another submission from the Lights Advi-
The former Townsend Thoresen Dover-Boulogne ferry Tiger is pictured in Portsmouth last month in her new guise as an ‘expedition ship’. Built in Denmark in 1972, the 6,344gt vessel had been operating in Scandinavian coastal waters for 15 years before being bought last year by the Canadianbased holiday company GAP Adventurers.
sory Committee — which represents shipowners, shippers, ports and the fishing community — also urges the UK government to abolish its subsidy to Irish Lights, arguing that this would go a very long way to covering the deficit in the General Lighthouse Fund. The LAC is also pressing for the fleet management of the GLAs to be centralised, and for one ship to be withdrawn. Opposition shipping spokesman Julian Brazier backed the calls, describing light dues as a ‘great albatross hanging round the neck of the UK shipping industry’ and warned that some shipping companies are already cutting their calls to the UK.
Now running under the Liberian flag, the ship has been refurbished, re-equipped for the new role, and renamed Expedition. The vessel carries up to 120 passengers and will operate a wide range of ‘adventure cruises’, specialising in polar regions. Picture: Gary Davies/Maritime Photographic
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A new car to help the Apostleship of the Sea in its work to support the crews of ships visiting Scottish ports has been presented by the Maritime Charities Funding Group (MCFG). The vehicle was handed over to the charity’s development director, John Green, during a ceremony at Trinity House, London, last month, pictured above.
The car will be used by Brian Kilkerr, the AoS chaplain in Aberdeen, who assists seafarers in a wide area along the east coast of Scotland. ‘Apostleship of the Sea is extremely grateful,’ said Mr Green. ‘The car will allow the chaplain to be more mobile, reach more distant ports, and respond quicker to shiprelated incidents.’
10 | telegraph | nautilusint.org | June 2009
NEWS
Search is on for top shiphandler
Seafarers’ charity challenge
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Organisers of an international contest to find the world’s best shiphandler are still seeking more entrants. To be staged at the Northeast Maritime Institute facilities in the US port of Fairhaven, Massachusetts, the First Annual International Shiphandling Championship if offering a total of US$50,000 in prize money. Up to 50 seafarers will compete for the title on Transas simulators, by demonstrating their shiphandling skills on four different vessels in four locations. So far, the contest has attracted two entrants from the UK, representing V. Ships Manpower Services and Windstar Cruises. Organisers say the event has been
designed to ‘recognise and honour some of the most highly skilled people in the industry, and to help the general public to better understand how those shiphandling skills allow mariners to help foster a healthy economy while safeguarding the environment’. The contest dates have been moved to 9-11 October. Entrants will be judged by an independent panel of experts, and first prize is $30,000, with $15,000 for the runner-up and $5,000 for the third-placed competitor. PFurther information and entry forms are available on the website: www.shiphandlingchampion.com or e-mail: isc@northeastmaritime.com
Inmarsat fits 2,000th Fleet Broadband to Russian ship
Minibus gifts help crews to make most of port visits Seafarers visiting the ports of Felixstowe and Immingham are to benefit from two new minibuses donated to the Sailors’ Society by Zodiac Maritime Agencies. Revd David Coombe, the charity’s port chaplain for Immingham and Humber, is pictured above with a visiting seafarer and one of the buses. Sailors’ Society director of fundraising Jan Webber said the charity was very grateful for the donation. ‘Time ashore is limited due to modern technology and
I
Inmarsat has installed its 2,000th FleetBroadband terminal in the world merchant fleet, within 18 months of the service’s launch.. The milestone was passed last month with the installation of the voice and broadband data service onboard the 7,000dwt oil tanker Samur River, above, presently under construction at the Krasnoye Sormovo yard in Russia.
Inmarsat maritime business director Piers Cunningham said the company is ‘delighted with the rate of FleetBroadband adoption across the industry, with the service being deployed on vessels of all types and sizes’. FleetBroadband offers standard IP connectivity at up to 432kbps, guaranteed or ‘streaming’ IP connectivity at up to 256kbps, and voice telephony at landline quality.
WE PROVIDE A LIFELINE TO KEEP THEM AFLOAT “Twenty years in the merchant navy, thirty years a fisherman, but when my health failed it was a struggle to make ends meet. Thanks to a regular grant from the Shipwrecked Mariners my wife and I have been able to keep our heads above water.”
quick turnaround times in docks, so the new minibuses will ensure that seafarers’ time is spent wisely, giving them access to make telephone calls to loved ones and to stock up on amenities.’ Mark Rawson, Zodiac’s quality, safety and environmental manager, said the company was delighted to support the Sailors’ Society. ‘We recognise the work the charity puts in to making things more bearable for seafarers, particularly in ports and in times of need.’
The maritime charity Seafarers UK is looking for people willing to test their skills and endurance whilst raising money for its vital work. Due to be staged in the Isle of Wight on 26-27 September, the second Great Island Challenge will see teams from the shipping industry pitted against entrants from the Royal Navy and Royal Marines. On the first day, participants will crew a yacht and then sail all the way around the island. On the following day, they will have to cycle all 62 miles of its hilly coastline. All teams signing up will have full fundraising advice and support from staff at Seafarers UK. Each team of six people will be asked to raise £5,000, which will be used to provide vital support to those in need from the maritime community including seafarers, ex-seafarers and their families. Last year’s event collected some £40,000 for Seafarers UK, which needs to raise £3m a year for its work to support maritime charities throughout the UK. Teams from MDL Marinas, MOL, BAE Systems, Trinity House and Bibby International took part in the challenge — with 44 participants in total. KFor more information or to sign up for the challenge, contact Lee Dobbins at lee.dobbins@seafarers-uk.org , phone 020 7932 5961 or visit
www.seafarers-uk.org
Research shows that union reps are also ‘good citizens’ g
Trade union reps are eight times more likely than the general population to engage in voluntary work and give more of their time to community organisations, according to a new study. A survey conducted for the TUC by Gregor Gall, professor of industrial relations at the University of Hertfordshire, shows that 19% of union reps are volunteers in community organisations, 20% spend up to five hours a
week on community activities, 8% are school governors, and 5% sit on the governing bodies of local organisations. The report points to the potential for unions to use these links to recruit new members and develop new cross-organisation community campaigns, as unions have done successfully in Australia and the US. Commenting on the research, TUC general secretary Brendan Barber said: ‘Across the UK,
there are some 200,000 union reps working hard to make their workplaces safer and fairer places to be. But their good work does not stop at the factory gate or the office door. ‘Unions reps are undoubtedly good citizens and are likely to give up much of their time helping others. Their efforts in their local communities are also bringing many people within the reach of trade unions, possibly for the first time.’
Member is cycling for cancer research A
Life is often a struggle for elderly seafarers and their dependants, particularly the families of those lost at sea, the disabled and widowed. The Shipwrecked Mariners’ Society is here to help them rebuild their lives. Every year we give over £1M in grants to help those in difficulty and distress. Please help us to rebuild shattered lives with a legacy or donation. And if anyone you know needs our support, be sure and put them in touch with us.
Shipwrecked Mariners’ Society Dept NAU, 1 North Pallant, Chichester PO19 1TL Tel: 01243 789329 Fax: 01243 530853 e-mail: general@shipwreckedmariners.org.uk website: www.shipwreckedmariners.org.uk
A Nautilus rep is aiming to raise money for cancer research by taking part in a London to Edinburgh cycle race next month. John Anderson, who serves in the Pacific Nuclear Transport
Reg Charity No 212034 Inst. 1839
Supporting the seafaring community for 170 years
graph. ‘I’ve been doing around 200 miles per week whilst on leave, building up distances and whilst on the ship I have been in the gym five evenings per week to try and retain the fitness built up at home.’
New leader for the Mission P
Shipwrecked Mariners’ Society
fleet, has entered the 2009 Audax bike race — and aims to complete the 875 mile journey within 100 hours. ‘I started training in August 2008, and have shrunk from 12.5 stone to 10.3,’ he told the Tele-
Pictured right is the Revd Tom Heffer, who is set to take over as secretary-general of the Mission to Seafarers next month. Revd Heffer, who is currently the charity’s director of chaplaincy, will succeed the Revd Canon Bill Christianson, who is retiring after eight years at the helm of the Mission. Born in 1969, Revd Heffer first
worked for the Mission as a chaplain’s assistant in New Orleans and Singapore after graduating from King’s College, London, with an honours degree in divinity. Following his ordination as a priest in 1996, he held a number of appointments within the Church of England, including chaplain to the Bishop of Norwich, before rejoining the Mission as ministry
secretary in 2001. Revd Heffer said it would be ‘a tremendous privilege’ to lead the Mission. ‘I have seen at first hand the difference that our ministry makes to seafarers’ lives,’ he added, ‘so when I assume the role of secretary-general I will work to ensure that the society remains true to its aim and vocation of caring for those who call upon its services in their hour of need.’
John says he wants to raise as much money as possible for Cancer Research UK and anyone wanting to donate should go to his special fundraising website:
www.justgiving.com/johnanderson1
June 2009 | nautilusint.org | telegraph | 11
HEALTH&SAFETY
‘E-TOTS’ package launch
Tall ships kick off shipyard safety drive
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An electronic version of Intertanko’s tanker officer training standards (TOTS) scheme has been launched in an effort to encourage more companies to adopt the programme. Developed jointly by the tanker owners and the Norwegian firm Seagull, the E-TOTS package — the Seagull Training Administrator — aims to provide a simple way of checking officers’ competences and progressing career development. Captain Howard Snaith, Intertanko’s marine director, commented: ‘We are confident TOTS will continue as an industry standard, as well as achieving its ultimate objective of increasing the number of competent tanker officers and providing alternative methods of measuring experience, other than “time in rank” and “time in company.’
Guide to help cut sloshing P
Guidance that seeks to prevent sloshing accidents on LNG carriers has been published by the classification society Lloyd’s Register. The document seeks to improve design procedures with respect to sloshing forces, and is the result of a long programme of research and development — including extensive consultation with the industry, and an investment of over £700,000. Used as part of the appraisal process for the approval of the largest LNG carriers built to date — the QMax class — the guidance is applicable to the vast majority of membrane tank LNG ships currently in operation, and LR says it can also form the basis of a sloshing assessment procedure for other ship types that store or transport liquefied or liquid cargoes in large tanks.
h Environmental groups are angered by the failure of the new ship recycling convention to outlaw the practice of beaching ships for demolition Picture: Eric Houri
Ship demolition deal faces flak Ships will have to carry hazardous materials inventory
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The first ever international convention to regulate ship scrapping standards was agreed last month — but immediately faced flak from environmental groups. Delegates from 63 International Maritime Organisation member states adopted the International Convention on the Safe and Environmentally Sound Recycling of Ships 2009 at a conference in Hong Kong. The convention will need to be ratified by at least 15 countries representing 40% of world merchant gross tonnage before it can enter into force, and IMO secretary-general Efthimios Mitropoulos urged member states to sign up as soon as possible. He said the convention should be considered as a ‘platform and an avenue for better regulation’ and would ‘regulate, for the first
time, a complex and multifaceted issue’. The convention was drawn up to tackle the widespread concern over health and safety standards in many of the world’s main ship demolition centres, and to introduce new controls over the environmentally hazardous material used onboard many vessels, such as asbestos, heavy metals and hydrocarbons. It addresses the design, construction and operation of ships, as well as their preparation for recycling in a safe and environmentally sound way. Owners will be required to maintain a ship-specific inventory of hazardous materials for new and existing tonnage, with surveys required at various times in a ship’s life to verify the inventory. An appendix to the conven-
tion will set out the materials which are prohibited or restricted for use on ships, and ship breaking yards will be required to provide a plan detailing the way in which each ship will be recycled. Green groups were critical of the convention, with the NGO Platform on Shipbreaking claiming that it would ‘perpetuate hazardous and polluting shipbreaking on the beaches of the world’s poorest countries, whilst obstructing transitions to safer and greener forms of ship recycling’. Another group described it as ‘a major step backwards’ that would be ‘difficult to enforce and puts the responsibility for endof-life ships on flags of convenience and ship recycling states that have until now not enforced their own legislation’.
Checklist aims to cut fire hazards A
A new checklist to help seafarers cut the risk of fire on their ships has been published by the UK P&I Club and the classification society Lloyds Register. The guide is the fourth in a series of pocket checklists that seek to tackle common safety problems and it stresses the scale of the dangers posed by fire, with more than 1,200 peo-
ple killed or missing as a result of shipboard blazes between 2006 and 2008. The checklist covers issues including inspection, testing, servicing and operational procedures, as well as the common causes of fires at sea. Speaking at the launch, UK Club loss prevention officer Karl Lumbers commented:
‘You cannot pay too much attention to avoiding and pre-empting incidents in the first place. ‘Similarly, officers and crew must be rigorous about positioning, condition, maintenance, inspection and testing of all appliances. Most importantly they should be trained and regularly drilled in their use.’
The Jubilee Sailing Trust vessels Tenacious and Lord Nelson, pictured right, helped to kickstart a new Health & Safety Executive (HSE) campaign to improve safety for people working in repair yards. The HSE provided free training sessions for the crews aboard both the tall ships in Southampton, with Hampshire HSE inspector Dennis MacWilliam giving a presentation on his organisation’s work to reduce the risk of accidents in boatyards. The importance of this new campaign is highlighted by the fact that there has been one death and several major injuries in this sector in the last few years. These incidents took place onboard vessels whilst in port, or at boatyards under construction or undergoing repair and refurbishment. Later this year, HSE and local authority inspectors in Hampshire will be visiting boatyards and marinas to inspect the safety of construction and repair work. They will focus on issues such as storage and use of highly flammable liquids, safe design use and maintenance of cranes/hoists used to lift boats, the management and supervision of contractors and the adequacy of ventilation equipment which may be used to remove harmful fumes, vapours and dust from working areas. Mr MacWilliam said the boat building and repair industry forms an important part of the economy of
Hampshire and the Isle of Wight. ‘Many of the smaller businesses in this sector may not have ready access to good health and safety advice,’ he added. ‘Our campaign aims will be to broaden knowledge of best practice, but also to take action where we find dangerous practices or poor control of risks to workers’ health.’ JST ship operations manager Andy Spark added: ‘A recent hot work issue onboard one of our vessels highlighted that it can be all too easy to let your guard down whilst not at sea, particularly when contractors unfamiliar with the risks associated with vessels are working onboard. We are pleased to be working in partnership with the HSE on the promotion of this campaign.’
New plans to tackle HIV P
New initiatives to tackle HIV/Aids among seafarers have been discussed by representatives from the United Nations and all sides of the shipping industry during a three-day meeting in London last month. Delegates at the Global Partnership on HIV and Mobile Workers in the Maritime Sector examined plans for the structure and funding of the group, and its future activities — which include cutting the number of new HIV cases among seafarers and reducing high-risk behaviour. It is hoped that a pilot programme among Filipino seafarers will be launched later this year.
Crew clothing for a
perfect performance
‘Dodgy’ tuna helped cause collision F
A meal of ‘dodgy’ tuna fish caught by the chief engineer of a tanker off the coast of Mexico contributed to an accident in which the vessel suffered damage valued at around US$1.5m. An investigation by the US National Transportation Safety Board (NTSB) found that the master of the 115,000dwt Axel Spirit had suffered four days of diarrhoea and vomiting after eating the fish, which had been served up by the ship’s cook.
The NTSB said the illness may have been affecting the master’s situational awareness and alertness when the Bahamas-flagged ship struck the Ambrose Light while entering New York harbour in November 2007. The collision damaged the light beyond repair and left an 18.3m indent in the starboard side of the Axel Spirit’s hull, although no cargo or fuel was lost. The NTSB report said the master ‘seemed to have lost awareness of the vessel’s position’ and
had also failed to use all resources available to determine the tanker’s position and course. The master was also criticised for failing to communicate effectively with the bridge team and for failing to report the accident until more than seven hours after it occurred. The Axel Spirit was the third ship to have hit the Ambrose Light since it was installed in 1999, and the NTSB said it would have cost around $10m to replace it.
For more information on how we can dress your crew T +44 (0)23 8033 3771 E sales@miller-rayner.co.uk W www.miller-rayner.co.uk
12 | telegraph | nautilusint.org | June 2009
HEALTH&SAFETY
BMT cracks down on human factor
Salvors to the aid of Dutch dredger off Kent coast
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A new drive to tackle ‘human element’ safety problems in shipping has been launched by the UK firm BMT Marine & Offshore Surveys. The company says it is encouraging more owners around the world to use its ship safety management assessment service to identify problem areas in specific vessel and fleet operations. BMT says that even though the ISM Code has been in place for over a decade, there are continuing concerns over a ‘tick box’ approach to safety management and a lack of adequate checks on the effectiveness of safety management systems. Systems could be tightened up, for instance, by ensuring that familiarity with procedures is not lost through crew changeovers, it points out. Operations director Paul Jack-
son added: ‘Our experience so far has led us to believe there is a gap in the market for in-depth independent auditing of ISM safety management systems concentrating on human factor issues. ‘ISM is a statutory certification regime that ships must comply with, but I am not sure that there has been enough digging under the system to look at the practical application.’ Under the equivalent of an audit of corporate quality management systems, BMT specialists look at the whole operation of a ship, including the way it is worked to allow for maintenance. The company already works with the cruise industry to conduct human factor evaluations onboard large cruiseships — looking at the design, location and operation of control equipment, both on the bridge and in enginerooms.
‘Safety lessons lost when ships change owners’ Canada urges IMO to tighten up record-keeping rules
I Club calls for pilotage vigilance Pictured above is a new safety poster issued by the North of England P&I club as part of a programme to cut the number of accidents in pilotage waters. The club said it has moved to highlight the importance of effective working relationships between ships’ bridge teams and pilots in response to a number of accidents. Head of loss prevention Tony Baker commented: ‘Pilotage waters are among the most hazardous environments for shipping, with some of the highest risks of both
collision and grounding. It is thus vital that ship’s officers on the bridge work closely with pilots at all times. ‘The key message is for masters and watchkeepers to concentrate even more on safe navigation when there is a pilot onboard. Pilots are only advisors and their presence does not relieve bridge teams of their duties and obligations for the safety of their ships.’ As well as the poster, the club has published an online case study of a grounding.
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MARITIME TRAINING
Crucial safety information is being lost to ship managers and crews because of the absence of rules requiring maintenance and failure records to be passed on when ships change hands, a new report has warned. And the report — published by Canada’s Transportation Safety Board (TSB) — expresses concern at the International Maritime Organisation’s lack of progress in tackling the problem. The report was produced following an investigation into the grounding of the 6,202gt chemical tanker Sichem Aneline whilst leaving the port of Montreal in April 2007. The Marshall Islands-flagged vessel — which was carrying a 7,781 tonne cargo of benzene — left the navigable channel and grounded following a steering control system failure. Investigators said the most likely cause was ‘an electrical anomaly’ in the steering gear control system circuitry. They found that there were
few historical maintenance records pre-dating January 2007, when a new management company took control of the 1998built vessel. ‘The absence of historical maintenance records inhibited engineers from being able to anticipate and prevent problems likely to occur with critical operational equipment such as steering gear,’ the report adds. TSB said the failure to provide continuous lifetime maintenance records is common, with some ships changing managers two or three times a decade. The nine-year-old Sichem Aneline, for instance, had changed management companies four times. Such failure is likely to lead to a higher risk of machinery failures because of the associated problems in carrying out preventative maintenance and trend analysis. The risk to a ship may be highest when it is changing hands, the report adds, particularly with a new crew that is unfamiliar with a
vessel, its equipment and maintenance history. The report argues that, ‘for the International Safety Management Code to be truly effective, maintenance and failure information on safety-critical components should follow ships for their entire lifetime’. TSB said it had highlighted the problem in another accident investigation, and the issue had also been identified in a UK report on a lifeboat incident following a vessel change of management. Although the UK had taken the case up at the IMO in 2004 — with a call for the ISM Code to include a requirement for records to remain onboard a ship after its sale — TSB noted that there had been little progress so far. ‘Given these safety deficiencies and their recognition by other flag states, the Board is concerned that the IMO has not addressed the risks associated with the non-retention of proper maintenance and failure records,’ the report adds.
Dirty bridge window was a factor in causes of ferry grounding
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A dirty bridge window helped to cause the grounding of a Caledonian MacBrayne ferry earlier this year, accident investigators discovered. The 3,296gt Isle of Arran suffered substantial hull damage after striking the Sgeir Rathaid reef whilst departing from the port of Oban in March. A preliminary examination by the Marine Accident Investigation Branch found that, with the sun directly ahead, the master had found it difficult to see through the dirty bridge
window and had arranged for it to be cleaned. But he also ‘inexplicably’ decided to make an early stop to a turn and although the second officer raised the alert and full astern pitch was applied, the vessel momentarily grounded on the reef. Although the hull was badly damaged, there was no water ingress and no pollution, the report notes. The MAIB said it recognised that CalMac had investigated the incident and taken a number of steps to prevent a repeat.
But it also highlighted the lack of a pre-departure brief, as well as the need to monitor a vessel’s position in relation to an agreed passage plan, and the importance of ensuring that bridge teams are not distracted at critical times by routine husbandry tasks. In a letter to the company, the MAIB’s deputy chief inspector ‘strongly advised’ it to regularly monitor the performance of bridge teams to ensure compliance with procedures and to verify that appropriate standards are being maintained.
Salvage and counter-pollution teams went to the aid of the 67m dipper dredger Goliath, pictured left, after it started sinking off the Kent coast while under tow from the Netherlands to Ireland. The Dutch salvage firm Multraship managed to salve the Van Oordowned vessel and towed it to safety in Moerdijk, Holland, for further inspection. Goliath was under tow by the Sea Contractors tug Sea Alfa when it began making water and sinking off the Kent coast. The tug master was advised to beach the dredger near Deal to prevent the vessel sinking. An inspection showed the water ingress had come through a vent cover and the side shell, and after these were patched and sealed the Goliath was pumped out, refloated and towed to Holland. Picture: Jim Whalley
‘Best practice’ code for Thames craft L
A new ‘best practice’ code seeking to uphold and improve the safety of passenger boat operations on the tidal Thames was launched last month. The Passenger Boat Code was developed in just 10 months by the Port of London Authority (PLA) in collaborative work with the Maritime & Coastguard Agency, London River Services, the Marine Policing Unit, the Company of Watermen and Lightermen, the Passenger Boat Association, several Class V passenger vessel and high speed craft operators and other river users. The code brings together in one place practical advice and an interpretation of regulations that represent best practice for passenger boat operations. Speaking at the launch, PLA chief harbour master David Snelson commented: ‘The development of the code is an important signal that the river community is not complacent about safety. This latest initiative shows the commitment of the river community to constantly improve what we do.’
MARINE TAX SERVICES (CARDIFF) LTD complete service for mariners run by certificated ex-officer qualified accountants always available computerised 100% claims and forecast projection will writing service available 26 High Street, Barry CF62 7EB, South Glamorgan, UK Tel. Barry (01446) 739953 MARINETAX@YAHOO.COM Established 1974
June 2009 | nautilusint.org | telegraph | 13
HEALTH&SAFETY
MAIB warns of heavy weather risks after fatal accident probe Report calls for guidance on sending crew onto deck in adverse conditions
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Accident investigators have raised concern about the lack of formal advice to seafarers over the risks of working on deck in heavy weather. And in response to a fatal accident onboard a Maersk containership last year, the Marine Accident Investigation Branch has called for such guidance to be produced and incorporated into the next revision of the Code of Safe Working Practices. Chief engineer Graham Ross died the day after sustaining serious injuries whilst trying to secure a leaking stores hatch and a loose anchor securing chain onboard the UK-flagged Maersk Kithira in the South China Sea. Mr Ross had gone with the chief officer to investigate the cause of a bosun’s store bridge alarm in force 9 winds and 6m swell whilst sailing from Hong Kong to Xiamen in September 2008. The two men were both knocked down when a wave broke over the forecastle as they were trying to tighten the anchor cable securing chain. The chief officer was knocked unconscious, and the chief engineer died from his injuries early the following morning. The MAIB said it had investigated 17 similar incidents in the past decade in which seafarers had been killed or injured as a result of waves washing inboard while they were working on deck. In the case of the Maersk Kithira, it said there were three points at which the incident might have been prevented — effective securing for sea, proper assessment of the risk presented by the flooding, and proper assessment of the risk of being struck by a wave when going onto the deck in heavy weather. Investigators said the heavy weather checklist used onboard Maersk Kithira was generic, and had not been modified to include vessel-specific details — even though there was a company requirement for this to be done. As a result, the report states,
there was no detailed aide memoire for officers to use to ensure the ship was effectively secured for sea. Investigators said the company’s auditing process had failed to identify that shipboard risk assessments had not been developed, contrary to Maersk’s SMS procedures. They found that none of the officers interviewed had felt fully familiar with the webbased Maersk SMS, which differed from the paper-based system they had used whilst the ship had operated in the P&O Nedlloyd fleet. The report also argues that whilst it was appropriate to investigate the cause of the bilge water alarm, the two men could have assessed the situation and the rate of water ingress from the relative safety of the underdeck passageway. ‘In this case,’ it adds, ‘the rate of water ingress was not excessive, neither was it trivial. The ship was due in the next port in 14 hours’ time, and while of concern the water ingress posed no immediate risk to the ship, and the voyage could have continued with no requirement for anyone to go onto the open deck.’ Although a series of precautions had been taken, the MAIB said the master and officers did not ‘fully appreciate the risk of large waves breaking over the decks in the prevailing conditions, and insufficient information was available onboard the vessel to enable them to make a full risk assessment before embarking on the operation’. Not all the measures listed in the safe job analysis had been applied — and the analysis itself
The Maersk Kithira, above, and the ship’s starboard anchor windlass where two seafarers were knocked down — one sustaining fatal injuries — whilst trying to tighten the anchor cable securing chain in stormy conditions in the South China Sea in September 2008 Pictures: MAIB
failed to consider the additional risk of a crew member being struck by a wave. ‘In the absence of a formal risk assessment, the master, chief officer and chief engineer all underestimated the risk in this regard,’ the report adds. The MAIB said it was concerned by the lack of formal advice to masters about sending crew onto the deck in heavy weather. A proper assessment of the risks would not be possible without detailed guidance and knowledge of the height and frequency of ‘significantly larger waves that may be encountered in the prevailing circumstances’, the report says. It recommends that the MCA develop formal advice for mariners on the risks to be considered when going out onto the open deck in adverse conditions
— to include guidance on the height and frequency of waves that may be encountered, the need for caution when going on deck at night because of the difficulties in assessing the direction and magnitude of approaching waves, and listing control measures that should be adopted when sending crew members onto an open deck in heavy weather. The report notes that Maersk Ship Management has taken steps to amend its safe job analysis guidance, and to provide crew members with training where required. The MCA is consulting on draft guidance for sending crew members on deck in bad weather, and this will be included in the next revision of the Code of Safe Working Practices for merchant seafarers.
Fishing industry told to combat fatigue F
The fishing industry has been urged to do more to combat fatigue amongst crew members following the loss of a vessel off the coast of Ireland in March. The Niamh Aine is pictured above after running aground at the foot of cliffs at Lough Swilly while returning to port at the end of a six-day trip. Accident investigations revealed that the crew had been working up to 18 hours a day on deck, as well as sharing bridge watches at night, and the skipper had fallen asleep as the vessel approached the home port. In a safety flyer issued in response
to the case, the Marine Accident Investigation Branch notes: ‘This sector of the industry has to work hard to remain profitable as it is facing rising costs, reduced catches and lower market prices.’ But it warns that owners must introduce additional control measures to safeguard their vessels and crews, including considering the appropriate manning levels required for each trip based on the hours the crew will have to work each day, and siting the bridge watch alarm in such a way that the watchkeeper has to stand up to re-set it.
MCA promises action on seafarers’ hours O
Plans to combat seafarer fatigue have been listed as a priority in the newly-published Maritime & Coastguard Agency strategy for the next three years. Announcing the package last month, the MCA promised to work with seafarer unions and the shipping industry to ‘develop a coherent strategy to reduce seafarer fatigue’. The MCA said it would concentrate on enforcement of working time regulations, work for international recognition of the problem of fatigue at sea, and seek a ‘cultural shift over the longer term so that excessive working hours are no
longer acceptable’. Other priorities outlined in the MCA’s policy document include measures to improve fishing vessel safety — including making the bridge and engineroom watchkeeping and stability awareness courses mandatory — and to inspect working and living conditions in the fishing fleet. The MCA said it expects to issue approximately 3,000 certificates of competency and 5,000 certificates of equivalent competency, and promised to process 95% of CoCs within 10 working days and to assess 95% of applications for eligibility to sit an exam within 20 working days.
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14 | telegraph | nautilusint.org | June 2009
INTERNATIONAL
shortreports MED MEETING: calls for more action to boost the Mediter-
ranean maritime economy were made by Corrado Antonini, president of Italy’s Federation of the Sea, which brings together shipowners, builders, agents, forwarders, class and insurance associations. He told a European Commission-sponsored meeting in Rome that the development of the Mediterranean maritime economy and its ports should be considered a priority, and stressed the economic benefits that it can generate through trans-shipment ports and motorways of the sea. BIG FUTURE: big ships have a great future, with containership and cruise liner capacity increasing all the time, a new report has concluded. Produced by a group of insurers, owners, operators, transporters, logistics specialists and government representatives, the study argues that there are no technical or economic limits to the size of ships. However, the logistic problems of repairs and safety are far from being resolved, it adds. STRANDED SEAFARERS: the International Transport
Workers’ Federation has come to the aid of nine crew members stranded on the Panamanian-flagged containership Captain Tsarev in the French port of Brest since last November. All but the master and bosun of the Greek-managed vessel have empowered the ITF to fight for months of unpaid salaries totalling some US$56,000. ARCTIC ALARM: the eight countries belonging to the Arctic Council have urged the International Maritime Organisation to ensure adoption of updated and binding guidelines for ships operating in the area. They want the IMO to support the development of mandatory regulations on safety and environmental protection for Arctic waters as a matter of urgency. TAX INQUIRY: the Danish navigators’ union is asking mem-
bers at leading Danish shipping companies Maersk, Torm and Norden to let them know whether they receive an added payment in lieu of a tax cut as part of the country’s tax reform. The deal was agreed last year, but the union is concerned that it may not be paid because of the financial crisis. NEW LINE: the Italian ferry operator Grimaldi Naples has
launched a new weekly freight service between Genoa, Tunis and Tripoli with the 19,524gt vessel Finlandia. Grimaldi is also boosting its freight and passenger services between Rome’s port of Civitavecchia and Catania, Sicily with the Catania, and its GenoaCatania route with the Finnhansa, transferred from Finnlines. OFFICER STRIKE: officers serving with the French ferry firm
SNCM staged a 48-hour strike last month in protest over pay and conditions, workloads and differentials with ratings. Daniel Suzzoni, general secretary of the UGICT-CGT union said negotiations with management had broken up with no progress made and further action was possible. SCRAP RISE: the French environmentalist association Robin des Bois (Robin Hood) says that the crisis in world shipping has led to a big increase in ship-breaking activity. During the first quarter of 2009, 272 ships totalling 2.2m dwt were demolished — almost as much as the whole of 2008, when 288 vessels entered demolition yards. HONG KONG REDUCTION: fleets controlled by Hong Kongbased owners and managers have fallen to 1,511 ships of 92.5m dwt from a record high of 1,540 ships of 98m dwt at the end of 2007, according to new figures from the HK Shipowners’ Association. AFRICAN MOTORWAYS: the European Commission has
revealed plans to launch new ‘motorways of the sea’ between Europe and Africa. The plans are expected to focus on services between Mediterranean ports. ANTWERP VISIT: a record-breaking call to the port of Antwerp has been set with the visit of the 13,978TEU ultra-large containership MSC Beatrice, beating the record set by the 10,061TEU Cosco Asia in September 2007.
Venice visit for Costa’s newest Pictured right making a maiden call to Venice last month is the Costa Luminosa, the newest ship in the Italian operator Costa Cruises fleet. Built by Fincantieri, the 92,700gt vessel is due to be named in a double christening ceremony with the 114,500gt Costa Pacifica in Genoa in early June. The Italian-flagged vessel can accommodate up to 2,828 passengers and 1,050 crew, and has a service speed of 21.5 knots. Following two preview cruises in the eastern Mediterranean, Costa Luminosa will home port in Amsterdam during the summer and will run a series of Baltic cruises. Picture: Eric Houri
Officer jailed for oily waste dumping US justice department warns seafarers after latest case of illicit discharges
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A Spanish chief engineer officer has been jailed for a month and fined US$3,000 for keeping inaccurate oily waste records Carmelo Oria — who was the chief engineer on the Cyprusflagged chemical tanker Nautilus — had admitted maintaining inaccurate records that concealed a discharge of oil-contaminated water from the bilges of the vessel. The case was brought after a US Coast Guard investigation uncovered evidence that Oria had ordered crew members to discharge oily water directly overboard from the Cyprus-owned tanker between January and March 2008. ‘This sentence sends a loud and clear message to crewmembers and companies alike that dumping pollution directly overboard and attempting to conceal it will lead to penalties,’ said John Cruden, acting assistant attorney general for the justice department’s environment and natural resources division. ‘Maritime companies and their employees must understand that violations
Clean-up costs agreement The owners of a Malaysian-flagged bulk carrier that grounded and broke up off Alaska in December 2004 have agreed to pay a further US$845,000 to settle a claim for clean-up costs. IMC Shipping — which has already been fined $10m for the incident — is paying the money to the state of Alaska to cover the costs of wreck removal and dealing with the pollution caused by the bulker Selen-
dang Ayu. Six crew members died when the ship grounded and broke up in the Aleutian islands after engineers were unable to re-start an engine that had been shut down for maintenance work. The total bill from the loss is expected to come out at more than $200m, with the state of Alaska still seeking further damages claims arising from the bunker pollution.
of our nation’s laws are serious and the justice department stands ready to prosecute those who choose to ignore them.’ A South Korean shipping company has been fined US$2m in the latest oily waste dumping case in the United States. And one of its chief engineer officers is facing up to six years in prison for his role in dumping oily waste from the bulker carrier Ocean Jade and seeking to cover it up by making false log book entries.
STX Pan Ocean agreed to pay the fine after pleading guilty to conspiracy, as well as falsifying and failing to properly maintain records meant to ensure compliance with maritime pollution laws. The dumping incidents were said to have taken place between July and September 2008, and on one occasion the Ocean Jade’s chief engineer, Hong Hak Kang, was said to have ordered crew members to dump about 10 barrels containing oily waste water directly overboard into the ocean.
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On another occasion, the court heard, a senior officer had instructed several members of the deck department to dispose of oily waste from the crane houses directly into the ocean using a flexible plastic hose that was draped over the side of the vessel. The chief engineer is alleged to have also made entries into the Ocean Jade’s oil record book by applying a pre-established formula, rather than recording the actual amounts of oily waste and sludge transferred, burned or discharged. Hong, a Korean citizen, has also pleaded guilty to failing to maintain environmental records and making false statements. He faces a maximum penalty of six years in federal prison, a $250,000 fine and three years of supervised release. STX Pan Ocean is also making a $250,000 donation to an environmental protection body, and has agreed to implement a detailed environmental compliance plan, which requires monitoring of its fleet-wide operations over the course of four years.
New seafarer ID rules in the US F
New seafarer ID rules have been introduced in the United States — affecting both foreign and domestic seafarers. Jessica Dennis, a regulatory compliance manager for Hornbeck Offshore, is pictured right becoming the first seafarer to receive the new US Coast Guard consolidated Merchant Mariner Credential (MMC). The MMC consolidates up to four separate credentials issued to merchant mariners into a single document, and also streamlines the application process for seafarers with US Transportation Worker Identification Credentials. And, with effect from 28 May,
seafarers serving on ships in US waters will be required to carry Coast Guard-approved identification documents. The ID rules affect seafarers
on foreign commercial vessels operating in US waters and calling at US ports, and crew members aboard US commercial vessels returning from a foreign port. Crew members will be required to possess and provide on demand one of the following acceptable identification documents: a passport; a US permanent resident card; a US merchant mariner document; a US MMC or TWIC; or a seafarer’s identification document issued by a country signatory to the International Labour Organisation Convention 185. Vessel operators will also be required to ensure that crew members comply with the regulation.
June 2009 | nautilusint.org | telegraph | 15
INTERNATIONAL
shortreports
NZ union alarmed as holes help to cut crew
FERRY OPTIMISM: European ferry passenger traffic could increase by 5% despite the economic crisis, according to one of the organisers of the recent 9th Ferry Shipping Conference. BoLennart Thorbjörnsson told the 370 delegates at the meeting, held onboard an SNCM ferry: ‘The crisis is an opportunity for passenger shipping, as people will go on holiday to places nearer to where they live — a good thing for ferry companies’. However, he warned that freight traffic could fall by between 15 to 25% in some parts of Europe. FRENCH FINE: the Brest maritime court prosecutor has demanded a €700,000 fine on Famco, the operator of the Egyptian freighter Al Esraa, which was spotted trailing a 14km-long oil slick in the Ushant traffic separation system off Brittany on 29 September 2008. The master — who will have to pay 10% of the fine — did not deny the pollution, but said it was due to cleaning a tank that was not supposed to contain oil-derived products.
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A New Zealand shipping company has been allowed to drill holes in the bow of one of its vessels to enable it to operate with fewer crew than would normally be required. The regulatory authority Maritime NZ said the Coastal Bulk Shipping fertiliser carrier could be classed as being under 45m after holes were drilled to create a ‘false’ bow — with a secondary watertight bulkhead being placed further aft. The move has been met with dismay by the New Zealand Merchant Service Guild. ‘We are very unhappy with Maritime NZ’s over-eagerness to accommodate shipowners by “interpreting” international standards or granting exemptions from them, so as to reduce compliance costs for shipowners here,’ general secretary Helen Mcara told the Telegraph. ‘We think the concept of “different interpretations” of international standards is ridiculous and just a convenient excuse. If the rules were enforced, this company could still operate the vessel, just at a higher cost.’ The vessel, Anatoki, is actually 48.6m loa, but because of the modifications it has been classed as under 45m and therefore exempt from international safety rules. John Mansell, Maritime NZ operations general manager, was quoted defending the approval — arguing that the ship complied with ‘all required New Zealand standards... consistent with international safety conventions’. He said the ‘false bow’ is stronger than the previous bow because of watertight internal modifications behind the holes. Anatoki had previously operated in Japan with a crew of three, and will run with four seafarers in New Zealand — instead of the seven that would have been required without the modifications.
Lay-up registry P
Panama — the world’s largest flag — has announced a new registry for laid-up ships. Launched in an effort to help shipping companies cope with the slump in seaborne trade, the registry offers fee reductions of as much as 50%. Ships using the registry are not allowed to be used for navigation.
BREAKING CALL: the leading French maritime union CGT has presented the government with plans to clean up the shipbreaking industry, through a programme to develop national facilities offering high health, safety and environmental standards to deal with toxic materials from merchant and military vessels.
Biggest Dutch-built ship since 1990 launched Pictured above is the launch last month of the largest dredger ever built in the Netherlands — the 31,000 cu m hopper capacity vessel Vox Maxima. Named and launched at the IHC Merwede yard by HRH Princess Máxima of the Netherlands, the
53,839dwt vessel is also the largest to be built at a Dutch shipyard since 1990. The trailing suction hopper dredger will be capable of dredging to depths of 125m and is set to enter into service with the Van Oord fleet later this year.
MARSHALL PLAN: the Marshall Islands register is growing so fast that authorities claim it is set to overtake the Bahamas to become the world’s third biggest ship register next year. The flag presently has around 2,000 ships of 49m dwt on its books, and believes it can hit the 55m dwt mark by the end of the year.
SeaFrance unions table alternative cost-cutting plans
PIRATE ‘TAX’: French shipowners have rejected proposals for
a €1 per tonne levy on cargoes going through the Suez Canal to fund anti-piracy patrols in the Gulf of Aden. The owners’ organisation Armateurs de France described the tax plan as an ‘extra burden’ and said it rejected the ‘privatisation’ of maritime safety. COURT CALL: Russian president Dmitry Medvedev has called for the establishment of an international court to try alleged pirates. His statement followed the seizure of a pirate vessel off the coast of Somalia and the arrest of 29 suspects. Russia is undecided as to where the suspects should be tried. SHORTSEA GO-AHEAD: a top-level summit meeting between Spain and France has given the green light to two European Commission-subsidised shortsea shipping routes between the two countries. The agreement is expected to take up to 100,000 lorries off the roads and onto ships every year. MALTESE ORDER: Virtu Ferries — which runs a service
Seafarers seek to avert threat of compulsory job losses
between Malta and Sicily — has ordered a 107m, 800-passenger and 230 car capacity high-speed catamaran from West Australia’s Austal Ships. Delivery of the £54m Jean de la Valette is earmarked for August 2010.
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MED RUN: Denmark’s Scandinavian Shipping Investment Company and Tunisian-based Med Sea SA have announced a new regular ro-ro service between Marseilles and Tunis. Two Finnish ro-ros are to operate the Fastmed route, running three services a week.
Seafarers working for the Dover-Calais ferry firm SeaFrance have tabled counter-proposals that seek to avert the threat of massive job losses. The unions have rejected the company’s initial cost-cutting proposals — which would have cut the workforce by around 40% and reduced the fleet to just three vessels — but were awaited a promised revised reorganisation plan late last month. The CGT and CFDT unions have put forward alternative rescue packages that they say would save most jobs among the operator’s 1,600-strong workforce. The CFDT union — which holds a majority among the ratings — insists that SNCF, the French rail operator that owns SeaFrance, should not have to dismiss any of the workforce. It says sufficient savings can be
Pictured right is Mein Schiff (My Ship) — the first vessel to be deployed in Germany’s new TUI Cruises fleet. Named after a national competition which attracted some 30,000 entries, the 76,988gt vessel was formerly the Celebrity Cruises’ Celebrity Galaxy and was converted for the new joint venture between TUI and Royal Caribbean Cruises. The new brand is designed to serve the growing German cruise market — which is predicted to grow by 11% this year from the 906,000 Germans who took cruises in 2008. Mein Schiff can carry up to 1,914 passengers and will sail in the Baltic for the 2009 summer season before switching to the Caribbean for the winter.
made with around 150 early retirements. Four of the operator’s five ferries would be needed, the union says, with the fifth kept in reserve as a replacement vessel or for use during peak periods. CFDT believes SeaFrance’s losses could be kept to €11m this year and to €300,000 or even break-even in 2010, down from €34m last year. The CGT ratings’ and officers’ union advanced a comparable analysis of SeaFrance’s situation and similar proposals. CGT officers’ delegate Jacques Brouyer said the company would have to restructure, but could thrive with 300 fewer employees and the use of four ferries. SeaFrance has promised to consider the union proposals before responding with its revised cost-cutting plans. Deputy general manager Vincent Launay said the company’s
financial situation remains fragile and action is essential. ‘What comes out clearly is that, in every situation, SeaFrance must reorganise itself profoundly and rapidly,’ he added. Management did not indicate whether Brittany Ferries, or another company, would be taking a share in the SeaFrance operations following the withdrawal of Louis Dreyfus Armateurs’ bid for the firm. Unions expected a revised plan to be tabled by the company at the SeaFrance works council meeting on 28 May. Under this, it would appear that four ferries would be retained, rather than the three in its initial plan. Unions also believe the company will propose a reduced number of reduancies than the 650 it suggested initially, none of which apparently would be compulsory.
DANISH RECORD: Danish maritime authorities are hailing a
new milestone for the country’s three ship registers — national, international and boats — with a total of 12,000 vessels of more than 11m gt on the books. SNCM ADDITION: French Mediterranean ferry firm SNCM
has inaugurated its new ferry, the 30,285gt Jean Nicoli, bringing to 11 the number of vessels in its fleet. The vessel operates between Marseilles and Porto-Vecchio, in Corsica. BAHRAIN BOOST: Bahrain’s ship registry last year welcomed a record 49 new ships to its flag, giving a total of 309 vessels totalling 758,681gt — up from 534,445gt in 2007. DUTCH CONNECTION: two Dutch companies are to launch
a reefer container service carrying fruit and vegetables between Dunkirk and southern Spain.
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16 | telegraph nautilusint.org | June 2009
YOUR LETTERS
Survey Life at sea; better or worse? Take part in the ‘Conditions for Change’ Survey at nautilusint.org now!
World trip
What’s on your mind? Tell your colleagues in Nautilus International – and the wider world of shipping. Keep your letter to a maximum 300 words if you can – though longer contributions will be considered. Use a pen name or just your membership if you don’t want to be identified – say so in an accompanying note – but you must let the Telegraph have your name, address and membership number. Send your letter to the Editor, Telegraph, Nautilus International, 750-760 High Road, Leytonstone, London E11 3BB, or use head office fax +44 (0)20 8530 1015, or email telegraph@nautilusint.org
[ STAR LETTER
Lights row: a view from the sharp end After reading the article in the May Telegraph headlined ‘UK light dues dispute’, I thought your readers may be interested in a view from the sharp end of the day to day provision and maintenance of navigation aids around the UK. I have worked for the Northern Lighthouse Board (NLB) on their tenders for the last 23 years, sailing as master since 1995. Prior to this I was 12 years working worldwide in the Merchant Navy. I therefore must declare my interest, but I am also a user of navaids and our normal work pattern involves very close proximity to hazards known and unknown. Navaids continue to evolve, but nonetheless all mariners need them in one form or another, and the technology today is a far cry from what was available when I started in the 1970s. How many deck officers now have to use horizontal and vertical sextant angles, rising and dipping distances, running fixes etc? All parties are agreed that the vast majority of vessels are now equipped with DGPS
and electronic charts, and moves are soon to be made to make carriage of ECIDS compulsory. Nevertheless, those are all aids to navigation, and ultimately depend on factors outwith the control of the OOW. When all else fails, the navigator has fixed navaids ashore and afloat to help fix his position. The three General Lighthouse Authorities (GLAs) which cover the UK and Ireland have statutory responsibility to provide and maintain navaids around our coasts. With the introduction of the Ports Act each individual port or harbour authority now has responsibility for their area, but the GLAs cover the rest of the coast. The GLAs take this responsibility very seriously and one of the main concerns is the dependence on GPS, which is an American owned and controlled system. We are continually involved in research for alternatives, eg e-Loran and Galileo. The system of light dues is the responsibility of the government of the day, and is administered by the Department for Transport. The GLAs
Have your say online Last month we asked: Do you think there is a danger that pirate attacks will get more violent if naval forces use lethal force to recover ships and seafarers?
Yes 43.1% No 56.9%
There’s no poll this month because of website updates: but why not take part in the Nautilus conditions at sea survey instead? You can give us your views online, at nautilusint.org
have to work within government spending guidelines and are continually striving to reduce running costs. As an example, the NLB is operating at costs of 40% down in real terms since 1993. Our mission statement is ‘to deliver a reliable, efficient and cost effective network of Aids to Navigation for the benefit and safety of all Mariners’. The motto of the Board ‘In Salutem Omnium’ — For the safety of all- is still as valid today as it was 223 years ago. The Independent Light Dues Forum is quite correct in the article by stating ‘Increases… have not been seen over the last two decades’. The last increase was in 1993 and the cap reduced to 35,000t. There have been no increases in line with inflation — so, in effect, the income stream from light dues has been decreasing in real terms since then. The worldwide financial climate during the past 20 years has sustained this with investments remaining healthy. The GLAs have managed their funds very well and were able to modernise their fleet to provide a better, more efficient service with modern ships. This will ultimately reduce running costs, and we are able to work in more extreme weather conditions to better respond to navaid casualties. The light dues system was completely revised in 1987. In the following years the rate per tonne, tonnage cap and number of chargeable voyages has fluctuated. Light dues currently stand at 35p per nrt, having been reduced from 39p in 2006. This was following pressure from the shipowners, but the understanding was that, should financial conditions dictate, the rate would have to increase. As an example, in 1987 a 50,000t vessel on its fifth visit to a UK port would have paid £86,500. Under the new rates being proposed the same vessel will now pay £102,500. This represents an increase of 18%. During the same period the RPI has increased 207%. There is much mention made of the fact that there are three GLAs to cover the UK and Ireland. Indeed, if you were to start with a clean sheet today you would go for one authority. However, the three GLAs work very closely together, sharing research and development on many aspects of our work. Regular meetings ensure that very little duplication goes on,
I enjoyed a recent round-the-world trip on Andrew Weir’s cargoship Tikeibank. There were up to four British cadets onboard. I was impressed by their enthusiasm and commitment for the job. They carried out much onerous day work in tropical heat under the ‘hard case’ Russian bosun, as well as standing bridge watches at other times. They never seemed downhearted by the long hours and the physical demands of their work aboard. They were all bright and articulate too. If they are a sample of the new cadets in training, the future of the merchant service would appear to be in good hands. Incidentally, every issue of the Telegraph was read from cover to cover by the passengers, as well as the officers. It was full of informative articles, including those on the Somali pirates. This latter gave us a very good idea of the threat. MIKE STAMMERS Curator Emeritus Merseyside Maritime Museum
Thanks Thank you for the great article about the Tony McGinnity Award in the May Telegraph, received today. Only one slight comment — we are not all masters; in fact our chairman is an exengineer, as are many of the members. Just want to get it on record before I get lynched! (I am an ex-RO). TED SANDLE Press Secretary The Merchant Mariners of Wight
Wrong pic with none working unilaterally. The geographical spread from Muckle Flugga in the north, to the Channel Islands in the south, and west to the Shannon means that experience and knowledge of each area is essential. The size of the GLA fleet has been reduced over the years so that we are now in the situation of having the optimum number to provide 365 days, 24/7 cover to respond to outages, groundings, wreck marking, pollution incidents etc round the coast. There are no ‘sides’ in this debate — we are all striving
to achieve the same aim. The shipowner is running a business to make the best profit for his shareholders, the government is responsible for feeding and clothing the citizens of the country, and the GLAs have been charged with ensuring that the seaborne part of the equation is completed safely. CAPTAIN ERIC SMITH NLV Pharos mem no 151193 Picture: The Mull of Galloway lighthouse, which has a lamp array Arnaud Spani/NLB
The letter concerning the Furness Withy reunion immediately sparked my interest, as the Canadian Pacific liners which cruised out of New York in the 1960s winters used to tie up at the pier on the Hudson River next to FW’s Ocean Monarch and Queen of Bermuda. Furness Withy were the agents for CP in New York at that time. The ship you have shown at the bottom is not FW’s Ocean Monarch, but CP’s original Empress of England, launched in 1956 but sold to Shaw Savill in 1970 and renamed Ocean Monarch after a long refit in Cammell Laird’s yard in Birkenhead. She is shown in her Shaw Savill livery. The Empress of England was my first ship, and I joined her in Liverpool as a cadet purser in November 1962. ANDREW SLEATH mem no 111473
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Maritime Open Learning Courses: NVQ Level 3 Deck and Engineering courses leading to STCW. 95 officer of the watch certificates. Surveying courses available through the school of Marine Surveying. Distance Learning courses for Marine Surveying, Ship Management and Ship Superintendency, offered in partnership with Lloyds Maritime Academy.
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16/4/09 14:29:58
June 2009 | telegraph nautilusint.org | 17
YOUR LETTERS
Shipmates Reunited
THE VIEW FROM MUIRHEAD
telegraph STAFF editor: Andrew Linington production editor: June Cattini reporters: Mike Gerber Sarah Robinson web editor: Matthew Louw
Wish you’d kept in touch with that colleague from work? Nautilus International’s friend-finding notice board is visited by seafarers across the globe and enables you to get in contact. To post a message on the notice board, visit www.nautilusint.org/time-out and click on Shipmates Reunited.
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CoC rules put career at risk I am wondering if you are able to assist me in a small problem that I seem to have regarding my career as a chief engineer. I was granted a CoC Chief Engineer Officer on 18 March 2002 under the STCW regulations 1997. This is where my problem starts, the CoC has limitations attached to the fact that I can operate up to and within a 30-mile safe haven on the coast of the UK and Ireland. This limitation is on all the capacities within my CoC. I am now told that the company I am currently employed by will start to trade on the continent. This is outside my limitations, so I will be made unemployed — though I cannot find any reference to the type of CoC restrictions I have in the MCA notice to mariners. All the information I can find refers to: A1 LEA — Limited European Area 150-mile near coastal A2 EEA — Extended European Area
A 3 Near Coastal — within 150 miles of a safe haven in the UK and 30 miles from a safe haven in Eire I am told that I need to complete the following examinations: A 1: Engineering Sciences I & II A 2: Engineering Knowledge I & II A 3: MCA oral As well as the MNTB workshop operation level (3 to 4 months) and STCW advanced safety courses (already have). I would like to have in plain English why I am restricted in such a degree? I am able to pass the oral exam and to satisfy the MCA in order to gain a Chief Engineers 3/II CoC. It would appear that I am quite capable of watch keeping a vessel of 3000kW in busy shipping areas, but not so in open waters. Can someone tell me the difference between watch keeping in a river to that of watch keeping 150 miles off the coast? I have done both, and to me the job is harder within the shipping lanes where the need for diligence and knowl-
edge of the whole ship is required to a greater degree, where if a problem does arise it has to be addressed quickly and correctly in order to minimise or avoid incident. At the 150 mile range there is more time to inform surrounding shipping so they have room to manoeuvre. I just want to keep my job, one I do very well, though during these times I see the unemployment line approaching very fast. No doubt that there will be a replacement for me, it is sad that I have been an engineer aboard ships for 30 years to which my knowledge base will be lost. R. ADDISON
As the victim of a pirate attack myself, I was very interested to listen to an interview with Maersk Alabama captain Richard Phillips on American television recently. Captain Phillips self-effacingly told how he’d pushed one of the pirates overboard through an open hatch in his lifeboat without the other two pirates noticing. The pirate left behind his AK37 assault rifle and Capt Phillips immediately took procession of it. At that moment in time, Capt Philips had the opportunity to shoot dead both the remaining pirates. However, Capt Philips told the interviewer he was not a military man and described how instead he dived overboard and tried unsuccessfully to swim away. I understand that Capt Phillips has since advocated arming ranking officers aboard vessels transiting piracy-prone waters. Why did he say this, when clearly he himself was not prepared to kill another man even when his own life was at threat? It is all very well for military men to dictate to civilian seafarers that they should take more responsibility for their own safety by arming themselves, but there is absolutely no point in giving a man a weapon unless he is prepared to use it. Machinegun-wielding pirates facing armed seafarers will not spend a lot of time wondering if the seafarers will actually shoot back. In an online poll being conducted by Nautilus, the majority of British and Dutch ships officers believe that arming seafarers will make the situation worse. Unfortunately, where the United States goes, the rest of the shipping industry will follow. Nautilus must make a stand now and demand that the United Nations does whatever it takes to stop these pirate attacks. Giving civilians weapons and demanding they protect themselves against criminals is a recipe for disaster. PETER NEWTON mem no 158963
SENIOR NATIONAL SECRETARY ALLAN GRAVESON REPLIES: The skills requirements for officers are different for vessels trading outwith the UK. Nautilus is able to advise and assist members on how to progress their certification with the MCA.
I’m fed up with hearing about officer shortage I would like to voice my frustration and disgust with regards to this so-called ‘worldwide shortage of officers situation.’ I have been reading the Telegraph and have been a Nautilus member for over 10 years now and every month during this time there is always an article (usually front page) in the Telegraph talking about this so-called officer shortage. How comes if theres such a shortage in the world that I have trouble finding work at sea? I have a class two deck officer’s CoC with a good clean record and have much seafaring experience sailing on tankers, small bulkers, ferries and now the offshore oil and gas industry, yet finding a job at sea is getting very difficult. There is NO shortage of officers in this world, but in my opinion and experience a shortage of companies that still employ British officers. The British officer is competing against too many cheaper nations in the world today and of course the shipping companies will employ the cheaper crews. I have twice lost my job as a 2/0 and C/O to foreign crews because of being paid a higher wage than my relief who was on a much cheaper day rate than myself. To make
Arming seafarers is a recipe for disaster
it worse, this was on a British flag ro-pax ferry in the UK sailing between two British ports — quite a disgrace and yet another example of the British Merchant Navy letting its men down. Recently I was job seeking and the feedback I was getting was we do not employ British officers. I wonder why this is? Because supposedly there’s an officer shortage and jobs should be in copious amounts? This situation was the same before the financial crisis evolved. Thankfully, I now live and work in Australia where our jobs are secured by a very strong union movement —but if I were to sail overseas I would stand very little or no chance in gaining employment due to the cheap labour market. I am fed up reading and listening to this worldwide officer shortage, because it is total nonsense. I’m sure whoever is reading this letter will agree and may at some stage in their careers have experienced this to be true. There are plenty of jobs around, even in this downturn, but very few if you are from a developed nation. DECKLAND ROLFE mem no 184705
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Our effective protection PIRACY OFF Somalia is not a new phenomenon. These photographs were taken in the summer of 1995, showing our very
effective anti-piracy measures onboard mv Tamapatcharee. MURDO MORRISON mem no 095020
general: enquiries@nautilusint.org membership: membership@nautilusint.org legal: legal@nautilusint.org Telegraph: telegraph@nautilusint.org industrial south: industrialsouth@nautilusint.org industrial north: industrialnorth@nautilusint.org
THE ROYAL ALFRED SEAFARERS’ SOCIETY BELVEDERE HOUSE provides quality nursing care, residential and sheltered accommodation primarily for Seafarers and their dependants offering modern en suite rooms and sheltered flats set in 14 acres of lovely Surrey countryside. For further information, please contact the
Royal Alfred 6 x 2.indd 1
central services: centralservices@nautilusint.org
Chief Executive, Commander Brian Boxall-Hunt OBE, Head Office, Weston Acres, Woodmansterne Lane, Banstead, Surrey SM7 3HA.
Tel: 01737 353763 www.royalalfredseafarers.com Reg Charity No 209776 Est 1865
welfare: welfare@nautilusint.org professional and technical: protech@nautilusint.org Nautilus International also administers the NUMAST Welfare Funds and the J W Slater Fund, which are registered charities.
20/2/09 14:17:46
18 | telegraph nautilusint.org | June 2009
YOUR LETTERS
Changing face of the Union has all been for the very best Whilst joining, what was then, the Merchant Navy & Airline Officers’ Association (MNAOA) in 1964 I did not become active within the Union until 1978 when I was elected liaison officer onboard the Norsky and member of the national ferries committee, attending my first BGM at Newcastle in 1979. In 1981 I was elected to Council and the committees associated with it. A great flurry of activity was taking place to ensure the smooth amalgamation with the Radio & Electronic Officers’ Union (REOU) and the Mercantile Marine Service Association (MMSA), which it duly did in 1985 to form NUMAST. Upon taking up command in 1995 the company made it quite clear that they believed my trade union activities conflicted with being the company’s representative so I, reluctantly, did not seek re-election to Council following that. However, I did join the NUMAST welfare funds committee in 1999 and was pleased to be able to continue my association there. I retired from active sea-going service in 2004 but still took a great interest in NUMAST’s affairs and was at the BGM for the name change to Nautilus UK and fully supported the close cooperation with Nautilus NL. This year I was very pleased to be at the BGM in Newcastle, seeing the birth of Nautilus International. The Union will be much stronger and better prepared to meet the international challenges ahead with our Dutch colleagues. It is fitting that Newcastle should also be my last BGM and would urge all members to become actively involved and attend future branch meetings and general meetings of the combined unions. I have seen many changes, for the better, in our Union, in the years that I have been involved, mainly under the guidance of Brian Orrell, Peter McEwen and the staff in Leytonstone and Wallasey. I wish the new general secretary, Mark Dickinson, and Nautilus International continued success in attending to the aims and objectives for the benefit of a truly international membership. RUSS GARBUTT Retired ships master mem no 071248
ROs repeat Marconi’s call In the early hours of Marconi Day, 25 April 2009, a Morse contact was made from Fort Perch Rock with a Canadian station VO1MRC in St John’s Newfoundland on 501.2Khz using Marconi equipment — repeating the effort made by Marconi himself so many years ago. This was the fulfilment of frantic work carried out by a group of ex Marconi and Kelvin Hughes radio officers and local amateur radio enthusiasts. We also had the muscle of the fine body of men from 610 City of Chester Squadron who rigged the over 600ft aerial from the Fort to the Rock Lighthouse. This year is 100 years since Marconi set-up on the sands at Crosby
(just across the river from the Fort) the world’s first training school, commercial radio station and maintenance depot — the beginning of a worldwide maritime communication and service organisation, which nearly lasted for 100 years and is sadly missed today. STAN MCNALLY mem no 445596 The guys in the photo are, left to right: Clive Evans (serving ETO); Mike Goulboourne (ex KH RO); Graham Brown (radar technician, seated); John Hudson (ex KH RO).
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The University for business and the professions
June 2009 | nautilusint.org | telegraph | 19
PROFILE Mark Dickinson is the first general secretary of Nautilus International. A former navigating officer, he served a cadetship with Bank Line and worked at sea from 1978 to 1987 before going ashore to study at the University of Wales and the London School of Economics. He began work for the Union in January 2000, moving from the International Transport Workers’ Federation, where he was assistant general secretary. Shortly after taking up the leadership of the new Union last month, he answered these 20 questions posed by the Telegraph…
Making a Mark for Nautilus members y
Why did you decide to become a seafarer? I grew up on Merseyside surrounded by the sea and ships. My father had been to sea and my uncle was at sea, and in those days you also had the MNE at Mann Island in Liverpool — so there was a focus for information about career opportunities in the MN. Apart from that, I wanted to see the world, get a good education and a career with prospects for advancement. All of which the Merchant Navy offered. It still does!
tion of seafarers and the modernday scourge of piracy. the Union? y At the time there was a closed Why did you join
Making sure that Nautilus International is successful and delivers on the aspirations of its members.
y
shop — but, to be frank, in my family trade unionism was a strong tradition. Unions are there to protect you, so why wouldn’t you join one?
How do you think you can best meet that aim? By providing strong and articulate leadership and by focusing on our strategic objectives and priorities.
yprofessionals join today? The backing and support of a
ywill members notice under your leadership?
of Jacques Cousteau and wanted to sail the world on the Calypso, diving in lots of exotic places. My school careers teacher soon brought me down to earth.
strong professional trade union organisation is as crucial now as it has been at any time. For one thing, criminalisation is on the rise — and in the British and Dutch maritime industry there is only one organisation that is focused on supporting maritime professionals and that is Nautilus International.
I am not sure members will notice much difference. My style will be different, but I will be building on the foundations laid by my predecessors. And very strong foundations they are too, as Nautilus UK and Nautilus NL have very proud histories and strong traditions of support to members.
y
y
y
ybeen? A marine biologist. I was a big fan What else might you have
What have been the most radical changes since you first went to sea? Ship and crew sizes, and technological advances — or, to sum it up, containerisation. My first ship was mv Crestbank — about 19,000dwt — a multi-purpose general cargo vessel. She seemed so massive at the time and we had a crew of 40 or more.
y
What have been the most welcome/unwelcome recent developments in the industry? Welcome — this has to be the international Maritime Labour Convention 2006. Unwelcome — criminalisa-
Why should maritime
Why did you want to become general secretary? I have always had a strong sense of community service and a desire to get involved in things, to try to make things better, and have therefore never shirked responsibility or stood back when leadership was required. After nine years as a senior official of NUMAST and then Nautilus UK, when the time came I felt I had the qualities to make a good leader for Nautilus International.
y
As the first leader of Nautilus International, what is your main priority?
What differences from the past
What do you think are the biggest challenges that face you?
I don’t see them as challenges — more as opportunities — and as I outlined to the members in my election statement, I have set myself certain goals which include delivering the Union’s strategic objectives, expanding services and improving communications and exploiting new information opportunities. I also believe we need to increase membership involvement and participation, and enhance the role of our lay representatives — whether they are liaison officers or partnership delegates. Growing Nautilus and embedding the new structures to ensure the success of a ‘one union’ culture and a strong team ethos are also key priorities. And, finally, strengthening the Union through recruitment and enhanced organising capacity. Oh, and campaigning on issues such as fatigue, pensions
and criminalisation. That should keep me busy!
do most to tackle the problems yfor shipping in traditional mari- affy time nations such as the Netherlands ecting international shipping? Do you think there is a future
and the UK? Yes. I am full of optimism for the shipping industry generally, but specifically in the UK and the Netherlands. Obviously our destiny is not entirely in our hands, we do need our governments to continue to value shipping and ensure that the necessary fiscal support is provided for training, etc. And we need shipowners to commit to training and employing more British and Dutch seafarers.
y
Do you think there is a future for maritime professionals in traditional maritime nations such as the Netherlands and the UK? I believe that there will always be a place in any successful business for highly trained and qualified professionals. Increasingly, and with the growth of the global maritime labour market, companies are sourcing talent from wherever they can find it — so any nation that consistently produces quality seafarers will find those seafarers being sought after. Our challenge is to ensure that our maritime professionals are paid appropriately for their skills and professionalism.
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”
What single measure would
The Maritime Labour Convention!
y
What message do you have for shipowners? For good and progressive shipowners dedicated to employing our members, I say let us work together towards mutually beneficial outcomes. To bad shipowners, I say be afraid — be very afraid!
y
Do you want to see Nautilus International expand to other countries than the UK and the Netherlands? For sure. I think our model of an international trade union dedicated to working in parallel with the global and regional trade union federations (such as the ITF and ETF) should be attractive to others — if not to actually join with us, perhaps to forge their own alliances nationally and regionally. NI is ground-breaking and will change the face of trade unionism.
yfree time (do you get any free time)?
What do you like doing in your
What single measure would be
To stay sane in any high-pressure job you need an alternative focus and for that to flourish you have to make time for yourself away from work. My passion is motorbiking (including the odd race from time to time) and I like to spend as much time as possible with my family (I am married to Keiko and we have two children Mimi (13) and Kai (11)).
The ratification and enforcement of the Maritime Labour Convention 2006. It will help make decent work the norm and establish a level playing field, thereby contributing to achieve-
How would you like to be remembered? As a decent bloke who did his best for his members (and of course as a good husband, a good father and a half decent motorbike racer!).
ythe current problems facing members in both countries?
What or who do you blame for
The backing of a strong union is as crucial now as it ever has been
ment of secure employment for our members.
Globalisation. But globalisation offers opportunities too, which we need to exploit fully.
yof most benefit to members in both countries?
y
20 | telegraph | nautilusint.org | June 2009
LAY UP CONFERENCE Marine insurers, shipowners, managers and other experts met in London last month to consider the challenges posed by the growing volume of laid-up tonnage. MIKE GERBER reports on the debates... Car carriers idle in Southampton last month Picture: Gary Davies/Maritime Photographic
Industry urged to take care of laid-up ships J
Suddenly, shipowners are confronted with a weighty dilemma — literally so. Namely, what should they do with the gross overtonnage in the world fleet now that the superboom wave of trade that swept the industry aloft in recent years has crashed on the rocks of recession? Everything points to ship layups on a hitherto unprecedented scale, made worse by the massive volume of tonnage on order around the world. A two-day lay-up conference was staged at the Institute of Marine Engineering, Science and
Technology (IMarEST) in London last month to wrestle with the question, to lay-up or not — and if so, how best to go about it? Even the experts conceded they were scrabbling for answers in an industry that faces challenges far more daunting technologically and eco-politically than those experienced in the lay-up crises of the 1970s and 1980s. Today’s modern vessel’s are packed with sophisticated electronic and computerised systems, said conference chairman Michael Grey, the former Lloyd’s List editor. ‘Moving such a ship from a lay-by anchorage with its
crew in place, to long-term cold lay-up is clearly a far more significant decision, with so much more vulnerable equipment, that represents a significant portion of the ship’s value.’ With suggestions that at least 10% of the world fleet might require long-term ‘cold’ lay-up, he warned: ‘Lay-up anchorages may be increasingly difficult to discover, with governments, local authorities and the general public increasingly reluctant to countenance the presence of large numbers of unwanted ships on their doorsteps. There is a concern about pollution and
safety that is far more ingrained and dogmatic than 30 years ago.’ Jon Barnes, editor of IMarEST journal MER, showed how the economic downturn was having ‘a staggering impact’ on virtually all sectors of the industry. Gloomier still in his prognosis was Paul Dowell, of shipbrokers Howe Robinson, who warned that shipping is facing a ‘capacity timebomb’ thanks to over-ordering in recent years. ‘It’s a fact that in the last six years, more was spent on shipping than in the previous 23 years,’ he pointed out. ‘Between 2002 and 2008, the industry spent $7.5 trillion, of which half a trillion dollars is yet to deliver. We believe, regardless of what we talk about demand – the potential of China, or India – at the moment there’s no realistic combination of employment or scrapping that can possibly absorb the amount of ships which have been ordered.’ Captain Colin Harrison, port and logistics director of Able UK, said his company’s Teesside facilities were home to a range of laid-up vessels, including two 55,000gt containerships. He questioned how the industry could cope if large numbers of cruiseships were made idle. Michael Laurie, of BMT Marine & Offshore Surveys, stressed the requirements of maintaining security, safety and protection of the vessel, crew and environment. He cited three types of lay-up: z temporary – awaiting orders, a new charter, repairs and such, thus maintaining a full crew, maintenance and operational capability z ‘hot’ lay-up – relatively shortterm lasting weeks or possibly months, with reduced crewing, some machinery working and
some maintenance
z long-term ‘cold’ lay-up – from
six months to years which would maximise cost savings, requiring minimum crew and maintenance, but also maximum time and effort to reactive the ship. Karl Lumbers the UK P&I Club’s director of risk management, echoed the need for safe lay-up procedures. Ships properly laid up were assumed by underwriters to carry reduced risk, because they were not working and there was no cargo onboard. For cold lay-ups, the Club stip-
Maybe we ought to have more rules
“
”
ulated that there should be no cargo or seafarers onboard,while for hot lay-up, there should be no cargo aboard and half the operational manning level. ‘The reason we’re doing this is because the biggest claim in P&I at the moment is not cargo claims any more, it’s illness and injury claims. So if we have people on board, risks are still there and those risks are extremely high.’ Steven Bush, Lloyd’s Register principal surveyor, added: ‘One of the big issues that happened in
the 80s, when ships were reactivated, was poor record-keeping, and when the reactivation crew came aboard, nobody really knew what had been done. So recordkeeping is very important, and also, from the human element side, if you can have the same crew who laid the ship up to reactivate, that is really the best strategy.’ Technical advice was also delivered by Lars Schacht Christiansen from engine manufacturer MAN Diesel SE, John Willsher of International Paint, Malcolm Tindley of Sperry Marine on electronics, Dr Joan Kelley of Conidia Bioscience on bugs in fuel, and Bob Lane of Disposal and Reserve Ships Organisation on naval experience of MoD ships held in extended readiness or reserve. Wilhelm Magelssen of Det Norkse Veritas appraised costs of hot and cold options and of the technical requirements, while Mark Hankey of Maritime & Underwater Security Consultants gave tips on lay-up counter-piracy/terrorist measures. Summarising the two-day debate, Michael Grey concluded: ‘Lay-up needs to be a more systematic procedure than hitherto; it also needs serious manpower expertise considerations, which hasn’t been the case perhaps in an earlier age. We need to take into consideration a lot of new issues, such as equipment vulnerability and equipment redundancy, which affects both costs and procedures; and major issues over the availability of layup locations. ‘Maybe we ought to have more mandatory rules, with the economics looking so dodgy,’ he added, ‘because people are going to ignore recommendations, advice and guidance when the money dries up.’
June 2009 | nautilusint.org | telegraph | 21
ship design
SAFETY
EU proposes risk-based ship designs ‘Projects show practical nature of new principles’ A new and advanced ‘ergonomic bridge’ is one of a series of design projects developed by Safedor teams in a bid to demonstrate how risk-based principles can be used to introduce innovative and practical ship and equipment concepts. Put together by SAM Electronics, the bridge design aims to cut costs and improve safety by bringing together all the traditionally separate devices and indicators into a standardised user display. Designers addressed various factors, including bridge procedures, bridge operation, workstation layout, the work environment and the ‘man-machine’ interface. The new design aims to reduce the amount of excessive information being presented to navigators, to improve data presentation, and to integrate functions so that traffic surveillance, navigation and manoeuvring functions are available at two centre work stations. SAM claims the resulting design could almost halve the risk of collision and grounding, by improving situational awareness and eliminating many of the ergonomic difficulties created by existing equipment. Five formal safety assessment studies were submitted to the IMO to promote the principles identified in the Safedor project. Two winning designs were selected for additional resources to refine their concepts and prepare for preliminary approval. One involved the use of a lightweight
composite sandwich superstructure for a ro-pax ferry, and the other involved proposals for new risk control measures — such as inflatable buoyancy units and a new subdivision concept — for a ro-pax ferry, using a newly-developed tool to predict flooding. The Safedor conference at the IMO also heard how risk-based design principles had been applied in the design of the 220,000gt ‘Project Genesis’ ships for Royal Caribbean Cruise Line. Oasis of the Seas — the first in the new series — is due to be delivered later this year. The ship has capacity for 5,400 passengers. Current lifeboat designs are restricted by prescriptive rules to 150-person capacity, and the risk-based process has been used to demonstrate that larger lifeboats are as safe, or safer, than those required under the existing rules. Another project examined the use of a fixed power bus for electric power distribution on a ro-pax ferry. Risk-based assessment showed it to be as safe as more expensive conventional cable, even though its use is presently limited to inland waterway vessels. Members of the Safedor steering group described the development of a risk-based regulatory framework and approval guidelines as an ‘evolution’ that is unlikely to spell the end of the current prescriptive rules — which remain the most cost-effective approach for standard vessel types and equipment — and suggest they will be most suited to more complex ship types. Project Genesis, centre, and an ergonomic bridge design, above and below, are cited by Safedor as positive examples of risk-based design
Union expresses unease about potential for new flexible approach to be abused by sections of the industry...
f
Nautilus has expressed concern about a new move to migrate from prescriptive rules on ship design to a more flexible risk-based system of assessing safety. The proposals were revealed during a two-day conference at the International Maritime Organisation headquarters in London last month following a four-year European Unionfunded project. The Safedor — Design, Operation and Regulation for Safety — study seeks to demonstrate to the IMO that risk-based design should be permitted as an alternative to the current SOLAS convention rules. Dr Pierre Sames, from the classification society Germanischer Lloyd, complained that the existing system prevents designers from coming up with innovative new approaches to vessel design. ‘Organisations applying riskbased designs will enhance their competitiveness,’ he argued. The Safedor project resulted in the submission to the IMO’s maritime safety committee of five alternative ship and equipment design schemes, together with proposed new guidelines for an approval process covering risk-based designs. Representatives from some of
the 53 organisations involved in the project say it will build upon the IMO’s relatively recent adoption of ‘goal-based’ standards by enabling the shipping industry to use a risk-based assessment system that has already been applied in other industries. Dr Sames said Safedor had delivered ‘a designer’s toolbox for naval architects and marine engineers’ seeking to develop risk-based projects. ‘We are absolutely convinced that this is the right way forward,’ added Thomas Witolla, from shipbuilders Meyer Werft. ‘Riskbased design is something that we need to fulfil the requests for flexibility from owners.’ Dracos Vassalos, from the University of Glasgow’s Ship Stability Research Centre, described the outcome of Safedor as ‘a step change in the way we deal with safety’ that would ‘open the door to innovation’.
He said the guidelines developed by the project would provide a structured way to demonstrate the equivalence of risk-based designs with the standards set by the SOLAS rules. But Nautilus senior national secretary Allan Graveson expressed concerns about the project. ‘It has clearly been driven by owners, yards and classification societies,’ he pointed out. ‘Prescriptive rules have been developed for good reasons, and there is a strong case for believing that a more flexible and less prescriptive approach could open up the door for abuse or avoidance by the less scrupulous sections of the industry,’ he said. ‘The ability and the willingness of some flag states and some classification societies to uphold the highest standards during the assessment and approval process for risk-based design is also questionable,’ Mr Graveson added.
This has clearly been driven by yards and the owners
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Caring for seafarers 365 days a year Life in the shipping industry today can be pressured and stressful. The Mission to Seafarers is there to give help and support to seafarers around the world. Our centres offer an opportunity to relax and to use the telephone and email facilities to keep in touch with family and friends. We also assist with more serious problems such as being stranded far from home when a shipowner runs into
financial difficulties, or being left unpaid for months. We depend entirely on donations to continue our caring work for the people like you who play such a vital role in all our lives.
To donate online or for more information visit:
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Or contact: The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London EC4R 2RL Tel: +44 (0)20 7248 5202 Fax: +44 (0)20 7248 4177 Email: fundraising@missiontoseafarers.org The Mission to Seafarers is a voluntary society of the Anglican Church
Registered charity no: 212432 Scottish Registered charity no: SCO39211
22 | telegraph | nautilusint.org | June 2009
June 2009 | nautilusint.org | telegraph | 23
SAFETY AT SEA
SAFETY AT SEA
ABOVE: the restricted access hatches from the foc’sle store into the chain locker onboard the Viking Islay CENTRE: a warning sign that was attached to the aft bulkhead of the foc’sle store, and an inspection of the anchor chain in the rusty compartment RIGHT: the Viking Islay in port following the accident in September 2007 Pictures: MAIB
Chain locker deaths lead to master’s court ordeal
‘I could never have done it without Nautilus. The protection that the Union gave me was second to none.’ C
Captain Don Fryer has praised the work of the Union in representing his interests in the 19 months since the fatal accidents onboard his ship. ‘It has been a traumatic and stressful period,’ he told the Telegraph, ‘but I knew that I was not guilty and the verdict was a great relief. ‘Even so,’ he added, ‘three men died — and they were my friends as well as my shipmates, and it was very sad.’ Capt Fryer first went to sea at the age of 15, working on deepsea trawlers. He gained his skipper’s ticket in 1974, and following the contraction of the UK fishing industry he switched to offshore support vessels at the end of the 1970s. After working as mate, and subsequently master, onboard an AHTS off Angola for more than 20 years, Capt Fryer started work for BUE — later to become Vroon Offshore — in 2002, working throughout onboard
the Viking Islay. He had been due to retire at the end of May next year, but had hoped he might be able to continue at sea for even longer. ‘I loved my job, and during the 19 months I had always hoped I would get back to sea,’ Capt Fryer said. ‘I was in good health, am still reasonably fit and I was really happy at sea.’ Describing the accident and its aftermath as a nightmare, Capt Fryer said he could not believe it when police told him he was being questioned on suspicion of manslaughter. ‘That hit me really hard,’ he added. ‘However, my family and friends have been really supportive and I have had other captains who sailed with me in Africa over 25 years ago sending me their support. ‘If it hadn’t have been for the Union, I don’t know what I would have done. I have always been a member since going offshore, but I never thought I would need it like this.
Captain Don Fryer
‘You join it for the pay negotiations, and you think you might need it if there were problems like a collision or a grounding, but nothing like this… ‘The protection I was given was second to none, with two QCs, a solicitor, a safety expert, and support from Charles
Boyle, director of Nautilus legal services, and Allan Graveson, head of the professional and technical department. ‘I would say to anyone who is not in the Union that they should be,’ he added. ‘Without it, I would have been in the mire.’ Capt Fryer said no one should be blamed for the accident. ‘Nobody really knows what happened,’ he added. However, he believes the case shows the need for all ships to carry oxygen meters. ‘If that equipment had been onboard, the men would have used it,’ he added. ‘The rules at present do not stipulate the carriage of O2 meters, but they have got to be onboard now.’ Capt Fryer said another lesson from his case is the need for seafarers to record everything. ‘A lot of things are done verbally,’ he pointed out, ‘but my experience shows the need to make sure everything is put down on paper.’
Two-week trial sees crown court jury clear captain of causing the deaths of three colleagues who entered into a dangerously oxygen-deficient compartment onboard a standby vessel off the UK coast in 2007
J
A ship master accused of causing the deaths of three crew members in an enclosed space onboard an emergency response and rescue vessel in 2007 was cleared last month following a two-week crown court trial. After deliberating on the evidence for almost six hours, an 11-strong jury of seven men and four women at Sheffield crown court found Captain Don Fryer not guilty of two counts of conduct endangering ships, structures or individuals under the Merchant Shipping Act 1995. Capt Fryer was charged with the offences following a police investigation into the death of three crew members — coxswains Finlay MacFadyen and Robert O’Brien, and boatman Robert Ebertowski, 40 — in an oxygendeficient chain locker onboard the UK-flagged Viking Islay on 23 September 2007. The 928gt vessel was operating in the Amethyst gas field, off the mouth of the River Humber, near the Ensco 92 gas drilling station, when the accident happened. The court was told that Mr Ebertowski, from Poland, had entered the compartment to secure a rattling anchor chain. When he collapsed, Mr O’Brien went to help him but was also overcome by the lack of oxygen. Jury members heard that Mr MacFadyen — who had been in radio contact with Mr O’Brien — raised the alarm and then ‘heroically’ tried to enter the locker wearing breathing apparatus. However, he was unable to get through the small hatch and decided to make another rescue attempt using an emergency escape breathing device. He also collapsed when it was dislodged. All three men were airlifted to Hull Royal Infirmary, but were pronounced dead on arrival. Prosecutors said Capt Fryer had failed in his duty to protect the crewmen — which led directly to their deaths. When told that the men wanted to enter the compartment, he had not taken the opportunity to ask when it would happen or to give any directions on how the job would be done. Simon Phillips, prosecuting, told the jury: ‘They entered without adequate preparation, without adequate instruction, without an adequate risk assessment, without adequate notice of the dangers, without adequate equipment, without adequate back-up
and without adequate leadership from their master.’ Mr Phillips said that, with 50 years’ experience and plenty of training to call upon, Capt Fryer should have refused permission for the men to enter the locker. ‘He could have said “no, you cannot do that” and that would have been the end of it.’ He said Capt Fryer’s response to the men, when told about the plan to enter the locker to lash the chain, had been ‘wholly inadequate’. And he argued that it would have been ‘an impossible task’ to enter the locker without the use of an oxygen meter — which was not carried onboard the vessel. Defence lawyer Patrick Harrington QC told the court that Capt Fryer was a man of good character, with an excellent reputation and some 50 years of unblemished maritime experience. He argued that it was not reasonable to allege that Capt Fryer had caused the deaths of his colleagues, because he could not
have foreseen that the men would have entered the locker without taking the proper precautions. ‘The master could never have anticipated that persons as experienced as these men would have done what they did,’ he added. Capt Fryer told the court that there was a common procedure for entering enclosed spaces onboard the ships he had sailed on — which involved venting the space for at least two or three hours. ‘As long as we vented it, we never had any problems in all those years,’ he added. He said that when he was told by Finlay MacFadyen of the plan to enter the locker, he had passed a message to the men to see him first to discuss the job. ‘We would have discussed ventilation and the need to follow company rules,’ he added. ‘I would never have expected them to go straight in after taking the hatch off. What happened that time, I don’t know.’ Capt Fryer said safety was always a ‘top priority’ onboard
his ships. ‘I have always had good crews, and you look after each other when you are on a ship — it is normal practice,’ he added. Following the verdict, Capt Fryer’s solicitor, Peter Handley, read a statement which said: ‘Don is very relieved it is finally over after 18 months. ‘Obviously, he believes the jury has reached the right verdict,’ Mr Handley added. ‘However, the fact remains that he has lost three of his shipmates and friends. His deepest sympathies are with the wives and families of all three men.’ In another statement after the trial, investigating officer Detective Inspector Paul Condon said: ‘The deaths of Robert O’Brien, Robert Ebertowski and Finlay MacFadyen onboard the Viking Islay were an avoidable tragedy. ‘Working in any form of confined space carries significant risks and it is for this reason that there are strict guidelines to be followed before entering such a space.’
MAIB report called for action A Marine Accident Investigation Branch report on the variance with the specific requirements laid down in the Viking Islay incident determined that crew members Vroon SMS,’ the report adds. ‘However, the company’s had failed to recognise the chain locker was a potentially own internal audit system had not detected the discondangerous space. nect between Vroon’s performance expectations, as Published last summer, the report called for internadetailed in its SMS, and the actual work practices being tional action to combat the ‘unacceptably high’ number observed by members of Viking Islay’s crew.’ of seafarers being killed in enclosed or confined spaces. The MAIB noted measures taken by Vroon in response The MAIB warned that enclosed space accidents to the incident, but urged the company to review its emercontinue to be ‘one of the most common causes of gency escape breathing device training regime, and also work-related fatalities onboard ships today’ and recommended that the Maritime & Coastguard Agency suggested that the main causes for them are complareviews the guidance given to seafarers and consider cency, lack of knowledge, potentially dangerous changes in the nature and extent of EEBD training and places not being identified and ‘would-be rescuers drills. acting on instinct and emotion rather than knowledge Nautilus subsequently supported the MCA in workand training’. ing to publicise the need for precautions to be followed Investigations found that oxygen concentrations in before entering enclosed spaces and is now campaigning the Viking islay’s chain locker at the time of the accident for oxygen testing equipment to be a mandatory carriage were possibly as low as 4.4% by volume — compared requirement on all vessels. with the normal 20.9% — but the ship lacked an atmosphere testing device. The MAIB said the crew’s training regime had not prepared them for a dangerous space rescue —especially one with such a noxious atmosphere. The report says the company policy — which restricted confined space entry to port — was unrealistic and did not reflect scenarios in which seafarers could be required to enter such spaces whilst at sea. ‘It was evident that key working practices impacting on the safety of Viking Islay and her crew were at The Vroon Offshore ERRV Viking Islay
24 | telegraph | nautilusint.org | June 2009
CRIMINALISATION
Intertanko boss Peter Swift Picture: Steven Matz
Shipping must take a stand for its seafarers
It’s time to shout out about the unfair treatment of crews following accidents, a conference was told...
I
When seafarers are criminalised, the shipping industry must react by making a public outcry, rather than rely on ‘quiet diplomacy’. So argued a leading international transport worker representative at a recent seminar which addressed the question, ‘The criminalisation of the seafarer — can we reverse the trend?’ The seminar, which took place at the Nehru Centre in London, was staged by the Indian Maritime Association UK (IMA) and also marked a celebration of India’s National Maritime Day, including an address by India’s High Commissioner to the UK, Shiv Shankar Mukherjee. Captain Pottengal Mukundan, IMA chairman, set the tone for the evening’s debate, citing the ongoing case of the VLCC Hebei Spirit, whose Indian master Jasprit Chawla and chief officer Syam Chetan were arrested following an incident that caused South Korea’s worst ever oil spill. In the clamour for the Indian officers’ release, Nautilus has added its voice to those of the IMA, the International Transport Workers Federation (ITF), Intertanko, Intermanager and many other industry organisations. The incident happened on 7 December 7, 2007. Hebei Spirit, managed by V.Ships, was anchored near the port of Daesan when three of its tanks were punctured by a tug-towed crane barge that was floating free after the cable linking it to the tug snapped in the rough seas.
Let’s tell the “ lawyers that
believe in quiet diplomacy to go away
”
V.Ships business development director Manish Singh, addressing the seminar, insisted the master and chief officer had shown exemplary seamanship in limiting the ensuing spill yet despite acquittal in South Korea by a lower court, the court of appeal reversed the decision, sentencing them to jail terms of 18 and eight months respectively. Before the officers were led to their cells they were taken out of the courtroom and paraded before the crowds waiting outside. Following industry outrage at their treatment, led by the shipping world’s international secretariats, they were released from custody on bail. The final decision of the Supreme Court of Korea is due in June. ‘All the organisations are working with us to do the utmost globally and in Korea to make sure that we do everything in our powers to bring justice, and the release of the officers which is the only acceptable outcome,’ said Mr Singh, who added that the case was an another example of ‘reverse burden of proof’ against seafarers — deemed to be guilty until proven innocent. The plea to shelve softly-softly diplomacy came from Jon Whitlow, head of the ITF seafarers section. He hailed the industry reaction to the Hebei Spirit case as ‘a magnificent rallying point’, but made the point: ‘That was the first time that that has really happened, and it needs to happen on each and every occasion. Let’s tell the lawyers that believe in quiet diplomacy to go away, that we need to be seen to stand up.’ He cited other recent key cases — the Prestige in
...another example of the reverse burden of proof
“
”
The Hebei two, master Jasprit Chawla (right) and chief officer Syam Chetan (left)
Spain, the Tasman Spirit in Pakistan, the Coral Sea in Greece and the Erica in France, and cases too that had not received the publicity, such as the master held because the detergents his ship was using were not declared in the manifest. Mr Whitlow highlighted ‘arcane laws being used to find someone guilty of manslaughter’ under charges of ‘shipboard negligence’, and also global legislative trends towards strict environmental criminal liability such as the Migrant Birds Act in Canada: ‘If there’s oil in the water, you’re guilty unless you come within saving clauses in the legislation. It’s not unique to Canada, it’s in the US and Australia. We’ve also had the EU criminalisation directive.’ ‘Are we serious in addressing the problem?’ Mr Whitlow asked. ‘We have no risk or database on all the cases. A lot of the information is held by the P&I clubs, but they will not make that available. Therefore we are starting from a massive disadvantage. No one has made any reports on the earliest requirement in IMO guidelines on the fair treatment of seafarers following maritime accidents. And yes, the Hebei Spirit itself isn’t in that listing. We have missed opportunities to make the IMO guidelines on the fair treatment of seafarers mandatory, at least in Europe.’ Faced with complex legal regimes, different laws from flag states, port states and states of domicile, and different administrative procedures, seafarers needed to know where they stood, the ITF speaker insisted. ‘We look for support when something goes wrong, support not just from the states of domicile, but also from the flag state, from the international community. And more action, not quiet diplomacy but a public demonstration of support. We have been seeking to place on all ships a poster on the noticeboard, guidance. We want alert seafarers to be able to assert their right to silence so that they do not unknowingly incriminate themselves because they do not know whether the statement that they give to investigators can later be used against them by the prosecution as happens in all too many jurisdictions. We’ve seen a trend in some countries to give the seafarers that cooperate with the investigator absolute privilege as to what they say to the investigator, in that the statements may not be used against them. We need to encourage that. And frankly, we also need to shipowners to make an intelligent choice in the flags they use.’ Peter Swift, managing director of Intertanko, the tanker owners’ association, focused on another high-profile case — the treatment of Captain Apostolos Mangouras and fellow officers from the Prestige, the tanker that sank in 2002, polluting thousands of kilometres of Spanish, Portuguese and French coastline.‘Capt Mangourous himself recently took to the European Court of Human Rights the fact
that he was detained for an unreasonable amount of time in prison and finally was granted bail. That bail was €3m. The bail set for possible murder, typically in Spain, is around €100,000. He challenged the positions of the Spanish court.’ But the European Court recently found against Capt Mangourous, ruling that Prestige spillage was a serious environmental incident and the bail not unreasonable. ‘Also, the court said that it was not unreasonable to detain him pending ongoing investigation before prosecution could be made,’ said Mr Swift, pointing out that the action taken was contrary to the guidelines and principles established within the Marpol international convention on the prevention of ship pollution. An industry coalition was seeking to get the European Court findings overturned. The chief officer and chief engineer were also facing prosecution, Mr Swift reported: ‘They’re alleged not to have assisted and worked with the authorities to minimise pollution. However the Parisian court prosecutor had decided to take no action against the authorities for denying the Prestige a place of refuge. Which of course is fundamental, because had the Prestige been offered refuge, which it should have been — and is now enshrined in European legislation, but not at the time — then the ship would have been saved and any pollution would have been much
We look for support when something goes wrong
“
”
less, if any.’ Mr Swift also reported on the industry’s misgivings about the EU Ship Source Pollution Directive. ‘After the Prestige, legislation was introduction in Europe which in our view will criminalise accidental pollution.’ The industry coalition was contesting this via the English High Court. ‘In the middle of 2006, the High Court said we had a very good case to answer and they referred it to the European Court of Justice.’ But, continued Mr Swift, in June 2008, the European Court ruled that is was not in a position to make a final judgement. ‘They said the directive could not be assessed against Marpol because the EU is not a member of Marpol, although individual states are. So Europe is at liberty to establish laws
that conflict with Marpol. They also said UNCOS [the UN convention on the law of the sea] does not give the right to an individual to apply an UNCOS defence against the state.’ Those two judgements, Mr Swift underlined, go contrary to the expert that the courts had appointed; namely the advocate general, who said that in both cases, she found that there was a case for conflict with Marpol and UNCOS, and that it would require states individually to interpret serious negligence and terminology within it. ‘So we have a “non-decision” of the European Court. The position now is that we have to go back anyway to the English High Court — that is happening at moment — and we have a reasonable prospect that the English High Court will say that the UK is not in a position to implement this European directive. That in turn will trigger a whole review of that legislation.’ Seafarers were routinely assumed to be criminal or suspect when they enter many countries and were denied shore leave, yet, Mr Swift revealed: ‘We do have many situations where we do have corrupt officials, where ships might be sent out because they need a small payment to make sure the ballast water is clean, or, to use John’s example, where you find that they criminalise, or be ready to prosecute seafarers because the customs declaration initially didn’t declare medical items on board, or cleaning items, and where some excuse is found to either extort money or in some cases even to prosecute until they get that payment.’ Mr Swift also acknowledged shipowner culpability: ‘How can we expect people to be prosecuted when they’re given a manual that is not really comprehensible? Or when they have equipment that doesn’t work? And I’m not going to condone any bypassing of oily water separators, bit it’s very hard to condemn people when we provide them with an incinerator that has to be run 24 hours a day and fully manned and if we don’t do it properly the ship’s crew are going to pay. Or when the oily water separator doesn’t work as it’s supposed to. Or when the oily discharge monitor isn’t reading accurately. And if we’re not providing equipment that’s fit for purpose, then we’re equally guilty in some cases.’ The Intertanko chief concluded with a broadside to the industry on respect for seafarers’ welfare: ‘We need to provide that safety information with respect to cargoes, bunkers in the oil well, so that the safety data sheets are there. We need to speak out when the master is being pressured by the charterer or the terminal, be it to turn around or anything else with respect to loading. And we need to make sure about the habitability and that we provide the seaboard life that’s worth enjoying. ‘So, can we reverse the trend of criminalisation? Yes we can, and yes we should and yes we must.’
June 2009 | nautilusint.org | telegraph | 25
PIRACY
Call to arms divides the industry Owners and politicians consider proposals to give merchant ships the power to shoot back at pirates serious pirate attacks on I merchant ships has prompted a The increasing spate of
massive debate among seafarers, owners and governments over calls for vessels to be armed. Nautilus members attending last month’s BGM reaffirmed the Union’s opposition to guns on merchant ships (see BGM special reports). But further fuel was added to the controversy when security guards used firearms to repel an attack on a Panamanianflagged cruiseship, some 180 miles north of the Seychelles. And the industry was last month seeking urgent clarification of a US Coast Guard order requiring US-flagged merchant ships to carry guards when sailing through high-risk waters. US political hearings tabled in the wake of the attack on the US-flagged containership Maersk Alabama heard a series of demands for standards of defence against pirates to be improved. Leading the calls was the vessel’s master, Captain Richard Phillips, who testified before the Senate foreign relations committee about his experiences being held hostage off Somalia. He told the politicians that he believed there is a case for arming merchant ships. ‘It would be my personal preference that a limited number of crew aboard
Arming the crew could be effective in certain cases
“
”
the vessel have access to effective weaponry,’ he said. ‘One solution is not going to solve this problem,’ Capt Phillips pointed out. ‘Nevertheless, I do believe that arming the crew, as part of an overall strategy, could provide an effective deterrent under certain circumstances.’ Arming the master and perhaps four of the crew would help, he added. So would having
Captain Jonathan Funa, master of the Panamanian-flagged containership Safmarine Bandama, and chief mate Adrian Palang, show journalists a hole in the ship caused by a rocket-propelled grenade fired by pirates during an attempted hijacking in the Indian Ocean last month Picture: Joseph Okanga/Reuters
Members use planks to repel pirates Nautilus members serving on an Andrew Weir cargoship have been praised for their professionalism in fighting off a pirate attack on their ship off the coast of Somalia. Crew members of the 18,663gt multipurpose vessel Boularibank used timber planks and fire hoses to prevent the attackers getting onboard their ship in the Arabian Sea, some 200nm E of the maritime security patrol zone. A total of 42 people — including 11 passengers, and six British and two Dutch seafarers — were onboard the Antigua & Barbuda-flagged ship when it was approached by pirates in two skiffs, thought to have been launched from a nearby mother vessel. retired or active military special forces aboard. ‘And I don’t mean a security guard. I don’t mean a mall cop. I mean someone who’s specifically trained,’ Capt Phillips said. General David Petraeus, chief of US Central Command, told the hearings that the shipping industry must do more to combat the problem. He said companies should invest in defensive equipment and consider hiring armed guards. ‘We need the maritime shipping companies to do more than they have,’ said Gen Petraeus. ‘They are going to have to take a very hard look at not just taking additional defensive preparations in terms of simple things, like concertina wire to make it harder to climb over the side, or again over a railing, but also looking at the employment of armed guards or security forces.’ US maritime unions told the Senate subcommittee that the responsibility for protecting ships lay with the government. ‘When a vessel flies the US flag, it becomes an extension of the United States itself, regardless of where it is operating,’ they pointed out. Protective measures should entail military escorts or military security detachments onboard ships, they added. ‘We also believe that a private security detachment could provide necessary protection,’ the statement went on. ‘However, it should be noted that there are serious concerns and risks associated with this approach. The employment of private security detachments can, for example, raise command and liability issues which must be thoroughly considered.’ The unions also opposed calls for crews to be armed. ‘We categorically reject the notion that this should be considered the best or even a primary solution to the problem of piracy,’
Over a 30-minute period, the pirates fired two rocketpropelled grenades and shot at the ship with machine guns. The British master activated the emergency procedures, taking zig-zagging manoeuvres, and the crew deployed water hoses to deter the pirates. The attackers were finally forced to withdraw after crew released heavy pieces of timber overboard. Boularibank then resumed its voyage from Port Klang to Hull. In a statement to the Telegraph, the vessel’s owners commented: ‘Andrew Weir Shipping Ltd is very proud of the master and crew for their professional action, which was carried out in extremely difficult circumstances.’
they told the politicians. ‘Rather, we believe that to the degree this option is considered, it should be considered as only one part of a response. Even then, it should entail no more than a few highly trained individuals who have extensive training and expertise in the use of weapons.’ The union line was echoed by the Danish company AP MollerMaersk, the owner of the Maersk Alabama. A statement issued by the operator said it would maintain its policy of not arming
crews, or allowing armed guards onboard its vessels. ‘Weapons onboard could lead to a dangerous escalation and raise a number of multi-jurisdictional legal issues,’ the company argued. Maersk said it was conducting its own investigation into the Maerk Alabama incident, and had made some changes to its procedures to improve the safety and security of crews and vessels. ‘We have expanded the area off the coast of Somalia where
only vessels with a certain freeboard or capable of sailing certain speeds are allowed to enter,’ explained group partner and Maersk Tankers chief executive Søren Skou. AP Moller-Maersk said the international community had to find the solution to the problem of piracy. ‘We back proposals such as establishing a regional maritime sea patrol to protect vessels in the area from piracy attacks,’ said Mr Skou. ‘The nations in the region with the support of the international community must address this problem. We also call on the international community to establish a transit corridor, so vessels can safely call at ports in Kenya and Tanzania.’ Owners are not united on the issue, however. V Ships president Roberto Giorgi said he believed armed guards were necessary on vulnerable vessels and MSC Cruises chief executive Pierfrancesco Vago — whose ship Melody used weapons to fight off an attack some 180 miles off the Seychelles — said the industry
needed to debate the use of weapons. Armed guards onboard the Melody fired live rounds from pistols carried onboard to prevent pirates from boarding after they had attacked the ship with automatic rifles. Mr Vago said the security guards had no independent access to the weapons, and the pistols were used at the discretion of the master.
What do you think? This is a critically important debate for the shipping industry, seafarers, and governments. The Telegraph would love to hear what you think. Will guns onboard simply escalate the violence? Or should seafarers be allowed to strike back at those who threaten their lives? Email us now — telegraph@ nautilusint.org
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26 | telegraph | nautilusint.org | June 2009
DURHAM MINERS GALA
Celebrating our shared struggle Bernadette York, historian, native of County Durham, and partner of a Nautilus member, looks ahead to next month’s Durham Miners’ Gala… by my granddad. He boiled it in an old marrowI fat pea tin on the coal range of his miner’s bungalow. The best boiled egg I ever had was made for me
abandon school at eight years old and take in washing to keep the family going. Her father made her a special stool so that she could reach the washtub as she was a tiny wee thing. After the strike, the father of my uncle through marriage was not allowed back to work — despite promises of no reprisals. He lost his colliery house which went with the job, so he and his four sons were forced to live in a pigeon loft. One of the boys was newborn; their mother had died in childbirth. I know it sounds like a Catherine Cookson novel — but these were the realities of mining life which have given the Durham Miners’ Gala a place of heightened significance in our hearts.
The egg came from the hens on his allotment at the top of the street. Had I arrived 30 years earlier, his hens would not have been at home as they were all eaten during the 1926 General Strike. During the strike my family were lucky because my gran’s dad was a chief engineer on a collier and he sent money to help out. Many were worse off, but the union set up a feeding station and guaranteed to pay the local shopkeepers if the miners could not pay their bills themselves. My paternal granny was motherless. She had to
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The Durham Miners’ Gala, or ‘The Big Meeting’, as it is locally known, grew out of the custom of miners gathering to lobby mineowners for better pay and conditions when they met annually at The County Hotel in Durham City. The first official Durham Miners’ Gala occurred on 12 August 1871. The Gala takes place every year on the second Saturday in July: it has only stopped for world wars and major strikes. When the pits were still operational, the denizens of the pit villages would be up very early to see the great silk banner of their village unfurled and hear the colliery band play at the pit-head before boarding the bus or train to Durham City. Some people wore fancy dress and one old lady from our village always wore her husband’s Merchant Navy uniform. He had died at sea during the first world war and she said she wore it so that he could still go with her to the Big Meeting. On arrival in Durham the bands assemble in front of the banners. Every colliery has its own banner which is the size of a double bed sheet. They are made of vibrantly coloured silk, every one is different but many of the banners bear portraits of stalwarts of the trade union and labour movement on one side and scenes from the Bible or paintings of the pithead and colliery rows on the other. The banners are held aloft on poles with silken guy ropes to steady them. It is a tremendous honour to help carry the banner. Behind the banner walk the miners and their families. The banners are paraded through the main street of Durham, across the River Wear and
through the Market Square. They stop outside The County Hotel where, since nationalisation, political figures of the day stand on the balcony and survey the crowds. I remember Harold Wilson waving at a six-year-old me in 1963. They move on to the racecourse by the river and the banners are set up around the course so that everyone can see them closely. Every year when the pits were open I remember seeing at least one banner draped in black as a mark of respect for miners killed in their pit that year. There is a funfair and market stalls and everyone has a whale of the time, but the Gala has always been about unionisation and over the years the crowd has been addressed by speakers such as Keir Hardie, Bessie Braddock, Harold Wilson, Vic Feather, Barbara Castle, Arthur Scargill, Dennis Skinner and, last year, Tony Benn and Ricky Tomlinson. After the speeches the chosen bands of that year lead their banners up to Durham Cathedral and play for a service of memory and thanksgiving. At the end of the day all of the bands and banners parade back out of the town with their supporters dancing behind them. For my family, union membership was literally the difference between life and death: it ensured a roof over our heads and food on the table. The Durham Miners’ Gala today is a great day out — but for those of us who come from mining families it is also an opportunity to reflect upon our past and celebrate with pride and gratitude the struggle and achievement of the ordinary men and women of the Colliery Rows.
June 2009 | nautilusint.org | telegraph | 27
TITANIC Captain Michael Howorth reports on a plan to defy superstition by retracing the ill-fated voyage of the Titanic 100 years on...
The Fred Olsen vessel Balmoral, left, will track the route taken by the Titanic
Following the Titanic’s track SEAFARERS are, at the best of times, a superstitious lot — so the How they shape up: thought of sailing onboard a ship seeking to retrace the voyage of K one that has gone down in history as one of the most tragic maritime disasters might not be to everyone’s taste. But such concerns have not stopped travel company managing director Miles Morgan from chartering the Fred Olsen cruiseship Balmoral for a 12-night voyage to mark the 100th anniversary of the sinking of RMS Titanic. In fact, he says, the plans have generated immense interest. ‘We have started taking registrations earlier than planned, as there were so many rumours circulating on the internet about plans to mark the anniversary. The fascination for the Titanic is as strong as ever.’ Mr Morgan says the story of the ill-fated White Star liner still grips the imagination of people throughout the world, and the Balmoral cruise is billed as a once-in-a-lifetime opportunity to be part of a voyage following the original ship’s route. Costing between £2,595 and £7,995 depending on cabin type and including flights back to the UK, the cruise will depart from Southampton and will include a memorial service in the early hours of the morning of 15 April 2012 some 4,000m above the very spot in the Atlantic, where, 100 years earlier, Titanic sank beneath the waves. Balmoral is operated by Fred Olsen Cruise Lines — whose parent company Harland &Wolff built Titanic in 1909. She will make the journey with 1,309 fare-paying passengers — exactly the same number that sailed on the original and fateful voyage. The passengers are promised an entirely themed voyage that will become a new chapter in the Titanic story. Onboard, they will be able to mix with fellow enthusiasts, Titanic historians and those with a personal interest in the events of 1912. From Southampton, Balmoral will sail close to Cherbourg before docking at Cobh, formerly Queenstown, in Ireland, where the Titanic made its final port of call on 11 April 1912. While there, passengers can enjoy a heritage tour, visiting places of interest to the story. The cruise will continue following the same course used by Titanic and Balmoral will arrive over the spot where she sank on 14 April. There
a Titanic – Balmoral comparison Specification Built Cabins Passengers travelling Crew Gross tonnage LOA Speed
Titanic 1909 840 1,309 401 46,328 269.1m 21kts
Balmoral 1988 738 1,309 500 43,537 218.2m 20kts
will be special memorial ceremonies — the first at 11.40 pm when the ship hit the iceberg and then at 2.20 am on 15 April, exactly 100 years after the great ship sank.
After the service the cruise will continue to Halifax, Nova Scotia, where passengers can visit the Fairview Lawn Cemetery where 121 Titanic victims are buried, and then on towards New York — the ultimate planned destination of the original voyage. The whole voyage is set to follow, as closely as it can, the original. ‘The food served will match the sumptuous menus on the original voyage; the entertainment will include music and dancing in the style featured in those glorious times and there will be a chance to hear firsthand from historians who have studied the Titanic story,’ Mr Morgan said. Whether or not passengers get to watch movies such as Night to Remember and the more recent Titanic has not been revealed — but one thing is for certain; that the focsle head will be placed firmly out of bounds by the ship’s master anxious not to have would-be Leonardo DiCaprios and Kate Winsletts standing upon it, arms outstretched However, the Balmoral’s voyage will differ slightly — as the 1988built vessel is not as fast as Titanic, and will have to leave Southampton somewhat earlier in order to reach the spot where she sank on the actual anniversary. The cost of fuel might also have something to do with it. g See www.titanicmemorialcruise.co.uk for details
Many seafarers we note are under the illusion that to qualify for the 100% foreign earnings deduction, all they have to do is spend 183 days out of the country on foreign going voyages. Many have found to their cost, when investigated by the Revenue that it is not that straightforward and of course it is then too late to rectify. Make sure you are not one of them by letting Seatax Ltd plan your future claim step by step.
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16/4/09 14:21:08
28 | telegraph | nautilusint.org | June 2009
OFFWATCH ships of the past General details BUILDER: Swan Hunter Shipbuilders Ltd. Wallsend. DATES: 1970-1983 OWNER: Esso Petroleum Company Ltd. DIMENSIONS: 1,143ft overall; 170ft breadth; 25,4277dwt
‘Big Geordie’ made a big splash for shipping by Trevor Boult
F
The Wallsend shipyard of Swan Hunter was given a monumental challenge in 1968: build the supertanker Esso Northumbria. Nothing quite like it had ever been seen on the Tyne, or on the stocks of any shipbuilder’s yard in western Europe. The ‘Big Geordie’, as she became known, seemed to black out half the sky for the Wallsend locals who lived within her
shadow. At the time of her eventual launch she was the biggest vessel to ever come from a UK yard and was to be the first of eight such vessels built at Wallsend. Her exceptional size pushed back the parameters of design knowledge into areas of uncertainty. Neither the owners, designers, nor the regulatory authorities fully understood the structural problems involved. Having to rely heavily on the extrapolation of existing class
construction rules, it was later found, for instance, that the racking and shear stresses were significantly under-calculated. A later observation was revealing: ‘She was certainly very flexible’. Esso Northumbria was built on a fixed price contract, during a period of raging inflation. Swan Hunter lost some 20% of the sale price building her. To accommodate the length, she was built on a diagonal across two existing berths. Work on the stern would have had to cease at
Telegraph prize crossword The winner of this month’s cryptic crossword competition will win a copy of the book Ships of the White Star Line (reviewed on the facing page). To enter, simply complete the form below and send it, along with your completed crossword, to: Nautilus International, Telegraph Crossword Competition, Oceanair House, 750–760 High Road,
high water but for a watertight shield built out into the river. At the ‘sharp end’, the bulbous bow had to take shape resting on a bridge specially built to carry it over a service road. All welded in construction, she had a raked stem and a modified cruiser stern of the ‘clearwater’ type. Propulsion was by geared turbines to a single screw, giving a service speed of 16 knots. Four turbine driven centrifugal main cargo pumps delivered an overall hourly discharge rate of 10,000 tons. To facilitate the launch, a considerable portion of the opposite bank had to be cut away. Although there was little backwash, a 2ft swell of water surged ashore opposite the launching point, wetting many feet. Rats from the drains were also reported as making a surprise appearance. Controlled by some 1,800 tons of drag chains and seven drag anchors bedded into the river, to bring her to a stop and effect the necessary swing, the huge vessel swept within 20ft of the Hebburn bank. Esso Northumbria was launched by the 18-year-old Princess Anne, and crowds at vantage points along the river were estimated at a quarter of a million. Under the command of Captain Agnew of North Shields, the vessel was too big to ever return to the Tyne. Following trials, she was received at Europe’s largest repair dock in Lisbon for final inspection before entering service. On the return leg of her maiden voyage from Kuwait, she used the modified and strengthened berth at the Esso refinery at Fawley. On each voyage from the Persian Gulf to the UK she carried 70m gallons of oil. A world slump in oil prices cut short her career after only 13 years. She was broken up at Kaohsiung in Taiwan in 1983.
50 years ago THE 102nd meeting of the Mercantile Marine Service heard that the British shipping industry is facing particular difficulties, with a world trade recession aggravated by the fact that at the moment there are far too many ships competing for cargoes. General secretary Leslie Harrison said the position was probably as critical as at any time in the history of the British mercantile marine. Turning to the lack of appreciation show to shipmasters, Mr Harrison argued that ‘with the value of an average large ship now beginning at around the million pound mark, a master entrusted with such a charge is surely entitled to ask that his special responsibilities to ship, crew and cargo be properly recognised’ MN Journal, June 1959
25 years ago THE Gulf war between Iran and Iraq entered a new period of intensity last month with an unprecedented number of attacks on merchant ships outside the exclusion zone. In the space of a single day, Iraq said it had hit six vessels, whilst Iran claimed responsibility for a rocket attack on the Hong Kong-flagged tanker Chemical Venture some 80 miles north of Bahrain. A total of 18 ships have been attacked since the start of the year, including the first UK-registered casualty, the Charming, which was hit by a heat-seeking missile. At least a dozen UKflagged ships were operating in the area, and the MNAOA has called for the whole of the Gulf to be treated as a war zone The Telegraph, June 1984
10 years ago INTERNATIONAL shipowners have spoken of their ‘serious concern’ at soaring officers’ wage rates caused by the growing global maritime skills shortage. A survey produced by the International Shipping Federation — which represents employers from 33 countries — reveals ‘a rapid increase in wage rates for officers worldwide’ and describes this as ‘a real indicator of a growing shortage of suitably qualified personnel’. Rates for some nationalities of officer have risen by as much as 66% in the past five years, it said, although average European wages were said to have increased in low single figures, if at all. The report predicts that with the skills shortage set to increase further, ‘the upward spiral in officers’ earnings revealed in this survey will almost certainly continue’ The Telegraph, April 1999
THEQUIZ Roughly how much deadweight tonnage was demolished around the world last year? Approximately what proportion of the British merchant fleet was steam powered at the turn of the 20th century? What is the average TEU capacity of containerships in the world’s top 25 boxship fleets?
1
2
3
4
5
6
Which ship held the North Atlantic Blue Riband for the longest period? What percentage of Europeanowned shipping operates under third country flags? What is Moorsom’s Rule?
J Quiz and quick crossword answers are on page 42.
Name: Address:
Leytonstone, London E11 3BB, or fax +44 (0)20 8530 1015. Closing date is Tuesday 16 June 2009. You can also enter by email, by sending your list of answers and your contact details to: telegraph@nautilusint.org by the same closing date.
Telephone:
QUICK CLUES 1. 5. 9. 11. 12. 15. 16. 18. 19. 21. 24. 25. 26. 27.
1. 2. 3. 4. 6. 7.
Across Loss of grip (8) America (6) Not liked (9) Oil fruit (5) Closed ally (5-7) So be it (4) Holy sprinklers (10) Following (10) Stare (4) Swing monitor (12) Decorate (5) Meteorological measure (4-5) Blackmail (6) Upset (8)
Down Knock out (4) Fiends (4) Young learners (6) Morbid joking (7,6) Complete (8) Study of hair (10)
8. 10. 13. 14. 17. 20. 22. 23.
Manx bird (10) Gawking (13) Intense (10) Former Yugolsav (5-5) JFK said he was one (8) Plug (6) Look for fox (4) Curve (4)
CRYPTIC CLUES 1. 5. 9. 11. 12. 15. 16. 18.
Across They have two legs and fly in pairs? (8) Slates could be decorative (6) Racing dog coach (9) Heard from the cat? (5) So I parrot men in disguise (12) April fruit dish (4) A beef with Russian diplomat (10) For cleaning graze, as clouds appear (6,4)
Membership No.:
19. Where a prisoner goes to phone (4) 21. Eastern sport? Any direction you’ll find (12) 24. Sounds like wanderer following a scent (5) 25. Cad has dubious tie with reconfigured Berlin (9) 26. To the flank — in a position to score (6) 27. Cuivre? (8)
1. 2. 3. 4. 6. 7.
Down Garment from Rome to Georgia (4) Duck chaps, that’s a bad sign (4) Plan to halve pharmacist showing in the South East (6) Turner, with blacks and reds to splash out on (8,5) Ann Marie was formerly a Soviet citizen (8) If investors are any guide, it’s a tidy sum (5,5)
8. Keeping personal details from popping up (3,7) 10. Dish on our table — removing the cuppa is altogether the conduct of a 25 (13) 13. Spanish fan (10) 14. Changed suit, four to be lucky (10) 17. Falling feathers on hospital beds (8) 20. Daren’s upset at being led into a trap (6) 22. Mendacious type exchanging lira (4) 23. ‘If the dull substance of my flesh ---- thought’ (Shakespeare, Sonnet 44) (4)
June 2009 | nautilusint.org | telegraph | 29
books
OFFWATCH
PLA’s centenary marked in style A Century of Service, by Nigel Watson Port of London Authority, £20 ISBN-10 0954378261; ISBN-13 9780954378264 still going strong — that’s K the Port of London Authority.
One hundred years old and
And it has published a splendid popular history, A Century of Service 1909-2009, to mark the centenary. Corporate historian Nigel Watson brings the fascinating story of London’s port alive with his engaging narrative. The book opens with the pre-PLA state of affairs for Thames shipping: ‘For centuries, the river almost seemed to manage itself, but imperial expansion, growth in trade, bigger ships and an increasing population all took their toll and by the middle of the nineteenth century, it was half a century before the resulting turmoil was sorted out and most of the competing parties… agreed a new organisation should be formed to bring some order to the chaos.’ The PLA began life overseeing what was still the world’s leading port, a position that could not be sustained. The volume of cargo
Top rate history of a company forever linked to the Titanic Ships of the White Star Line by Richard de Kerbrech Ian Allan, £19.99 ISBN 978 0 7110 3366 5
A www.ianallanpublishing.com
K
THE White Star Line will for ever be famous — or infamous — for the Titanic. Yet, as maritime historian Richard de Kerbrech reminds us in Ships of the White Star Line, there are many other reasons why the company should be remembered. This meticulously researched book is a fascinating history, and whilst the author modestly lays claim to writing a simple tribute to the company, it serves as much more than that — offering some marvellous broader insights into the industry during White Star’s rise and eventual demise. Rather than going for a straight chronological history, Mr de Kerbrech traces the development of the company largely through the 89 ships it
handled reached a record 20m tons in 1913, although by then London’s position as the world’s premier port had been taken by Hamburg. Channels were deepened to take larger ships, the riverbed cleared of wrecks, and 1921 saw the opening of King George V dock — the first new dock since Tilbury in 1886 — and London remained the UK’s largest port, handling almost twice as much shipping tonnage as Liverpool. During world war two London’s docks came under sustained attack. ‘There were many acts of remarkable bravery,’ notes Watson — including dockers who extinguished incendiary bombs in a warehouse full of inflammable goods, and dockmasters and their staff who deployed tugs to save ships. Workers are given the prominence they merit in the story. For most of PLA’s history, its workforce was dominated numerically by dockers. It was a tough calling — all the more so if you were a casual — and the port was ‘plagued’ by strikes; 93 between 1964 and 1966. It was not until 1967 that complete decasualisation came in — just
in time for the start of the mass redundancies ushered in by containerisation. ‘The last of the dockers left the PLA with the privatisation of Tilbury in 1992,’ the book records. ‘The Authority was left with 464 staff, of whom marine pilots formed the largest group. Today the PLA employees 360 staff working across a range of activities including navigational safety, marine services and administration.’ A chapter on seaborne trade looks to the future: ‘The most exciting and important development in the Port for a generation is the creation of the port complex at London Gateway by DP World. This gives the Port the prospect of doubling tonnage of annual cargo. Within a few years the Port of London should regain its overall pre-eminent position among UK ports.’ A Century of Service is worth the price for the pictorial material alone, including page after silky page of wonderfully evocative historic photos. Like Dr Who’s Tardis, they take you to another time and place — only instantaneously and without the silly sound effects.
operated between 1869 and 1934. They tell a remarkable story — one of immense innovation, as well as tragedy. Atlantic, the second ship to enter into service with the company, was at the heart of a controversy that pre-figured and pre-dated Titanic, in which 585 of the 952 people onboard died after the vessel grounded off Nova Scotia. In between, however, the book does not neglect the usual boardroom manoeuvres and technical advances that chequered the history of the company — not least the national concern generated by the foreign ‘takeover’ by the International Mercantile Marine Company in 1902. The story also covers the horrors of war — with some of the ships seeing service in both world wars — and a recurrent theme is that of competition (fair and unfair) on the transatlantic services. Mention is made of the donations made by White Star founder Thomas Henry Ismay — including a memorial home at the Mariners’ Park welfare complex now operated by Nautilus — and which may have owed much to his awareness of the terrible suffering
endured by many seafarers and their families at a time of horrendous losses within the industry. Such sacrifices do not go unremarked in the book — indeed, a particularly strong section vividly describes the ‘dark world’ of the stokehold crew and the arduous conditions in which they worked. Liberally illustrated with some 200 black and white photographs, this book makes a fine job of telling the 75year White Star history and, along the way, says much about the shipping industry over this period. It all makes for a good read, with the only disappointment being the lack of an index.
Cinderellas of the industry?
Standby Vessels: Operating Old, New and Converted by Captain Michael Lloyd Witherby Seamanship, £15 (ISBN 978 1 905331 39 0)—
A www.witherbyseamanship.com
K
Standby vessels could be called ‘the ships no one wants’, Cap-
tain Mike Lloyd argues in the introduction to his new title in the Masters Pocketbook Series. With the vessels ‘foisted upon a reluctant oil industry’, he identifies a need to examine the reality of today’s operations — including the required capabilities of vessels, and the relationships between the various parties offshore. Standby Vessels: Operating Old, New and Converted therefore goes far beyond ‘what it says on the tin’ to include some pithy observations on an essential but often neglected sector of the shipping industry. Divided into sections such as ships, responsibilities, crews, training, tasks, standards, operations, ship handling practices and additional duties, this serves as a handy guide to all aspects of emergency rescue and response vessel work, and will be of interest to those already in the sector as well as prospective entrants. The book makes some insightful comments about many pressing issues, not least of which is the supply of suitably skilled seafarers for the sector. In the past, it notes, there had been a steady supply of crews from the
former fishing fleets, but that has now almost dried up and a number of short-term ‘quick-fixes’ are being sought, most of which involve the use of foreign crews. Communications and
teamwork are often the first consequent casualties of such an approach, it notes.
Classic ships, classic pics Classic Ships by Richard Havers Haynes Publishing, £8.99 (ISBN 978 1 84425 708 9)
A www.haynes.co.uk There’s a rich diversity of vessel types on show in Classic Ships — a little book that sets out to celebrate a century of maritime development. In reality, within its 125 pages, the book goes back well into the 19th century — with its first featured vessel being the Royal Sovereign, which was to become the training ship Worcester in 1860. Loosely organised into sections on tall ships, working ships, pleasure boats, and liners, the book mines a rich seam of archive photographs — each accompanied by a brief contextual caption. Given the minimal text, it is the photographs that steal the show — many of them being quite rare, and often being hugely evocative. Good fun for nostalgia buffs.
Mike Lloyd concludes with a trenchant chapter of criticism and suggestions for improvement — questioning how much longer the use of converted supply ships can be tolerated and condemning the state of the equipment fitted to many vessels. Poor pay and conditions aggravate the problems, he argues, with many ERRV crews suffering ‘primitive’ onboard accommodation and a victualling allowance less than half that on the installations they guard. Little effort is made to retain or attract back experienced staff, whilst the increased recruitment of cheaper foreign crews is fuelling operational and communication difficulties and many masters and officers are facing unsustainable pressures of new responsibilities and new requirements. ‘There are so many existing problems that the industry cannot afford to continue to ignore them,’ Capt Lloyd’s rallying call concludes. However, the answer, he suggests, relies upon a willingness by the oil industry to pay the increased charter rates to cover the costs of building and operating new vessels and crewing them to the required standard.
30 | telegraph | nautilusint.org | June 2009
NL NEWS
Deeltijd WW loodst ThyssenKrupp Veerhaven door zwaar weer A
Als gevolg van de enorme vraaguitval naar ruwe staal en ijzererts heeft het Duitse ThyssenKrupp Steel recentelijk 1200 tot 1400 medewerkers moeten ontslaan. De terugloop van staal heeft echter ook voor ThyssenKrupp Veerhaven consequenties: van de acht duwboten liggen er inmiddels drie tegen de kant en veel arbeidskrachten dreigen werkloos te worden. Om alle medewerkers toch in dienst te kunnen houden, wil ThyssenKrupp Veerhaven nu via het zogeheten deeltijd WW gedwongen ontslag voorkomen. Hier ging nog wel het een en ander aan vooraf. In februari heeft Nautilus op initiatief van ThuyssenKrupp Veerhaven de leden in dienst van de reder gevraagd hun vakantie- en extra inzetdagen van 2008 op vrijwillige basis op te nemen. Hoewel de medewerkers hier mee akkoord gingen, bood deze maatregel helaas onvoldoende soulaas voor de toenemende personeelsproblematiek. Daarom heeft de reder op 17 april jongstleden de ondernemingsraad, Nautilus en
andere vakbonden uitgenodigd om te praten over de nieuwe overheidsregeling die sinds 1 april 2009 van kracht is: deeltijd WW. Met deze regeling kan Thyssenkrupp Veerhaven de economische crisis beter het hoofd bieden waarbij eventuele gedwongen ontslagen kunnen worden afgewend. DE UITKERING
Deeltijd WW houdt in dat medewerkers tijdelijk minder uren gaan werken. Voor de niet gewerkte uren kunnen de medewerkers in aanmerking komen voor een WW-uitkering. De wel gewerkte uren worden gewoon door de werkgever betaald. Bij deeltijd WW kun je voor maximaal 50 procent in de WW komen. De overheid kent de deeltijd WW in eerste instantie toe voor een periode van drie maanden. De regeling kan maximaal twee keer met zes maanden worden verlengd. Om in aanmerking te komen voor de deeltijd WW, moet aan een paar voorwaarden worden voldaan. Zo moeten de vakbonden akkoord gaan met de regeling. Andere voorwaarde is dat de werkgever afspraken maakt
Duwboot ThyssenKrupp wacht op lading
met de werknemers over scholing, zodat zij na deze periode nóg beter ingezet kunnen worden binnen het eigen bedrijf of elders wanneer ontslag alsnog onvermijdelijk blijkt. AANVULLEND LOON
Punt is echter dat de deeltijd WW-uitkering lager ligt dan het loon dat een werknemer zou krijgen over de uren die hij minder gaat werken. Om ervoor te zorgen dat de medewerkers niet hoeven in te boeten op hun salaris, heeft Nautilus met ThuyssenKrupp Veerhaven uitonderhandeld dat de werkgever het loon zal aanvullen tot het normale salaris, inclusief alle bestaande componenten zoals pensioenopbouw en continutoeslag! Vervolgens heeft Nautilus een zeer goed bezochte ledenbijeenkomst georganiseerd op 29 april in Dintelhaven om hen te informeren over de deeltijd WW en de aanvullende salarisafspraken. Hierna vond de stemming plaats: de aanwezige leden hebben unaniem met de regeling ingestemd.
Kabinet en FNV bereiken overeenstemming over sociaal akkoord A
Maar liefst 94% van alle vakbondsleden heeft volmondig ja gezegd op het referendum dat de FNV afgelopen maand hield inzake het sociaal akkoord tussen de FNV en het kabinet. Van alle Nautilusstemmers bracht 91% een positief advies uit. Het sociaal akkoord is hiermee van kracht. Hieronder vindt u een overzicht van de belangrijkste resultaten:
CAO-ONDERHANDELINGEN
De overheid was van plan alle werknemers drie jaar lang op de nullijn te zetten, maar de vakbonden hebben deze maatregel kunnen afwenden. Er is nu afgesproken dat de bonden hun onderhandelingsvrijheid houden en dat reeds afgesloten CAO’s niet worden opengebroken. Vakbonden zetten in op koopkrachtbehoud om zo de inflatie af te dekken, waarvan het percentage nu op 1,5 à 2 procent ligt. Vanzelfsprekend wordt hierbij uitgegaan van een verstandig loonbeleid. PENSIOENEN
Nautilus International heeft zich sterk ingezet voor verruiming van de herstelperiode voor de pensioenfondsen. En met succes! De herstelperiode was eerder vastgesteld op drie jaar, maar gezien de huidige economische ontwikkelingen blijkt deze termijn niet haalbaar. De periode is nu vastgesteld op vijf jaar, zodat de pensioenfondsen langer de tijd krijgen hun financiële positie te herstellen. Dit heeft weer een direct positief effect op de leden die actief deelnemen in een pensioenfonds of
met pensioen zijn: pensioenfondsen hoeven nu immers geen onevenredig zware maatregelen te nemen zoals een verlaging van de pensioenrechten als gevolg van de kredietcrisis. AOW LEEFTIJD
Belangrijk punt in het sociaal akkoord is de pensioengerechtigde leeftijd. Het kabinet wilde deze opschroeven naar 67 jaar, een zeer onwelkome maatregel voor werknemers in de maritieme sector. Hoewel de AOWleeftijd voor iedereen 65 jaar is, kunnen medewerkers in de koopvaardij met een speciaal pensioenarrangement nu op 60-jarige leeftijd uittreden. Ook de binnenvaart kent een bijzonderdere regeling die het mogelijk maakt dat werknemers iets eerder dan 65 jaar met pensioen kunnen gaan. Indien de AOW-leeftijd wordt verhoogd, komen deze arrangementen echter in gevaar. Nautilus International is dan ook tevreden met het bereikte resultaat. Overigens is wel in het sociaal akkoord vastgelegd dat de Sociaal Economische Raad (SER) voor 1 oktober 2009 met alternatieven moet komen. De FNV heeft inmiddels een aantal voorstellen in beraad die de komende maanden verder uitgewerkt en doorberekend worden. We houden u op de hoogte. DEELTIJD WW
De vakbonden hebben vanaf het begin van de economische crisis gepleit voor een regeling om personeel zo veel mogelijk aan het werk te houden. Vooral voor bedrijven die door de crisis te kampen hebben met
tijdelijk omzet- en orderverlies, zou het onverstandig zijn over te gaan op gedwongen ontslag van vakkrachten. Zeker wanneer verwacht wordt dat de situatie binnen het bedrijf weer normaal wordt bij een aantrekkende economie. De overheidsregeling deeltijd WW moet hierin uitkomst bieden. Medewerkers die in de deeltijd WW terechtkomen, gaan tijdelijk minder uren werken, waarbij zij voor de niet gewerkte uren (tot maximaal 50 procent) in aanmerking komen voor een WW-uitkering. De gewerkte uren worden gewoon door de werkgever betaald. De vakbond moet overigens akkoord gaan met de regeling en daarnaast moet de werkgever de werknemer een scholingstraject aanbieden voor de niet gewerkte uren. Werknemers kunnen maximaal vijftien maanden gebruik maken van deeltijd WW: eerst drie maanden en daarna eventueel nog tweemaal zes maanden. WERKGELEGENHEID
Ook het creëren van werkgelegenheid staat hoog op de sociale agenda. In dit verband wil Nautilus International afspraken maken met rederijen over werkgelegenheidsgarantie. De vakbond pleit voor stage- en/of baangarantie voor het zittend en instromend personeel op ferry’s. Nadruk ligt hierbij op de instroom van jonge Europese arbeidskrachten. Momenteel wordt veel gebruik gemaakt van werknemers buiten de EU en dat gaat ten koste van de Europese werkgelegenheid. Zeker in deze economische moeilijke tijd is het van belang hierover goede afspraken te maken.
STAND VAN ZAKEN
ThyssenKrupp Veerhaven gaat alle 180 medewerkers aanmelden voor de bijzondere regeling. Dat wil natuurlijk niet zeggen dat iedereen ook in de deeltijd WW terechtkomt; wel biedt het de zekerheid dat eventueel gedwongen ontslag gedurende de afgesproken WW-periode is afgewend. Het contract is inmiddels opgesteld en ligt klaar om door alle partijen ondertekend te worden, waarna het de deur uitkan. Nautilus gaat nu samen met de werkgever en de onderwijscoördinator praten over het te ontwikkelen scholingstraject. In de toekomst wordt het in Europees verband waarschijnlijk verplicht dat medewerkers op binnenvaartschepen de Engelse taal beheersen. Het gaat hierbij om binnenvaartschepen die ook zeehavens aandoen, zoals het geval is met ThyssenKrupp Veerhaven. De verwachting is dan ook dat de opleiding toegespitst zal worden op het leren van de Engelse taal.
g
Meer informatie over deeltijd WW is te vinden op het ministerie van sociale zaken en werkgelegenheid: www.szw.nl
Rechtsbijstand voor alle leden alle leden behartigt onder andere in geval van (dreigend) ontslag. Mieke den Hollander A is de ‘huisadvocaat’ van Nautilus International die deze zaken voor haar rekening neemt. In deze uitgave geven we een kijkje in de keuken van de advocaat die de belangen van
Mieke begeleidt ondermeer ontslagregelingen tussen werkgever en werknemer, voert rechtzaken, geeft juridisch advies over ontslagprocedures en stelt verweerschriften op. ‘Leden komen bij mij wanneer zij een verzoekschrift voor ontslag van hun werkgever hebben ontvangen’, aldus Mieke. ‘De procedure is dan al in gang gezet en voor de werknemer breekt een onzekere tijd aan. Een ontslagaanvraag heeft een enorme impact op de gedupeerden; hun toekomst staat op losse schroeven, terwijl vaste lasten gewoon doorlopen. Vaak merk je dat mensen heel opgelucht zijn als zij hun verhaal kwijt kunnen en dat ze weten dat er een advocaat voorhanden is die hun zaak serieus neemt.’ RECHTSGEVOEL
Goed voorbeeld van een zaak waarvoor Nautilus International zich met succes hard heeft gemaakt — en wat u al uitgebreid heeft kunnen lezen in eerdere edities — is de kapitein van de Statendam waarvoor werkgever HAL een ontslagaanvraag had ingediend. De rechtzaak heeft maar liefst twee jaar in beslag genomen waarbij de kapitein maar één ding wilde: terugkeren op zijn brug. ‘We hebben de zaak gewonnen, maar hier is ook een groot compliment op zijn plaats voor de rechters die de kapitein in zijn gelijk stelden’, vervolgt Mieke. ‘Zeker voor Nederlandse begrippen hebben de rechters een zeer gedurfde uitspraak gedaan: de kapitein kreeg een vergoeding toegekend van maar liefst €750.000,-. Door dit bedrag op te leggen, werd de werkgever in feite gedwongen het verzoek in te trekken en de kapitein in dienst te houden. Ik vind dat de rechters alles wat met rechtsgevoel te maken heeft, hebben waargemaakt. We hebben dus niet vergeefs een beroep op hen gedaan!’. VOORDELEN
Leden van Nautilus International betalen lidmaatschap en dat betekent dat zij automatisch recht hebben op juridische bijstand. ‘Dat is ook het fijne van mijn werk’, vervolgt Mieke. ‘Ik kan alle rechtsbescherming bieden zónder extra kosten. Ik raad mensen dan ook aan tijdig juridisch advies in te winnen. Oók als het nog ‘slechts’ een conflict betreft tussen werknemer en werkgever. Wij hebben de expertise in huis en kennen de reders. Door in een vroeg stadium aan de bel te trekken, kunnen we de belangen van onze leden echt op de beste manier behartigen.’
June 2009 | nautilusint.org | telegraph | 31
NL NEWS
In gesprek met Erwin Cramer: Oud-profvoetballer werkt doelgericht naar oplossingen binnen Bpf Koopvaardij
SVITZER Amsterdam gaat reorganiseren
A
Hij begon zijn flitsende carrière in het profvoetbal. Na voor clubs gespeeld te hebben als Ajax, Fortuna Sittard, Helmond Sport en Willem II, rondde Erwin Cramer een aantal managementstudies af en werkte hij als projectmanager bij diverse organisaties. Cramer is gespecialiseerd in het invoeren en begeleiden van organisatieprocessen. Sinds dit jaar is hij directeur van het Bestuursbureau Pensioenen van Bedrijfspensioenfonds Koopvaardij.
A
Door de economische crisis is alles in een stroomversnelling geraakt en SVITZER Amsterdam moet alle zeilen bijzetten om het hoofd boven water te houden. Het sleepbedrijf gaat reorganiseren om weer op koers te komen. Dat dit ook gevolgen heeft voor de vloot en de medewerkers laat zich raden. Vorig jaar leek alles nog voor de wind te gaan en SVITZER Amsterdam investeerde in drie extra sleepboten. Dit bleek helaas een verkeerde inschatting. Niet alleen verloor het sleepbedrijf veel klanten aan de concurrent — al heeft de onderneming nog altijd een marktaandeel van 73% —, ook was er onvoldoende werk voor de nieuwe schepen en raakte SVITZER Amsterdam door mismanagement nog verder in de rode cijfers. Het roer moest om, dat was duidelijk. Het bedrijf gaat daarom reorganiseren. Het personeel is op 28 april jongstleden geïnformeerd over de voorgenomen plannen en het management is inmiddels de wacht aangezegd. Op 29 april is de adviesaanvraag naar de ondernemingsraad gestuurd, die half juni met een reactie zal komen.
Cramer begon in januari vol enthousiasme aan een nieuwe uitdaging, namelijk het inrichten van het Bestuursbureau Pensioenen voor het Bedrijfspensioenfonds Koopvaardij (Bpf Koopvaardij). ‘De regelgeving wordt steeds complexer en bestuurders krijgen steeds meer verantwoordelijkheden’, aldus Cramer, ‘daarom heeft Bpf Koopvaardij besloten een bestuursbureau in het leven te roepen om zo een nog betere dienstverlening aan werkgevers en de deelnemers te kunnen bieden. In feite zitten wij tussen de pensioenuitvoerder en het bestuur maar duidelijk werkend in opdracht van en voor het bestuur.’
verschillende voordelen die zowel voor de werkgevers als de deelnemers gerealiseerd kunnen worden.’
ONDERSTEUNENDE ROL
MN SERVICES
Het bestuursbureau ontlast het bestuur en zorgt voor een optimale ondersteuning van alle administratieve taken. Zo zal het bestuursbureau zorgen dat communicatieplannen, offertes, jaarplannen en begrotingen worden opgesteld, worden rapportages gecontroleerd en wordt intensief geschakeld met de vermogens- en pensioenuitvoerder. Wanneer specialistische kennis moet worden ingezet (onder andere accountant en actuaris) zorgt het bestuursbureau dat deze worden ingehuurd.
De pensioenuitvoering is nu nog in handen van Syntrus Achmea, maar vanaf 1 januari 2010 zal Mn Services deze uitvoerende taak op zich nemen. Wat kunnen de deelnemers als gevolg van deze verandering verder nog verwachten? Cramer: ‘Heel concreet hebben we bijvoorbeeld aan Mn Services gevraagd niet alleen de huidige website aan te passen, maar ook een speciale online pensioenplanner te ontwikkelen. Met de pensioenplanner krijgen actieve en slapende deelnemers rechtstreeks inzicht in hun pensioenopbouw en pensioenuitkering op basis van de meest actuele gegevens.’ Met de komst van het Bestuursbureau Pensioenen waait er een frisse wind door Bpf Koopvaardij met Erwin Cramer aan het roer van Bestuursbureau. ‘De Koopvaardij vormt een bijzondere bedrijfstak’, eindigt de kersverse directeur. ‘Het is een intensief beroep, bemanning is vaak maandenlang van huis en de onderlinge band is hecht. Bpf Koopvaardij is opgericht voor en door de bedrijfstak en dat merk je door alle gelederen heen. Wat mij opvalt is dat het bestuur van Bpf Koopvaardij openstaat voor veranderingen en daarin niet schroomt te kijken hoe zij zelf kan veranderen. De verandering komt daarmee van binnen en wordt niet van buiten opgelegd. De samenwerking met het bestuur en deelnemersraad is bijzonder prettig en ik voel me hier in korte tijd al aardig in mijn element.’
PILOT
Het bestuursbureau zal samen met Stichting Scheepvaart gehuisvest worden onder één dak, ten behoeve van een nauwe samenwerking. Stichting Scheepvaart is opgericht door de sociale partners in de maritieme sector. Het bestuur wordt gevormd door vertegenwoordigers van werkgeversen werknemersorganisaties. De stichting coördineert administratieve diensten en biedt bestuurlijke ondersteuning aan scheepvaartorganisaties, zoals de zorgverzekeraar OWM AZVZ en het Opleidings- en Ontwikkelingsfonds. Stichting Scheepvaart is ook het secretariaat dat voor Bpf Koopvaardij de inning van de pensioenpremies verzorgt. Cramer: ‘Door een intensieve samenwerking en een verbetering van methodes voor aanlevering van de gegevens willen we ervoor zorgen dat de gegevensactualiteit verbetert. Hiervoor gaat binnenkort een pilot van start. Als het allemaal voorspoedig verloopt zijn er
Erwin Cramer VERVALLEN ARBEIDSPLAATSEN
Wat houdt de reorganisatie in grote lijnen in? SVITZER Amsterdam wil de vloot optimaliseren door vijf in plaats van drie sleepboten in de twaalf uursdienst in te zetten. Dit zou ruimte aan extra medewerkers
moeten bieden, maar door een roosterwijziging verdwijnen er ook arbeidsplaatsen. Verder worden twee sleepboten in de verkoop gezet waardoor veertien arbeidsplaatsen komen te vervallen. Totaal gaat het om een verlies van 28 arbeidsplaatsen. Zoals het er nu naar uitziet vallen er geen gedwongen ontslagen: tijdelijke contracten zullen niet worden verlengd en medewerkers die binnen twee jaar de dienst kunnen verlaten, zijn bovenbudgettair meegenomen. Ook door middel van herplaatsing wil het bedrijf gedwongen ontslag voorkomen. Daarnaast verhuist het kantoor in Amsterdam naar IJmuiden, maar dit heeft geen personele consequenties. ADVIESAANVRAAG
Toch is er nog een aantal onduidelijkheden in de adviesaanvraag. Zo wil SVITZER Amsterdam het aantal medewerkers op enkele boten van drie naar twee terugbrengen. De vraag is echter welke gevolgen dit heeft voor de bemanning met betrekking tot de veiligheid en dergelijke. Ook is nog niet duidelijk hoe het sleepbootbedrijf de vloot zo efficiënt mogelijk gaat inzetten. Kortom: er zijn nog vragen die onbeantwoord blijven in de huidige adviesaanvraag. Eind mei overlegt Nautilus International met de OR over de voorgenomen reorganisatieplannen. Omdat de adviesaanvraag volgens de vakbond nog onvoldoende onderbouwd is, zal zij de OR adviseren vooralsnog geen positief advies uit te brengen.
Gedeeltelijk Protocol inzake doorvaarregeling arbeidsongeschikt? WIA-hiaatverzekering dicht gat Golf van Aden tussen vervolguitkering en wederom verlengd verdiencapaciteit A
De Golf van Aden blijft een gebied van aanhoudend terreur waar piraten elke kans aangrijpen schepen met geweld aan te vallen. Deze maand nog werd een Nederlands Antilliaans schip gekaapt door Somalische piraten. De enorme risico’s die zeevarenden lopen, waren al eerder aanleiding om een protocol te ontwikkelen inzake een doorvaarregeling in de Golf van Aden. Gezien de actuele ontwikkelingen hebben Nautilus International en de gemeenschappelijke reders besloten het protocol voor de derde keer met twee maanden te verlengen. Het protocol geldt voor alle opvarenden aan boord van de Nederlandse vlagschepen. Naast een vrijwilligheidregeling onder voorwaarden en een vergoedingsregeling, beslaat het protocol afspraken over te nemen veiligheidsmaatregelen, informatieverstrekking én het gezamenlijk aandringen van de ondertekenaars bij de Nederlandse overheid op verdere bescherming van Nederlandse schepen door de Nederlandse marine. Piraterij vindt echter niet alleen plaats in de Golf van Aden. Ook in landen aan de Afrikaanse westkust worden schepen regelmatig geconfronteerd met serieuze vormen van geweld door zeepiraten. Daarom is Nautilus International nu in gesprek met de gemeenschappelijke reders om tot een overeenkomst te komen voor een regeling voor gevaarlijke gebieden in het algemeen, náást de reeds bestaande regeling voor oorlogsgebieden.
A
De scheepvaart is een bijzondere bedrijfstak met een sterk internationaal karakter. Medewerkers zijn vaak maandenlang van huis, wonen meestal niet in de buurt van hun werkgever en werktijden zijn anders georganiseerd dan aan wal. De normale ziektekostenregelingen kunnen daarom niet op zeevarenden worden toegepast en vallen onder het speciale fonds Onderlinge Waarborgmaatschappij Zee-Risico 1996 (OWM ZR) van Stichting Scheepvaart. Ook de WIA-hiaatverzekering voor zeevarenden valt onder de zorg van OWM ZR. Dit is een aanvulling op de vervolguitkering van werknemers die gedeeltelijk arbeidsongeschikt zijn en waarbij arbeidsongeschiktheidspercentage tussen 35% en 80% ligt. De vervolguitkering is van toepassing wanneer de werknemer er na twee jaar niet in slaagt 50% of meer van zijn theoretische verdiencapaciteit met arbeid in te vullen. Aangezien de vervolguitkering een percentage bedraagt van het minimumloon, betekent dit veelal een forse inkomensterugval. De WIA-hiaatverzekering biedt dan uitkomst; deze vult namelijk de vervolguitkering aan alsof de betrokken werknemer tenminste 50% van zijn verdiencapaciteit invult met werk (en recht zou hebben gehad op een loonaanvulling van het UWV). De uitkering wordt jaarlijks met 10% verminderd en vervalt na ten hoogste tien jaar. Gedurende de hele periode dat de werknemer recht heeft op de WIA-hiaatverzekering, wordt ruim aandacht besteed aan reïntegratie. Werk vóór inkomen blijft dus centraal staan!
g
Komt u in aanmerking voor de WIA-hiaatverzekering? Vraag uw werkgever u aan te melden via www.scheepvaartnet.nl. Op de website vindt u ook meer informatie over deze bijzondere regeling.
32 | telegraph | nautilusint.org | June 2009
CRIMINALISATION How do masters and officers manage to cope in the increasingly criminalised world of shipping? A top-level legal seminar at Warsash Maritime Academy last month considered the need for them to be very, very careful…
Eye-opening seminar on officers and the law J
On Friday 15 May 2009 Phil Haddon, Claire Morgan and David Handley of Hill Dickinson LLP London and Captain Salter of Southampton Solent University gave a presentation at Warsash Maritime Academy to senior students and representatives of the local shipping industry on casualty response, risk assessment and personal injury investigation, at the Academy campus. The seminar came about after a meeting of the personal injury and regulatory team at Hill Dickinson, which had been convened so the team could discuss how it could better improve its services to the shipping industry. David Handley is a recent recruit to this team, having previously spent 12 years at sea with a major passengership operator, and he soon identified a gap in the training of seafarers with regard to various legal processes that could affect a master. While much of the legal train-
ing received at various levels by seafarers within the UK still has a great deal of relevance, there are various omissions that need to be addressed in order to prepare masters and other ship’s officers for the likely consequences of being involved in a major (or minor) casualty and the actions that they should and must take in the immediate aftermath — something that fortunately few will be involved with. In discussion with the head of the Hill Dickinson Marine, Trade & Energy practice group, Maria Pittordis, it was agreed that the firm would approach Warsash Maritime Academy with regard to delivering a combined seminar which dealt with the basics of these issues. Interest was immediate from all involved and the project grew from this. With both the rise in criminal investigations and prosecution of seafarers and an increasingly litigious society, it is far more necessary now for seafarers to be
more legally aware. At the very early stages of an incident, particularly a major one, the actions initially taken are crucially important for both the defence of any criminal proceedings against the company or the master themself, and the response to civil claims which can run into millions. Most seafarers are wholly under-prepared for such an event, and whilst in today’s modern world of instant communications it is easy to obtain legal advice, there may not be time for this when dealing with the initial stages of an emergency, when the priority onboard must rightly be the ISM objectives of protection of life, the environment and of company property.
J
There is no substitute for being properly prepared and trained to deal not only with the emergency situation, but with the possible complications arising.
Buy all five titles for
£70
RRP £90
In Command Captains Legal The Pocket Book of Anchoring Master Pocketbook Standby Vessels Master Pocketbook Checklists
Witherby Seamanship International Ltd 4 Dunlop Square, Livingston, Edinburgh, EH54 8SB, Scotland, UK
Tel No: +44(0)1506 463 227 Fax No: +44(0)1506 468 999 Email: info@emailws.com www.witherbyseamanship.com
Hill Dickinson is currently discussing with Warsash Maritime Academy the possibility of presenting a similar seminar on the implications of the Corporate Manslaughter Act with particular reference to the shipping industry, on which Maria Pittordis is a leading authority. If you feel that a presentation similar to the above might benefit you and your organisation please contact David Handley either on 020 7283 9033 or at david.handley@hilldickinson.com With the immediacy of the modern media, the shipping industry has learnt that in the more high profile cases there can be a great deal of media and public interest: the Erika and Prestige incidents are evidence of this. When masters make port, either in a damaged vessel or following rescue, there will be an army of people vying for their time. Some they must speak to, some they should speak to and some they should avoid, but masters will not usually know who is who — immediately putting them at a disadvantage, especially if the vessel’s own legal representation has not yet arrived. Two vital aspects of any accident investigation are disclosure and legal privilege. These occasion wide-ranging and at times complicated legal issues. It may not always be possible to teach seafarers all the intricacies here, but they should at least get the basics so they are aware of the matters that can arise. The seminar was also aimed at the operational management, such as technical managers, marine superintendents and DPAs. Their involvement and actions at an early stage can be crucial if it comes to any subsequent civil claim — for example, quick response can be vital to the preservation of evidence. However, they might also unintentionally hamper any future steps by insistence on receiving a full written report from the master immediately — a document that might contain unverified statements of fact, and might have been written during a period of charged emotion among those onboard, and which might also prove (in any
subsequent legal action) to be disclosable to the other side.
J
While the seminar did not seek to turn masters or superintendents into lawyers, it was aimed at opening their eyes to various aspects of the law which are not always adequately taught. It would be fair to say that this was an eye-opener for a number of those within the audience, especially given the recent development of the Corporate Manslaughter Act, where the anticipation is that the level of fine in appropriate cases is 10% of gross worldwide revenue (not profit), a figure which very few companies could realistically pay
and expect to survive. With the increased number of claims received by shipowners from passengers, crew and dock workers, it is also necessary for seafarers now to be adept accident investigators with regard to smaller claims involving personal injury. An accident that seems fairly innocuous at the time could lead to a large civil claim, and it is therefore necessary for seafarers to be able to provide the fullest picture of the circumstances — including all the documentary evidence generated by the vessel’s systems and as part of the investigation, either to their insurance and claims department or their P&I Club. It is vitally important that such investigations are as full and complete as possible, as there is no substitute for a thorough contemporaneous analysis, and any delay may mean that evidence is lost, which could disadvantage the defence of a claim.
An accident that seems fairly innocuous could lead to a large civil claim
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42 | telegraph | nautilusint.org | June 2009
SHIPTOSHORE
M-Notices M-Notices, Marine Information Notes and Marine Guidance Notes issued by the Maritime & Coastguard Agency recently include: MGN 393 (M+F): Navigation Light Units: Maintenance and the Use of New Technology Light Sources, such as Light Emitting Diodes (LEDs), as Navigation Lights on SOLAS and nonSOLAS Vessels Some new technology light sources, such as LED lights, ensure long life and low power consumption — characteristics that are highly desirable for use in navigation lights to reduce battery drain, and to maintain light intensity over a wide voltage range to reduce maintenance costs. But in the marine environment, they need to perform to their maximum capability, and this guidance gives information about installation criteria and compliance with International Maritime Organisation and colreg rules. Navigation lights fitted to UK-registered commercial vessels must be of a type approved in the MCA’s Instructions for the Guidance of Surveyors — Survey of Lights and Signalling Equipment. Manufacturers’ instructions on installation and maintenance should be closely followed, says the M note. Replacement items, such as lamps or new technology light sources, should be identical or equivalent to the original. Chromatic accuracy of any replacement light source, when placed behind a lens, should comply with colregs. Before the installation of new technology light sources in existing lanterns, the manufacturers of the mounting/lighting unit should be consulted to assess suitability. If there is any doubt about suitability or compatibility of replacement lamps with the lantern, the replacement should not be used, the M note warns. And if there is any doubt about the unit’s compliance, when assembled, advice should be sought if possible from the lantern manufacturers rather than the replacement light source supplier. The MCA advises caution if LED light sources are retrofitted to existing lanterns, as this may invalidate the type approval. It recommends that manufacturers’ advice should be sought before substitutions are made. The M note also includes guidance on maintenance and equipment checks. MGN 392: (M+F) Radio Survey Service: Authorisation There are new arrangements for radio surveys on UK vessels. The new arrangements, on which this M note gives guidance, apply from 1 April 2009, replacing SELEX communications arrangements. From 1 April, the following persons or organisations are authorised to conduct radio surveys: z for classed vessels except passenger ships and fishing vessels, the appropriate UK-recognised classification society z for unclassed vessels and passenger ships and fishing vessels, persons authorised by the MCA z for the radio installation of an emergency response and rescue vessel in accordance with the UK’s offshore operations association UKOOA’s survey guidelines, persons authorised by the MCA. Procedures for arranging radio surveys, and for persons wishing to obtain authorisation to carry them out, are explained in the M note.
The face of Nautilus Dave Morrison, Council member g
Dave Morrison was re-elected to the Nautilus Council last month — making him one of the longest-serving members on the Union’s governing body. A first assistant engineer officer presently serving on a mobile offshore drilling unit off Libya, Dave first went to sea in 1968 after serving a heavy marine engine fitter apprenticeship at the Wallsend Slipway engineering works. ‘I was working in the drawing office and used to do a lot of sea trials, which I used to enjoy and thought why not give it a try for five years? Here I am all this time later, and I’ve no regrets about going to sea.’
Information is also included on fees, the conduct of surveys, on certification and endorsement, on survey deficiencies, on surveyor independence, and on exemptions. MIN 392 (M+F): Research project 577: The Control of the Spread of Non Indigenous Species through Ballast Water In 2004, the International Maritime Organisation adopted the convention for the control and management of ships’ ballast water and sediments — but for the UK the convention raised several issues. To better understand the underlying issues, the MCA commissioned research, undertaken by Newcastle University, on the control of the spread of non-indigenous species through ballast water. The research was conducted in two parts. Part A was limited to identifying the ports in which ballast water is ‘imported’ into the UK, then estimating how much ballast is discharged into those ports. Part B focused on providing information to enable the UK to prepare for implementation of the convention, including technical, scientific, regulatory, statistical and legal issues associated with sampling ballast water on ships for demonstrating compliance. A full report and executive summary of Part A and B of the project can be downloaded from the MCA website: http://www.mcga.gov.uk The IMO convention came about in recognition of the problems caused by the transportation around the world of non-indigenous species in ships’ ballast water. The M notes explains: ‘Species that do survive in the ballast tanks have the ability to impact on the aquatic environment by becoming invasive, out-competing native species and multiplying into pest proportions. Their effects can also impact on the economy of a country as tourism and commercial shellfish and fish industries can be undermined.’ The note further warns that public health risks have arisen from shellfish contaminated by toxic algae, and that there is a possibility that the disease cholera can be transported in ballast water. MGN 334 (M): Amendment New National Boatmaster’s Licence — Local Information and Local Knowledge This amendment corrects the information of local requirements for the Nor folk and Suffolk Broads.
M-Notices are available in three ways: a set of bound volumes, a yearly subscription, and individual documents. z A consolidated set of all M-Notices current on 30 July 2007 (ISBN 9780115528538) is published by The Stationery Office for £195 — www.tsoshop.co.uk/bookstore.asp z Annual subscriptions and copies of individual notices are available from the official distributors: Mail Marketing (Scotland), MCA, PO Box 87, Glasgow G14 0JF. Tel: +44 (0)141 300 4906; fax: +44 (0)141 950 2726; email: mca@promo-solution.com z Individual copies can be collected from MCA offices, electronically subscribed to or downloaded from the MCA website — www.mcga.gov.uk — click on ‘Ships and Cargoes’, then ‘Legislation and Guidance’.
Dave found a job as an engineer officer with Ben Line Steamers then spent 13 years working in the deepsea trades. ‘Towards the end, most of the general cargoships were being replaced by box boats, and motor ships were replacing steam ships, so I thought it was an opportunity to transfer ,’ he adds. He then switched to the offshore sector, working for the Ben Line subsidiary Atlantic Drilling before being made redundant in the 1992 slump. But he found a new job with Global Marine, later to become Global Santa Fe and then Transocean, where he still works. Dave first became involved with
Nautilus meetings with members: diary dates Nautilus has always had a firm commitment to dialogue with its members and that commitment continues to this day, with the Union placing a high priority on contact between members and officials. UK-based officials make regular visits to ships, and a variety of different meetings are held by the Union to encourage a healthy exchange of views. The Union also offers the chance for members to meet Nautilus International’s UK officials when they make regular visits to ships in ports and nautical colleges, or stage specialist forums. These visits aim to give members the chance to get advice on employment and other problems that cannot easily be dealt with by letter or email. Times and venues for meetings in the next few months are:
COLLEGE VISITS Nautilus UK’s recruitment team is now holding regular meetings with trainees and members at all the UK’s maritime colleges. Contact Steve Doran or Garry Elliott at the Wallasey office for visiting schedules and further details. SHIP VISITS If you have an urgent problem on your ship, you should contact Nautilus — enquiries@nautilusint.org — to ask for an official to visit the ship. Wherever possible, such requests will be acted upon by the Union and last year more than 200 ships were visited by Nautilus UK officials as a result of contact from members. If you need to request a visit, please give your vessel’s ETA and as much information as possible about the problem needing to be discussed.
SCOTLAND Members employed by companies based in the west of Scotland should contact Nautilus International at Nautilus House, Mariners’ Park, Wallasey CH45 7PH (tel: +44 (0)151 639 8454). Members employed in the offshore oil sector, or by companies based in the east of Scotland, should contact +44 (0)1224 638882. This is not an office address, so members cannot visit in person. Future dates and venues for Nautilus International meetings of the National Professional & Technical and National Pensions Forums include: f National Professional & Technical Forum – this body deals with technical, safety, welfare and other professional topics relevant to shipmaster and chief
engineer officer members. The next meeting is due to be held in Rotterdam, at a venue to be announced later, on Tuesday 22 September, starting at 1300hrs. f National Pensions Forum – this body was established to provide a two-way flow of information and views on all pension matters and pension schemes (not just the MNOPF). This forum is open to all classes of Nautilus UK member, including associate and affiliate. The next meeting will be held on Wednesday 17 June at the Cardiff Holiday Inn Hotel, Castle Street, Cardiff, starting at 1100hrs. All full members of the relevant rank or sector can attend and financial support may be available to some members by prior agreement. For further details contact head office.
INDICATORS ACDB Latest government figures show a sharp fall in the rate of UK inflation and in the level of average annual wage increases. According to the Office of National Statistics, CPI annual inflation — the government’s target measure — was 2.3% in April, down from 2.9% in March. The RPI inflation measure — usually used as a basis for pay negotiations — was -1.2% in April; that is a fall of 1.2% on the year, compared with -0.4% in March.
RPIX inflation — the ‘all items’ RPI excluding mortgage interest payments — was 1.7% in April, down from 2.2% in March. The ONS reported that average earnings including bonuses fell by 0.4% in the year to March 2009, down from the February rate of 0.2%. Average earnings excluding bonuses, or regular pay, rose by 3.0% in the year to March 2009, down from the February rate of 3.2%. Independent figures from the research organisation Income Data
Services showed the median pay settlement remained strong at 3% in the three months to the end of March, although lower than the 3.4% for the quarter to the end of February. In April, however, one third of the pay settlements monitored by the IDS were pay freezes and the median award had dropped top 2%. Compared with 2008, the amount of pay freezes has increased from less than 1% in 2008, to 25% this year — although one in seven settlements are around the 3.0% mark.
Stick up for Nautilus UK’s Sea Sense campaign! NAUTILUS UK offers a range of free stickers to help you show your support for British shipping.The ever-popular Sea Sense car stickers have been spotted all over the world — why not put one in your back window? We also have some smaller paper Sea Sense stickers to put on envelopes. There is also the ‘delivered by ship’ selection, showing the variety of products that reach our shops thanks to merchant ships and seafarers. These are ideal for handing out at schools and festivals.
All the stickers promote Nautilus UK’s special campaign website www.seasense.co.uk, designed to raise public awareness of the need for maritime skills — and where you can sign an electronic petition urging the government to take more effective measures to support British shipping and seafarers. If you’d like some free stickers, simply contact Nautilus UK’s Central Services department and let them know how many you need. Call Central Services on +44 (0)20 8989 6677 or email centralservices@nautilusuk.org
the Union during redundancy talks with Atlantic Drilling in 1985. He went on to become a lay representative, and was persuaded to stand for Council in 1991. Re-elected on a platform to protect members’ jobs, sustain cadet training and to ensure that things run smoothly within the new Union, Dave is pleased to be back on Council — but admits to some mixed feelings. ‘The profile of Council is very much like the Merchant Navy,’ he points out, ‘with the majority of us well over 40. It would be very nice to see some younger blood coming through, as they look at things very differently from us.’
Quiz answers 1. Demolition activity in 2008 totalled 12.5m dwt – almost double the 2007 figure of 6.4m dwt. 2. In 1900 94.7% of British ships entering and clearing British ports were steam-powered, compared with 83.8% of foreign ships. 3. Average TEU of ships in the world’s top 25 operators’ fleets is 3,425TEU. 4. The Cunard liner Mauretania, for 22 years, from 1907. 5. Almost 47% of the fleet controlled by owners in the European Economic Area is registered under third country flags. 6. A mathematical formula for calculating the cubic capacity of ships, which came into force in 1849 after a Board of Trade committee chaired by Admiral Moorsom produced rules for assessing the tonnage of ships.
Crossword answers Quick Answers Across: 1. Slippage; 5. States; 9. Unpopular; 11. Olive; 12. Bloodbrother; 15. Amen; 16. Aspergilla; 18. Subsequent; 19. Ogle; 21. Oscilloscope; 24. Adorn; 25. Rain gauge; 26. Extort; 27. Agitated; Down: 1. Stun; 2. Imps; 3. Pupils; 4. Gallows humour; 6. Thorough; 7. Trichology; 8. Shearwater; 10. Rubbernecking; 13. Passionate; 14. SerboCroat; 17. Berliner; 20. Spigot; 22. Hunt; 23. Bend. This month’s cryptic crossword is a prize competition. The answers will appear in next month’s Telegraph. Congratulations to Nautilus member D.A. Watt whose name was the first to be drawn from those who completed the May cryptic crossword. Cryptic answers from May Across: 1. Emblematic; 6. Wine; 9. Comforting; 10. Ages; 12. Dutch courage; 15. Rendition; 17. Laird; 18. Spain; 19. Freighter; 20. Hair’s breadth; 24 Trim; 25. Earthworks; 2. Carp; 27. Starry-eyed. Down: 1. Each; 2. Bomb; 3. Evolutionist; 4. Aztec; 5. Innocence; 7. Ingratiate; 8. East Enders; 11. Mulligatawny; 13. Prosthetic; 14. Unfamiliar; 16. Informant; 21. Altar; 22. Tray; 23. Used.
Need to contact Nautilus International in the Netherlands? The address is: Schorpioenstraat 266 3067 KW Rotterdam Tel: +31 (0)10 477 1188 Fax: +31 (0)10 477 3846 Email: infonl@nautilusint.org Correspondentieadres: Nautilus International Postbus 8575 3009 AN Rotterdam
June 2009 | nautilusint.org | telegraph | 43
JOIN NAUTILUS
When trouble strikes, you need Nautilus
www.nautilusint.org Ten good reasons why you should be a member: 1. Pay and conditions Nautilus International negotiates on your behalf with an increasing number of British, Dutch and foreign flag employers on issues including pay, conditions, leave, hours and pensions. The Union also takes part in top-level international meetings on the pay and conditions of maritime professionals in the world fleets.
national and international discussions on such key issues as hours of work, crewing levels, shipboard conditions, vessel design, and technical and training standards. Nautilus International has a major say in the running of the industry wide pension schemes in the UK and the Netherlands.
It’s easy to apply for membership online at www.nautilusint.org But if you can’t get internet access right now, why not fill in this form and let us start your enrolment process? SURNAME FIRST NAMES GENDER DATE OF BIRTH
2. Legal services With the maritime profession under increasing risk of criminalisation, Nautilus International provides specialist support, including a worldwide network of lawyers who can provide free and immediate advice to full members on employment-related matters. Members and their families also have access to free initial advice on non-employment issues.
7. Savings Being a Nautilus International member costs less than buying a newspaper every day and gives you peace of mind at work, with access to an unrivalled range of services and support. It’s simple to save the cost of membership — by taking advantage of specially-negotiated rates on a variety of commercial services ranging from tax advice to UK credit cards, and household, motoring, travel and specialist insurance.
3. Certificate protection As a full member, you have free financial protection, worth up to £102,000, against loss of income if your certificate of competency is cancelled, suspended or downgraded following a formal inquiry. Full members are also entitled to representation during accident investigations or inquiries.
8. In touch As a Nautilus International member, help is never far away — wherever in the world you are. Officials regularly visit members onboard their ships and further support and advice is available at regular ‘surgeries’ and college visits throughout the UK and the Netherlands. There is also an official based in Singapore.
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4. Compensation Nautilus International’s legal services department recovers substantial compensation for members who have suffered work-related illness or injuries.
9. Your union, your voice Nautilus International is the voice of some 25,000 maritime professionals working in all sectors of the shipping industry, at sea and ashore. As one of the largest and most influential international bodies representing maritime professionals, the Union campaigns tirelessly to promote your views.
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5. Workplace support Nautilus International officials provide expert advice on work-related problems such as contracts, redundancy, bullying or discrimination, non-payment of wages, and pensions. 6. Safety and welfare Nautilus International plays a vital role in
10. Get involved! Nautilus International is a dynamic and democratic union, offering members many opportunities to be fully involved and have your say in our work — at local, national and international levels.
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44 | telegraph | nautilusint.org | June 2009
NEWS
“The longer
Glasgow starts work on state-of-the-art new maritime skills centre
we deny that complacency exists, the longer it will g take to build the barriers against it”
The Scot Trader pictured after last October’s Channel collision, with the hull damage shown in the inset image Pictures: MAIB
MAIB chief inspector Stephen Meyer
MAIB in new alert over complacency
Work begins this month on a £5.6m project to construct a new marine skills centre at Glasgow College of Nautical Studies. Being built on the banks of the river Clyde as part of the New Campus Glasgow project, the centre will include a new state-of-the-art teaching facility, the refurbishment of existing classrooms to be used as a workshop, and a new pontoon with free-fall lifeboat. It will replace the college’s existing marine facility, which was built as a boat shed in 1968 and has been deemed no longer fit for purpose. Due to be completed within a year, the new facility will be built on the river embankment and, although attached to the land, will appear to float above the water.
Some £5.2m support for the project is being provided by the Scottish Funding Council. Its chairman, Mark Batho, commented: ‘These new facilities will contribute to the regeneration of the Clyde, as well as providing facilities that are on par with those of other specialist nautical training centres around the world.’ GCNS depute principal Richard Speight described the work as ‘a milestone in Glasgow’s proud maritime history’. He added: ‘We aim to set standards others will follow, and our new marine skills centre is a flavour of what’s to come as the three colleges continue to work towards merger with plans for a fully integrated shared estate in the offing.’
Safety flyer to industry following investigation into Channel collision
P
The Marine Accident Investigation Branch has fired a fresh broadside against seafarer complacency following a collision between two ships in the English Channel. A report on the collision between the UK-flagged general cargoship Scot Isles and the Egyptian-register bulker Wadi Halfa in the Dover Strait last October blames the masters and watchkeepers of both ships for ‘a complacent attitude’. Both watchkeepers had allowed their lookouts to leave the bridge some 20 minutes before the accident — even though it was in an area of high navigational risk and during the hours of darkness — and neither was aware of the other vessel until moments before the collision. And post-collision checks onboard the Scot Trader failed to notice that the ship had suffered extensive damage to the star-
board side shell plating and frames, and that oil was leaking from a damaged starboard wing fuel tank. It was not until almost two hours later, after a French naval helicopter carried out a searchlight inspection of the ship’s hull, that the damage was detected. Some 60 gallons of marine fuel oil had been lost into the sea. In response to the incident, the Marine Accident Investigation Branch has published a special safety flyer urging the industry to recognise the risks posed by complacency and take more effective measures to guard against them. The incident was discussed at last month’s Nautilus BGM, with MAIB chief inspector Stephen Meyer telling members that whilst he recognised complacency was a sensitive issue it was one that should not be ducked. ‘The longer we deny that com-
placency exists, the longer it will take to build the barriers against it,’ he added. The accident occurred as the 2,595gt Scot Trader crossed the NE lane of the Dover Strait traffic separation scheme en route from Rochester to Antwerp. The MAIB report points to the ‘lethargic approach’ of the Scot Trader’s Polish chief officer, who failed to used ARPA to acquire and plot targets, failed to plot positions on the chart, failed to monitor the AIS, and failed to activate the bridge watch alarm. It said the Egyptian chief officer on the 22,900gt Wadi Halfa had also demonstrated a complacent attitude towards bridge watchkeeping duties, by failing to use ARPA to assess the risk of collision and failing to monitor the AIS display. ‘The use of navigational aids is not a substitute for maintaining a visual lookout,’ the flyer stresses.
Neither ship sought to make the lookout an integral part of the bridge team, the MAIB said. ‘The use of designated lookouts is an essential requirement for safe navigation, but continues to be regarded as a low priority on some vessels,’ the report goes on to warn. Wadi Halfa was using a deep water route, recommended for vessels with a draft of 16m or more, despite having a draft of less than 6m, the report notes. The MAIB said the masters of both vessels were complacent, and the report stresses the need for proper use of standing/night orders to set operational benchmarks and to heighten watchkeepers’ awareness of risk. ‘Masters must lead by example,’ the flyer warns. ‘Ships’ crews are unlikely to apply the high professional standards demanded if these are not observed by the officer in overall command.’
Shetland trainees win £1,000 NLB awards g
£1,000 prizes rewarding academic achievement, excellence in assessment and/or project work have been presented to two officer trainees at the Shetland School of Nautical Studies. Deck officer trainee David Sutherland and engineer officer trainee David Clark are the first two students to receive The Northern Lighthouse Board Prize in honour of consistent professional performance by Merchant Navy cadets. The prizes were presented at the NAFC Marine Centre by the former chairman of the Commissioners of Northern Lighthouses, Captain George Sutherland.
David Clark said the prize had made all his effort worthwhile. ‘I need to buy a laptop to help me study while at sea so the prize money will come in very handy,’ he added. David Sutherland said the award had come as a complete surprise. ‘It’s wonderful to win it,’ he added. ‘I’m going to buy books with the prize money to help me with my studies.’ Pictured left to right are: NAFC Marine Centre director Professor David Gray, David Clark, Captain George Sutherland, David Sutherland, and head of Shetland School of Nautical Studies, Jan Rigden.
Union urges EU to do more to safeguard seafarer training gmore to safeguard maritime skills in the region.
Nautilus has urged European Union leaders to do
Speaking at a seminar to mark European Maritime Day last month, senior national secretary Allan Graveson warned that efforts to protect the EU merchant fleet from unfair competition need to be intensified.
In a presentation to the Maritime Day stakeholders’ conference in Rome, he contrasted the support being given to the European motor industry to the lack of direct measures to boost seafarer employment and training. The conference discussed a wide range of policies and practices — including seafaring skills, integrated maritime
governance, emerging technologies, energy generation, and surveillance systems for the seas. Commission president José Manuel Barroso told the meeting that significant progress is being made on the development of an integrated European maritime policy. He said the policy would deliver ‘a clear vision of how to ad-
dress the challenges of maritime prosperity, sustainability and security’. Mr Barrosso said ‘Impressive steps’ had been made since work began four years ago on developing the EU integrated maritime policy, and a full progress report will be published in October.
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June 2009 | nautilusint.org | telegraph | i
BGM 2009
report
uniting maritime professionals 12-14 May Hilton Newcastle Gateshead Hotel
Piracy perils A passionate debate on the threat to crews page v
Pay pressure UK shipowners’ leader warns on seafarer wages page iii
Warm words of praise for Brian Orrell A series of tributes to outgoing general secretary Brian Orrell was topped with the surprise presentation of the Union’s Nevins & Griffiths Award. The award — which is the Union’s highest — had been made only four times before since its launch in 1989, and Council members managed to agree its presentation to Mr Orrell without his knowledge. Chairman John Epsom said the decision to make the award was a reflection of the immense contribution made by Mr Orrell, who had worked for the Union for some 36 years – including 16 as general secretary. Under Brian’s leadership, said Mr Epsom, a clear strategy had been laid down for the Union and he was retiring and leaving Nautilus as a ‘robust and financially sound organisation’. Incoming general secretary Mark Dickinson described Mr Orrell as ‘a big man with a big record of success’ who had been a tireless and a passionate advocate for seafarers. European TUC general secretary John Monks praised his imagination, creativity and mastery of detail, and TUC leader Brendan Barber said Brian has been a ‘champion for positive change’. Praise also came for the Chamber of Shipping president Jesper Kjaedegaard, who said Mr Orrell had made ‘a significant impact,
Nautilus honours Orrell
both nationally and internationally’ and whose pragmatic approach had helped to secure the introduction of the UK tonnage tax and training measures.
z There were warm words, too, for deputy general secretary Peter McEwen who stepped down from his position at the end of the BGM. He will, however, be continuing to lead the Union’s welfare and pensions work for the next year.
TUC tribute The head of the TUC pays tribute to Nautilus page vi
Union moves into a new era
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‘A new union to reflect the realities of the modern-day shipping industry, dedicated to maritime professionals and building upon the many years of proud service to seafarers delivered by its predecessors.’ With these words, Mark Dickinson — the first general secretary of Nautilus International — marked the launch of the new Union following the close of the final Nautilus UK Biennial General Meeting last month. Mr Dickinson said he was ‘immensely proud’ to have been elected unopposed to the leadership of the new Union and delighted by the strong support given to its creation by members of Nautilus NL and Nautilus UK. ‘We embarked on the course of unity out of a sincere and shared desire to build a better future for our members,’ he said, ‘and I am convinced that we will deliver that.’ Nautilus International would ‘maintain our identity as a union representing maritime professionals rather than being swallowed at some point in the future by big general unions’. The new Union would be bigger and better equipped to represent members in the globalised shipping industry, enhancing the ability to work at the regional and the
international level through the creation of a cross-border trade union structure. There is much to be learned from shared experiences, Mr Dickinson pointed out. ‘Both the Netherlands and the UK have played similarly prominent maritime roles throughout history — and both in recent times have had to fight hard to find new ways of maintaining their maritime resources.’ He said the increasingly close cooperation between the two unions in the lead-up to Nautilus International had resulted in many areas of shared success, increased profile and better use of resources — including joint industrial negotiations and shaping the debates at European and international level on issues such as safety, training and piracy. The new Union was coming into existence at a critical moment, with the global economic crisis hitting shipping hard, Mr Dickinson added, and action to tackle the skills crisis will be a priority for Nautilus International. ‘In countries like the Netherlands and the UK, training levels over the past two decades have come nowhere near the numbers needed simply to stand still. ‘If countries like ours, with long maritime traditions and extensive maritime
clusters, are serious about staying as world players, they have got to do more to turn training around.’ The new Union will be relentless in its quest for investment in training, he promised, and will spare no effort in fighting for job security. Safety will also be at the top of the agenda — with issues such as fatigue and safe manning being of critical importance. Mr Dickinson promised that Nautilus International will work hard to ensure the successful adoption and enforcement of the ILO Maritime Labour Convention: the so-called Bill of Rights for seafarers. ‘If ever a group of workers needed such rights, it would have to be seafarers,’ he said. ‘The MLC is a genuine breakthrough: the first global safety net for the most globalised workforce. But it can succeed only if governments deliver. And, make no mistake, we still have a big battle on our hands to make governments deliver. ‘ Other core policy issues will be protecting seafarers from criminalisation, reducing the threat of piracy, and making sure that the public and the politicians give the maritime profession the recognition it deserves. Mr Dickinson said shipping was a vital industry for the moden world, but it was
Photography Mark Pinder
Council changes The results of the elections to the Union’s Council page viii g More than 120 Nautilus members gathered last month for three days of debate and discussion on the key issues affecting maritime professionals in today’s shipping industry. The final Nautilus UK Biennial General Meeting saw 17 motions moved on such key issues as safety, training, employment, piracy and pensions. g The conference marked the retirement of Nautilus UK general secretary Brian Orrell after 16 years at the helm, and was followed by the formal launch of the new Anglo-Dutch union Nautilus International. This special supplement reports on all the key debates and decisions which will shape the Union policy and procedures in the years ahead… frequently not given the credit it deserved. ‘I firmly believe that this fundamental lack of recognition for our industry, and its workforce, lies behind many of the problems it presently faces,’ said Mr Dickinson. ‘Criminalisation occurs because seafarers are seen as easy pickings, with no comprehension of the true chain of responsibility in today’s shipping industry. Similarly, the entire industry labours under outmoded images of drunken seafarers, smoky stacks, and oiled seabirds — all cliches that fail to reflect the increasingly cutting edge nature of ships and the ever-more demanding requirements placed upon those who operate them. ‘Working to widen an appreciation of shipping, and of seafarers, is therefore a core objective for Nautilus International. Because it is only with such an appreciation that seafarers will be treated with the respect they deserve, and given the pay and conditions that their skills and experience merit.’ Mr Dickinson said he knew, from his own seagoing experience, just how important the services that the Union provides really are. ‘I’m fully aware of the responsibilities that come with the job, and totally committed to delivering the objectives we have set,’ he promised.
ii | telegraph | nautilusint.org | June 2009
“We are very clear about our commitment to protect jobs” shipping minister Jim Fitzpatrick
BGM 2009 uniting maritime professionals
‘Political paranoia’ over flag threats Government inaction on training is slammed by outgoing general secretary
A
The UK government appears to have forgotten the maritime policies it developed over a decade ago to revitalise British shipping and seafarer training, Nautilus general secretary Brian Orrell told members in an opening address to the BGM. In his keynote speech to the conference, Mr Orrell — who retired at the end of the meeting after 16 years in charge of the Union — said he was concerned
at the continuing failure by ministers to respond to the policy proposals for boosting UK seafarer employment and training jointly submitted by both sides of the industry more than two years ago. Whilst the tonnage tax scheme has resulted in a significant increase in UK tonnage, the increase in the number of UK ships has been far less spectacular, he pointed out. And whilst the annual officer
trainee intake has risen to more than 800, it is still far below the 1,200 level needed simply to stand still. Mr Orrell said the government seems to lack the political will to introduce the proposals tabled by owners and unions for increased support for UK seafarer training. ‘Even worse,’ he added, ‘the government is absolutely paranoid about the shipowners' threats to flag out, and if we want any form of social advance minis-
Shipping minister Jim Fitzpatrick addresses the BGM
Minister offers assurances over maritime policy objectives A
The government accepts the case for more to be done to promote maritime employment and training, shipping minister Jim Fitzpatrick told the BGM. In his address to the conference, Mr Fitzpatrick said he shared the Union’s concern at the ‘invisibility’ of the shipping industry and recognised the importance of measures to develop seafarer training. He said government ministers are now examining new policy proposals for increasing support for seafarer training, tabled by the maritime unions and the shipowners last month. ‘I know that the industry is keen to get this support, and we are very clear about our commitment to protect jobs,’ Mr Fitzpatrick said. ‘It is not just about increasing tonnage under the red ensign, but also making sure that the seafarers are trained to the highest standards.’ However, the minister told the conference that he could not give a timescale for a decision on the industry submission. But he did reveal that the UK is planning to put the Maritime Labour Convention 2006 — the socalled ‘bill of rights for seafarers’ into force by the end of next year. Mr Fitzpatrick said a working group had been
established to examine the Union’s concerns over the issue of certificates of equivalent competency to growing numbers of foreign officers. Its findings are due to be reviewed by a steering group this month. ‘I appreciate why it is a concern to you,’ the minister added, ‘but in reality we have not seen the evidence that it is preventing UK certificate of competency holders from finding work.’ Turning to the economic crisis, Mr Fitzpatrick said the UK government was working hard to provide stability and it recognised the importance of a thriving shipping industry. He expressed concern that the downturn could spark an increase in the number of seafarers being abandoned in foreign ports following shipping company collapses. The UK had supported the development of IMO/ILO measures to provide a ‘safety net’ for crews, he added, ‘and I am confident we can deliver a mandatory international solution to the problem’. Mr Fitzpatrick paid tribute to outgoing Nautilus general secretary Brian Orrell and his ‘unrelenting work on behalf of seafarers over the years’. And the minister said he believed the launch of the new Anglo-Dutch union, Nautilus International, later this week ‘will be of benefit to your respective members’.
ters say they don’t want to lose the ships from the register.’ Barely half the officers serving on tonnage tax ships are now UK nationals, Mr Orrell told the conference, and certificates of equivalent competency continue to be issued ‘like confetti’ to allow foreign officers to serve on UK ships. ‘Since 2007, when the government announced a review of the system, over 10,000 CECs have been issued, which is absolutely scandalous,’ he added. Mr Orrell said the UK should not issue CECs unless the applicants had a job to go to — therefore putting a stop to the current situation, in which a pool of cheap labour is being created, undercutting efforts to increase UK seafarer employment and training. He also accused the government of back-pedalling on commitments to tackle the 'rampant discrimination' in the shipping industry by watering down proposals to amend the Race Relations Act exemption for nondomiciled seafarers. The UK government has also shied away from previous promises to ratify the international convention on seafarers' identity documents, he added. In his opening address, Mr Orrell also raised concern about the continuing high rate of armed attacks on merchant shipping and said more must be done to protect seafarers, and the Union is seeking a review of the International Ship and Port facilities Security Code.
Brian Orrell
Mr Orrell said the global economic crisis underlined the importance of the recentlyagreed measures to protect abandoned seafarers. And he welcomed warnings from ‘more enlightened shipowners’ that seafarer training should not be cut back to save costs. ‘After every trough, we go on to a crest and I believe that will come sooner rather than later,’ he added. ‘Just because ships are being laid up, it does not mean the skills crisis has gone away.’
Scottish ferries members and officials at the BGM
‘Hands off Scotland’s lifeline ferry services’ Nautilus must continue the campaign to keep Scotland’s lifeline ferry services out of private hands, BGM decided. Members backed a motion expressing concern about the European Commission’s new moves to investigate the subsidies paid to Caledonian MacBrayne and other ferry companies in Scotland. Proposing, Lee McDowell said CalMac had been subjected to a tendering exercise in 2006 and although it had been successful in retaining the services the process had resulted in the transfer of employees to a new employer based in Guernsey. With Brussels now launching a fresh review of the subsidies paid for Scottish ferry services, Mr McDowell said there are concerns that it may become easier for private operators to bid for some, if not all, the lifeline routes. ‘The concern remains that private sector companies will seek to undermine terms and conditions, and
reduce the commitment to training,’ he warned. ‘We have to question the wisdom and the thinking behind the wisdom of the EC in conducting this review,’ said Mickey Smyth. ‘They wasted £17m in the bureaucracy of the last tendering, and next time it could cost more than £25m.’ Willie MacKay said the potential ‘cherry-picking’ of routes threatened the culture and way of life in Scotland’s islands. CalMac ferries helped to underpin tourism, for instance, and made a major contribution to the economic wellbeing of the island communities — many of which produced large numbers of seafarers. Under the existing arrangements, there were strict processes to ensure that timetables and schedules are maintained, he added. ‘Commercial companies are only interested in the routes where it is possible to make a reasonable return,’ he pointed out.
Alarm over failure to tackle skills shortage The UK government’s failure to take action to boost British seafarer employment and training was condemned by members speaking to support a motion on maritime skills. Carried unanimously, the motion expressed concern at the increasing evidence of skill shortages and the continued failure of the government to act on the joint shipping industry proposals for an employment link to tonnage tax. Mickey Smyth told the conference that the tonnage tax scheme had been held up as the panacea for shipping’s ills when it was introduced in 2000. Although it had resulted in a marked increase in tonnage under the red ensign, there had not been a matching increase in jobs for British seafarers. Studies showed that despite a recent upturn in trainee numbers, the total of UK officers is set to halve over the next 15 years. Mr Smyth attacked the government for its lack of action on the industry’s employment proposals, which had been tabled in 2007. ‘It has spent billions bailing out the fat cat bosses and the banks, but nothing on rescuing the British Merchant Navy,’ he added. Kevin Murphy said many shipowners appeared ‘blissfully unaware’ of how serious the skills
shortage really is. And, he warned, the supply of experienced quality personnel is essential if traditional maritime nations are to maintain their shipping-related industries and services. Willie MacKay said he feared the long tradition of seafaring in the UK was in danger of being lost as a result of the failure to train adequate numbers for the future. Although some companies had increased their cadet intakes, other sources of supply — such as shipyards — are being lost and maritime colleges were at risk as a result of the problems in finding suitably qualified lecturers. Lee McDowell pointed to the problem of insufficient training berths, and he warned that cadet wastage remains high because of poor quality training offered by some companies. ‘Some of the training berths being offered to cadets are not with suitable companies, and as a result they are not getting good standards of training and having poor standards of food and accommodation,’ he added. The motion urges Nautilus to step up its campaigning on maritime skills and use every opportunity to lobby the government for policies to further encourage the employment and training of British seafarers.
June 2009 | nautilusint.org | telegraph | iii
“Times like these are times when we should try to put aside any differences” Jesper Kjaedegaard, Chamber of Shipping president
BGM 2009 uniting maritime professionals
ITF leader fears a new wave of stranded seafarers A
The worldwide recession is set to result in a new wave of seafarers stranded in foreign ports following the collapse of shipping companies, International Transport Workers’ Federation general secretary David Cockroft warned the BGM. ‘Once again, we will see many thousands of seafarers being abandoned in foreign ports without money, without the means to get home and being denied their contractual rights,’ he said. ‘This also gives the industry a terrible image, and makes people reluctant to go to sea.’ The ITF leader said he was delighted to be at the conference to see the ‘historic’ creation of Nautilus International — ‘two of the strongest and most effective ITF seafarer unions coming together to create a unique union structure which crosses national borders’. He also paid tribute to Brian
Orrell, and his work at national and international level. Without Brian, he said, the ILO Maritime Labour Convention (MLC) — the seafarers’ bill of rights — would probably never have seen the light of day. The MLC will, for the first time, provide a set of international employment standards that can be enforced by port states — giving flag of convenience ships ‘no place to hide’. But, Mr Cockroft warned: ‘Getting the seafarers’ bill of rights was only the first stage; we now need to ensure that the convention is widely ratified and applied. The ITF is preparing a manual and fact sheets directed at seafarers. We are also starting to train the ITF inspectors on how they can use it.’ In a further move to improve the conditions of seafarers working in the global fleets, Mr Cockroft said the International Bargaining Forum had become the
first real transnational collective agreement laying down wages and conditions of employment anywhere in the world. The number of ships covered by ITF standards has more than doubled, he added, and there are now almost 150 ITF inspectors in virtually all the major ports of the world — including Nautilus inspectors in the UK and the Netherlands to help enforce those standards. Mr Cockroft said Brian had also led the ITF team negotiating the international guidelines for the fair treatment of seafarers following a maritime accident. ‘Criminalisation of seafarers has become a major issue which has united the whole shipping industry,’ he added. ‘The risk of being thrown in jail for doing your job is making it increasingly hard for this industry to recruit and retain a suitably skilled workforce.’ The skills shortage is a key issue for the industry, he pointed out.
David Cockroft spoke of the global challenges to seafarers
‘We know we are going through a very nasty recession, but at some stage the global economy will pick up and we need to ensure that there is an adequate number of suitably qualified seafarers to crew the world fleet. ‘Short-term cuts mean longterm problems, and we cannot afford to cut back on training now,
because we don’t want to make the shortage worse. ‘The issue of the retention of maritime skills is more than just ensuring the overall number of seafarers that are required are available to the global labour market, it is also about maintaining a maritime skills base in the traditional maritime countries
Owner warns on wage rises Jesper Kjaedegaard outlines the scale of shipping's slump
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SEAFARERS will have to face up to the prospect of wage restraint as the shipping industry faces potentially even worse economic problems, the head of the shipowners’ organisation warned BGM. Jesper Kjaedegaard, president of the UK Chamber of Shipping, said shipping is in crisis as a result of the credit crunch — and much of the industry is set to be in ‘survival mode’ for the next couple of years. ‘This is a crisis and I believe that times like these are times when we should try to put aside any differences,’ he added. ‘We all need to work together to get through them and preserve our jobs and our industry — to make sure we do not lose the hard-won gains of 10 years ago.’ Mr Kjaedegaard said he recognised that a call for wage restraint would be contentious. ‘In recent years we have seen strong growth in incomes, particularly as a consequence of the shortage of senior officers. We cannot expect similar growth in the immediate future,’ he argued. ‘This is not to suggest that the shortage of senior officers will not remain a problem, or that senior
officers could not continue to demand above-inflation rises as a consequence. But I would argue that this is unsustainable — and that it could damage our industry and, in particular, the career chances of those currently training or working as junior officers.’ However, he added, when — not if — the recovery comes ‘market mechanisms will click in’ and the supply and demand situation would be likely to generate a return to above-inflation settlements. ‘I am a strong believer in the longer term prospects coming good,’ Mr Kjaedegaard said. ‘World trade will bounce back and as ships are returned to trade, incomes will recover quickly. But for the next couple of years at least things are going to be difficult.’ The Chamber leader made a call for continuing cooperation between Nautilus and his organisation on issues of common interest. ‘Perhaps the most important thing our two organisations can do is commit to continue to work together and to always consult on issues of concern to us both,’ he added. He said shipping companies were seeking a stable business
Chamber of Shipping president calls for restraint on pay in response to the downturn in global maritime markets environment and some operators had scaled back their plans to bring ships to the UK because of uncertainty about taxation of leases, and proposed changes to employment legislation. And although the officer trainee intake had risen to around 900 this year, Mr Kjaedegaard warned that the cost of employing British junior officers ‘remains uncompetitive’ and prevents owners from offering as many openings as they would wish. ‘Many owners simply find it too costly to employ UK junior
Owners cannot afford to employ UK junior officers
“
”
officers,’ he complained. ‘And remember: a lower number of junior officers today will inevitably lead to a lower number of senior officers in five to 10 years time.’ It is therefore vital that the government gives a rapid decision on the proposals tabled by owners and unions for increased training support, he added. Mr Kjaedegaard said he hoped ‘survival mode’ would not cause owners to take such ‘short-sighted options’ as reducing training. ‘The IMO already recognises the officer shortage as one of the most significant challenges facing our industry,’ he stressed. ‘Any reduction in training now will be building the problem for the future.’ The Chamber president told the conference that he was also concerned that the recession may prompt some owners to resort to ‘spending shortcuts’ that could compromise safety and it was vital that companies stand by the principles of quality shipping, offering high-quality careers to develop the professional seafarers of the future. Mr Kjaedegaard praised the work being done by the UK Maritime Trade Office to assist mer-
chant shipping in piracy danger areas, but emphasised the UK industry and government view ‘that arming merchant ships or crews cannot be part of the solution’. ‘The carriage and use of weapons onboard ship is at best of questionable legality,’ he pointed out. ‘There are no guidelines for standards of competence of those carrying weapons on ships, nor procedures for their use and control onboard. ‘We believe any use of weapons onboard merchant ships will lead to an escalation in the use of force — in other words that if the minority arm themselves, they will endanger the majority of ships and seafarers which will not or cannot arm themselves.’ Mr Kjaedegaard concluded with a call for unity. ‘These are tough times, times to work together to support our industry and our jobs, to work together on common issues and to be open, clear and forthright in our approach to sorting out our differences. Let’s start by together putting our full weight behind the training proposals — and getting a positive answer this time, and quickly!’
and that there is a career path to ensure that qualified mariners are available to fill the shore based functions which are critical for a safe and sustainable shipping industry.’ Particular attention needs to be paid to the needs of young seafarers, so that their aspirations and expectations are met. ‘Young people today have higher and different expectations than previous generations,’ Mr Cockroft pointed out. He said Nautilus International will face a lot of challenges in the years to come — and in particular within Europe, where a number of landmark cases have ‘called into question whether we can really have a Social Europe’ by putting employers’ rights before those of workers. ‘It is absolutely vital that we fight this,’ he added, ‘and European unions are planning a strategy to ensure that European Union law is not seen as a charter for social dumping.’
Job security In the global economic downturn, Nautilus needs to work to ensure that members are not adversely affected by having to accept low pay rises or job losses, BGM decided. The meeting backed a motion, formally moved by Jim Stone and seconded by Lee McDowell, calling for the Union to ‘conduct a detailed analysis of the likely effects for members of the downturn and then to put in place strategies to ensure members’ terms and conditions and job security are fully protected’. Lars van Breugel, a member of the Nautilus NL national committee, suggested the motion was unnecessary — arguing that it merely states what is the Union’s core purpose: to defend members’ interests.
Tax outrage Members at the BGM united in support of a motion expressing ‘outrage’ at HM Revenue & Customs’ attempts to restrict entitlement to the SED seafarers’ income tax concessions. The motion condemned the ‘unilateral and damaging ruling’ in the Pride South America case last year, which had threatened to exclude many seafarers in the offshore sector from the SED benefit. It acknowledged the work the Union had already done to protect members, but called on HMRC to ‘end the confusion that now surrounds SED’ by making clear that any seafarer will qualify for the deduction ‘regardless of which type of vessel they serve on’. And the motion urged the Union to campaign vigorously to have the government amend the relevant legislation to give effect to the original policy objective of providing support to all seafarers with foreign earnings
iv | telegraph | nautilusint.org | June 2009
June 2009 | nautilusint.org | telegraph | v
“I am horrified it is not a mandatory requirement for ships to carry atmopshere testing equipment ” Geoff Pearson
“We should not even entertain the idea that we are better cowboys than John Wayne” Ulrich Jurgens
BGM 2009 uniting maritime professionals
No rest for fatigue campaign A
Fatigue will not go away until shipmasters feel they can stop their ship, with no fear of retribution, to enable tired seafarers to rest, the BGM heard. Members gave their unanimous support to a motion urging the Union to increase its work to secure improved enforcement of hours of work and rest regulations and to lobby government and the IMO for realistic manning levels. Captain Nick Cooper said the enforcement of the rules by port state control was vital. But, he added, ‘Nothing will change until or unless masters are empowered, without fear of retribution or intimidation from owners, charterers, terminal operators or other commercial entities, to delay departure, or go to safe anchorage, until a safe navigation watch can be restored. The MCA
have already issued a marine guidance notice stating exactly that. If that were law, we wouldn’t have a problem.’
Ulrich Jurgens
Mike Lloyd said cooperation from ports was essential, because
Piracy debate hears demand for guns to be given to crews Call for
many ships faced extreme pressures to leave the berth as soon as cargo work was complete. Ulrich Jurgens said port state control inspectors were in an ‘impossible’ position because of the problems in detecting abuse of the regulations. And general secretary Brian Orrell pointed out that the mechanisms were there to tackle fatigue – and some seafarers may be to blame for ‘flogging’ their record books. Tony Minns said seafarers who falsified records were their own worst enemy, and Mick Barrass said members should start standing up for their rights. Ken Buckle reminded the meeting that ‘fatigue also occurs ashore, particularly in port operations rooms where people are providing your vessel with VTS services’.
Norman Martin: ‘seafarers are seen as expendable’
Seafarers should not be put in the position where they feel they need to carry arms, general secretary warns
MAIB offers assurances Adent Investigation Branch will fight tooth and nail to prevent its evidence from being used in prosecutions,
Seafarers should rest assured that the Marine Acci-
chief inspector Stephen Meyer told BGM. The sole purpose of MAIB investigations is the preven-
MAIB chief inspector Steven Meyer
tion of future accidents, he said, and it was essential that evidence it gathers is not used by police or lawyers. ‘There have been a huge number of freedom of investigation requests — mainly from lawyers — which causes us an immense amount of work, but we have successfully repelled every request for information to assist in a prosecution,’ he said. In fact, there has never been a successful challenge to force any of the three UK transport accident investigation bodies to disclose evidence taken from witnesses, he said, ‘and we will continue to protect strongly that right’. Mr Meyer said the MAIB was legally and structurally independent from the Department for Transport, and one of its key functions was to scrutinise the role of the regulators. Investigations often reveal lots of causal factors in accidents, he explained. Fatigue is a common problem, and it is ‘patently absurd’ that seafarers should be expected to be mentally alert and physically competent after working 78 hours and upwards a week. Complacency is another big issue, Mr Meyer added, and whilst he understood why people were sensitive about the subject it should not be ignored. ‘It can affect anyone in a repetitive situation with little external stimulus and the longer we deny that complacency exists, the longer it will take to build the barriers to overcome it.’
Questions over cooperation ate with the Marine Accident A Investigation Branch and the Maritime Why should seafarers cooper-
& Coastguard Agency following incidents? That was the important question posed in a presentation to members attending the BGM. Senior national secretary Allan Graveson said the issue had risen up the agenda as a result of a number of recent ‘criminalisation’ cases involving members and other seafarers. Whilst the Union had always argued that members should face professional sanctions — involving the suspension, downgrading or withdrawal of their certificates — it was inevitable that members would face criminal investigations if there were fatal accidents on their ships. However, the ‘wanton criminalisation’ of the maritime profession has
reached such a point that there is a potential for investigations into the causes of accidents to be compromised and lessons will therefore be lost. Charles Boyle, director of the Union’s legal services, said there was a separation in law between the MAIB and the MCA investigations — with the MAIB seeking to determine the causes of an accident, rather than apportioning blame. However, members should be aware of a memorandum of understanding between the MAIB and the Association of Chief Police Officers under which information and liaison is required during investigations. Trustee John Lang — a former MAIB chief inspector — said the agreement had been reached to ensure that the various agencies cooperate to prevent chaos during the investigation process.
Captain Jessica Tyson said she was concerned that seafarers shocked and traumatised after accidents would be put under pressure because of the investigators’ need to ask questions quickly. ‘If you feel threatened, you will shut down and not give the information,’ she added. ‘Lessons for safety and improvements may be lost as a result.’ Ulrich Jurgens said it was essential that seafarers know who they are being interviewed by, because statements made to MCA surveyors could end up being used in court. Captain Nick Cooper said his first call following an incident would be to Nautilus, and general secretary Brian Orrell said the debate had demonstrated the importance of the guidelines for fair treatment of seafarers following maritime accidents.
A
Geoff Pearson highlighted the gap between myth and reality during a passionate debate on piracy
‘Make oxygen meters mandatory’ A
Alarm at the continuing high loss of life in enclosed spaces onboard ships was reflected in a motion calling for the compulsory carriage of oxygen testing equipment. Carried overwhelmingly, the motion also seeks mandatory preentry drills to be undertaken on all ships and for additional training at nautical colleges. Proposing, Malcolm Bryce said there had been a series of fatal accidents — with six seafarer deaths in UK waters and on UK ships alone since September 2007. Internationally, figures from 18 flag states had shown more than 240 deaths and injuries in confined spaces since 1991. The fact that so many seafarers serving with different companies and under different flags are still dying after all the incidents that have taken place over the years is a sign of fundamental problems, he added, and demonstrates the need for fundamental actions. Martin Troman said it was unbelievable that O2 meters were not a compulsory carriage requirement when the Maritime & Coastguard Agency guidelines on safe entry state that atmospheres should be
Jessica Tyson
tested before entry. And Council vice-chairman Geoff Pearson added: ‘There is not a vessel afloat that hasn’t got an enclosed space, and I am horrified that it is not a mandatory requirement that they have atmosphere testing equipment.’ Mike Lloyd said there had been two more deaths on a vessel off the UK
coast at the start of the BGM week. ‘There is lots of testing equipment on the market, but the reason we don’t have it at sea is because there is no SOLAS requirement,’ he added. Jessica Tyson said she supported the motion wholeheartedly, warning that precautions needed to be taken before entering all kinds of spaces onboard — ‘you cannot guarantee anything’. And Alan Bond said he had been trained for entry into enclosed spaces only once in 36 years at sea. ‘Training is essential,’ he added, ‘and continuation training every three years should be mandatory.’ Kevin Murphy said it was disturbing that ‘there are a lot of ships with a lack of equipment, situations where crews are totally untrained, don’t have the equipment and don’t understand the risks they are taking.’ John Binnie warned that deaths continue to occur despite all the equipment and dangerous spaces training. ‘Many seafarers are unaware of what can constitute a void space,’ he pointed out, ‘and people seem to be unaware of rust and oxygen depletion.’ Jim Stone said requirements should be introduced for the com-
pulsory carriage of ventilation equipment on all ships, and ventilation of void spaces should be mandatory before entry. Norman Martin said ships should be designed and built with mechanical ventilation of all enclosed spaces, and Lee McDowell said design should be improved to enable easier access into spaces. The poor arrangements on some ships presently prevent a tripod from being rigged above the lid so that people can be rescued, he added. Iain MacKenzie said seafarers should use their safety committee meetings to demand the provision of oxygen testing equipment, whilst Tony Minns argued for active enforcement of the ISM Code — and in particular the responsibilities of the designated person ashore. ‘We don’t want this to become another long-running campaign,’ he added. ‘Those responsibilities should be emphasised and enforced.’ Andrew Armstrong said the Royal Fleet Auxiliary has set up a very good enclosed spaces training course, which covered subjects such as risks and rescues. ‘The course is available to commercial shipping companies, and I would commend the training to the industry,’ he added.
One of the most passionate debates at the 2009 BGM was triggered by a motion on piracy and attacks on shipping. Passed with a unanimous vote in favour, the motion expressed alarm at the increase in the number of attacks and in the levels of violence and intimidation being used against seafarers. It condemned the general failure of owners to invest in adequate security measures — including increased crew numbers — and urged the Union to redouble its efforts to secure the political action needed to reduce the risks faced by seafarers. Proposing the motion, Chris Pailthorpe compared modern piracy with terrorism and warned that the surge of attacks off Somalia had resulted in calls for merchant ships to be armed. But, he argued, problems could get worse if seafarers started shooting fishermen by mistake and the solution lay ashore — with a need for a stable government in Somalia. Mickey Smyth said piracy today was far removed from the public image of Captain Pugwash. Statistics showed there had been hundreds of attacks in the past decade alone, with thousands of seafarers killed, injured or taken hostage. Council vice-chairman Geoff Pearson said piracy has become Somalia’s only boom industry, netting as much as US$150m a year for one of the world’s poorest countries. However, the attacks on the Sirius Star and Maersk Alabama had helped to put piracy onto the front pages. ‘We must not let this attention stop,’ he added. ‘The attacks are never-ending and will not cease until we get our governments to do something about it.’ Chris Hairsine said he had proposed a motion on piracy at the 1993 BGM, not long after a member had been killed in an attack. Since then, naval ships had been deployed in the high-risk areas
off Somalia — but the strict rules of engagement prevented them taking effective action against the pirates. ‘The navies should be completely stripped of the rules and
Kevin Murphy
regulations that tie their hands and they should just blow them out of the water. That would stop it.’ But trustee John Lang warned that ‘all hell would be let loose’ if such an approach resulted in the wrong vessel being attacked. Somali pirates presently display a respect for life, he added, and it was important not to threaten that. Jessica Tyson asked why pirates
The message is that the cavalry is not coming
“
”
could not be tried in international courts, much like war criminals. Bob Thornton explained that the laws are very complex, and returning pirates to be tried in local courts put immense strain on limited resources. Rose King said she believed the respect for seafarers’ lives was only as strong as the monetary value that came through ransom payments. ‘I would be much happier if I could shoot back,’ she added. ‘The PNTL ships are armed, and I am sure that it could be handled.’ Mike Lloyd said it was important to remember that piracy was a problem in many parts of the world — not just off Somalia. ‘The Horn of Africa is small compared with what is going on in the rest of the world, and the navies just cannot cope. The message is that the cavalry is not coming — we have been talking about this problem for 20 years and it just gets worse.’ Kevin Murphy said he was concerned by the lack of effective government action. ‘If the UN can pass resolutions to allow us to invade Iraq, surely they should be able to agree something to enable us to deal effectively with this?’ It is little wonder that some seafarers are starting to take the law into their own hands and putting guns on their ships because of the failure of countries to stamp out the problem and to properly protect crews, he added. But Ulrich Jurgens cautioned against the use of guns. ‘We should not even entertain the idea that we are better cowboys than John Wayne,’ he argued. Flag states should be made to face up to their responsibilities to care for the crews of their ships, and should be asked to provide properly trained guards onboard. General secretary Brian Orrell said the issue was about the shipowners’ duty of care towards their employees. ‘Seafarers should not be put into the position where they are wanting to have guns to defend themselves,’ he stressed.
AEDs to be put on ships
to require all ships to carry autoA mated external defibrillators (AEDs), New rules should be introduced
BGM decided. Members unanimously backed a motion on the subject after hearing a succession of speakers explain the life-saving benefits of the equipment, which can help restore heart rhythms following sudden cardiac arrest. Proposing, Norman Martin said defibrillators are increasingly found in public areas such as airports and railway stations, and in remote locations far away from medical services. ‘Most shipping companies have chosen to close their eyes to the benefits of carrying defibrillators, however, and seafarers are seen as expendable, even though marinised versions are available for ships,’ he added. Companies had used a number of excuses for not installing the equip-
ment at sea — including training and cost. However, the systems are simple to use and can be bought for around £2,000. ‘We should not wait any longer for reluctant owners to provide this lifesaving equipment in our workplaces,’ he added. Roger Stuart said sudden cardiac arrest is the world’s biggest killer — yet if someone received defibrillation within three minutes, the chances of survival are increased by a staggering 70%. ‘Due to the remote location and the inability of the emergency services to reach victims in time, a defibrillator has become an essential piece of ship’s equipment. This is especially so for an ageing workforce,’ he added. Capt Stuart said Germany has moved to make defibrillators mandatory on all of its ships from September 2012, and it was clear that the cost of the equipment was very small compared with the potential price of a firm being sued because of its absence. Nick Cooper said his company’s ships had carried defibrillators for a few years and experience showed that they were easy to use, and personnel could be trained within minutes. Roger Cox said he believed the equipment could make the difference between life and death in some cases, and Iain MacKenzie asked: ‘What price a life?’
Accommodation alarm More and more shipowners are seeking exemptions from the rules on crew accommodation standards, senior national secretary Allan Graveson told the BGM. Introducing the professional and technical section of Council’s report to the conference, Mr Graveson said he was disturbed by the increasing number of attempts by companies to circumvent the accommodation standards set by ILO conventions 192 and 193. ‘Accommodation standards are being chopped to minimise construction costs, and this is an area that needs to be addressed through the Tonnage Convention,’ he added. Accommodation areas should be exempt from the tonnage calculations, he said, so that owners are not put under pressure to reduce the size of cabins or not provide training berths. ‘As things stand, the good owners pay a penalty — both in capital and in port dues being levied
on gross tonnage,’ Mr Graveson pointed out. He said Nautilus has been battling in three key areas — safe ship design, safe living and working conditions, and education and training — and has become a world leader on professional and technical issues. ‘We are prepared to tackle the difficult issues of the day, and we will take them forward,’ he added. Too often, seafarers’ working conditions were a ‘Cinderella subject’, Mr Graveson said. A prime concern is the cancer-causing particulates in heavy fuel oils and the adverse health effects of spiked bunkers. And he described fatigue as a cancer facing the shipping industry. ‘When we are asked about the need to do more research, we give the same answer as we do to those suffering from cancer: we continue doing the research until there is a cure.’
vi | telegraph | nautilusint.org | June 2009
“I used to call it casino capitalism, but then I realised that casinos are more honestly run than many banks” John Monks
BGM 2009 uniting maritime professionals
European TUC chief praises new union A
The head of the European TUC congratulated Nautilus NL and Nautilus UK for creating ‘the first genuinely international trade union in the world’. ETUC general secretary John Monks told the BGM he was no stranger to the concept of an Anglo-Dutch union — being married to a Dutch woman. But, he warned, there are difficult times ahead — with shipping being in the front line of the impact of the crash in the world economy. Mr Monks — who was leader of the UK TUC from 1993 until 2003 — said the ETUC is trying to ‘take
the offensive’ in response to the slump, with a sophisticated mix of lobbying, campaigning and demonstrations across Europe. He said the crash had been the result not just of the bad behaviour of a few individuals, but of a system that had been designed to make the rich richer and the trade unions weaker. ‘Well now this system has had a heart attack, and it is workers who are paying the price — with their taxes, with their wages, and — worst of all as unemployment soars – with their jobs,’ he added. ‘I used to call it casino capitalism, but then I realised that casinos are more honestly run than
many banks — and more effectively regulated,’ he said. Mr Monks said many EU governments had been too cautious in their response to the recession and too nervous to respond with the required ambition and imagination. What is needed, he argued, is a ‘real recovery plan coordinated across the EU’ — with investment in green technologies, public transport and energy, and research and development. Help with training and education is essential to prevent unemployment, he added, and it is also vital to prevent ‘free movement of services in the EU sweeping
aside collective agreements and equal pay for work of equal value in every country’. Mr Monks said European Court judgements such as the Viking Line ruling, which outlawed strike action over re-flagging and the use of low-cost seafarers, have been pushing union freedoms backwards. Although the economic crisis is a disaster for workers, it would also offer an opportunity to rebuild the social market in Europe. ‘It will be a battle between those who say back to business as usual and those who say never again,’ Mr Monks concluded. ‘We say never again.’
Seafarers ‘in front line’ of recession impact Nautilus has redefined trade unionism by creating the new Anglo-Dutch union, TUC general secretary Brendan Barber told the BGM. He said the launch of Nautilus International showed ‘an effective union attuned to the realities of globalisation’ and pointed out that ‘when workers join together and organise across borders, they can be truly effective’. Mr Barber said the launch came at a time when ‘the first systemic crisis of globalisation’ had already left ships laid up around the world and seafarers stranded in foreign ports. Ships and seafarers are among the first to feel the ‘devastating’ impact of the world economic crisis, he added. ‘When the likes of Maersk are planning
EU tackles crewing Philippe Burghelle-Vernet, head of the European Commission’s maritime transport policy unit, updated BGM delegates on the latest round of EU shipping safety legislation. The guest speaker also addressed the growing shortage of EU seafarers. Mr Burghelle-Vernet said the third maritime safety package had been adopted just prior to the BGM, and aimed to reduce the number of shipping accidents and associated damage to the environment. The package seeks to improve accident investigations, and to deliver ‘appropriate compensation’ following disasters or loss of life. Mr Burghelle-Vernet said the Commission is seeking to establish clearly identified places of refuge. ‘Thanks to them, we will avoid unfortunate situations by ensuring a good preparation of the coastal states. The coastal states should be in position to take swift, right and, I insist, independent decisions to accommodate the ships in distress,’ he explained. He also acknowledged criticism Philippe Burghelle-Vernet that human resource aspects were missing from the last package of EU maritime legislation — promising that Brussels is planning to develop an overall strategy for human resources within the shipping sector. The Commission is keen to tackle the critical issues of promoting maritime employment, the quality of maritime training, and onboard working and living conditions, Mr Burghelle-Vernet added. ‘The downward trend in the numbers of seafarers in most European countries and the ensuing decline in maritime know-how present a real threat not only for the shipping industry in Europe, but also for the landbased industries that depend on seafaring skills,’ he added. ‘I believe that our focus shall be above all to ensure that both EU and third parties’ ships calling at our ports are manned with proficient crews. We all know that a large number of accidents are explained by human errors due also to inadequate skills.’
Keep up ferry fight Brendan Barber and John Monks with John Epsom and Brian Orrell
a billion dollars of additional efficiency savings, you know we are approaching something of a crunch point.’ Mr Barber welcomed much of what the government had done to minimise the economic crisis — from saving the banks from collapse to maintaining public spending — but insisted: ‘We want ministers to do more to help ordinary working people’, including financial support and ambitious job creation schemes.’ The TUC had fought alongside the maritime unions to lobby for fundamental improvements in UK seafarers’
employment, and Mr Barber credited the government for attempting to revive shipping under the tonnage tax. But, he pointed out, while the number of ships operating under the red ensign has increased, there had been a ‘precipitous fall in the number of UK seafarers employed on them’. The British register should not be allowed to become ‘a byword for cheap labour and exploitation,’ Mr Barber said. The TUC wanted an end to ‘twotier employment’ on British ships and hoped the government would soon put a stop to the industry’s ‘indefensible
and untenable’ exemption from the Race Relations Act. Similarly, it was not right that the minimum wage is only paid to foreign seafarers in UK internal waters, and not UK territorial waters. The ‘terrible legal anomaly’ meant some crew members were paid as little as £1.63 an hour as a result. The TUC leader slammed the ‘culture of cost-cutting that permeates your industry’, with flags of convenience, lax regulation and minimal training meaning that safety often took a ‘back seat to profits’
Nautilus needs to continue leading the campaign to protect jobs and conditions in the European ferry sector, BGM agreed. Members approved a motion noting the Union’s key role in the European Transport Workers’ Federation work to create a ‘sector of excellence’ on EU ferry routes in which low-cost competition is outlawed. The motion calls for Nautilus to ensure the ETF campaign continues to combat competition based on wage dumping and discrimination, in favour of fair competition based on quality and safety. Moving the motion, Dave Morrison warned that the credit crunch is increasing the commercial pressures in the sector — with recent announcements of job losses, and new operators using foreign crews on lower terms and conditions. Ken Konasik said he had first-hand
experience of these job losses — which were down to one thing: costs. ‘The company said they find it difficult to compete against other firms using cheap labour,’ he explained. However, he warned, cuts in crewing have adverse effects on a range of issues — including safety and fatigue. Chris Pailthorpe said owners and governments should use the opportunity to invest in training now – ‘so that when there is an upturn people are there to be put into place’. And Willie MacKay said he hoped Nautilus International would continue to develop alliances with seafarer unions in traditional maritime countries such as Denmark, Norway and Germany. ‘We have a lot in common with them, and we should be ensuring that all these operations around the UK coastline do not compromise safety on a costs basis,’ he added.
Meeting backs call to boost inland navigation membership A
The creation of the new Union has made Nautilus International one of the biggest players in Europe’s inland navigation sector, BGM heard. And members at the meeting gave their unanimous support to a motion calling for the Union to play a proactive role within the sector and to find new ways of increasing the number of members who serve on inland navigation vessels. Proposing the motion, Jan van der Zee highlighted the important issues facing seafarers working in the sector — including the standardisation of social security,
hours of work and rest, and the quality of training. Presently, there are low levels of unionisation within the inland navigation sector, he pointed out, and it could be considered as an important potential for recruitment. Nautilus NL president Marcel van den Broek said inland waterways were essential to trade and the economy within the European Union. ‘All the Dutch ports can be reached through inland navigation, and inland ships can carry cargo to many destinations in Europe as far as the Black Sea,’ he explained.
The sector employs an estimated 14,000 people — yet it is thought that barely 1,000 of these belong to a union. It will be hard work to build up membership, Mr van den Broek said, but it was essential to get engaged in issues such as the labour market, social security and pensions for those working in the sector. Russ Garbutt said he welcomed the motion, and argued that it underlined the case for additional investment in Britain’s coastal and inland waterways. ‘The canal systems in the UK have been very much neglected for the past 100 years or so, and there is vast poten-
Marcel van den Broek
tial for waterborne transport,’ he pointed out. Willie MacKay endorsed this point. ‘This is something that has been almost completely lost in the UK, as successive governments have neglected investment in coastal shipping,’ he added. British seafarers could learn much from their Dutch colleagues, Capt MacKay added. He had come across Dutch inland navigation workers whilst visiting ports in the country. They gave a good service, despite facing a lot of pressure and operating with minimal manning.
June 2009 | nautilusint.org | telegraph | vii
“I am retiring in a few years’ time and I don’t see who will replace me” Jim Stone
BGM 2009 uniting maritime professionals
Welfare demands set to rise A
Developments affecting the Merchant Navy Officers Pension Fund are likely to impact on demands on the Union’s charity, the NUMAST Welfare Funds, the BGM heard. Presenting the benefits section of the Council report to the meeting, deputy general secretary Peter McEwen’s covered issues including pensions, welfare and maritime charities. From the Union’s perspective, the MNOPF ‘is a very large
issue,’ he explained, ‘because the MNOPF has over 55,000 members and Nautilus provides over half the trustees’. The Fund’s big advantage over many other many pension schemes, said Mr McEwen, included that if a contributing company went out of business, pension liabilities were met by all the other companies. However, he warned that shortfalls in the new section meant there had not been any dis-
cretionary increases for a number of years — ‘and that does continue to be the case for quite a long time to come.’ It is also extremely unlikely that there will be any discretionary increases in the old section for years to come, he added. This, he pointed out, had consequences for the NUMAST Welfare Funds, the Union’s registered charity which provides assistance to needy seafarers and their dependants. ‘We are already see-
ing a steady increase of officers when their pensions are insufficient to meet their commitments, and these are predominantly people in the old section only.’ To meet this demand, the Union has spent around £1m on upgrading residential and care facilities at its Mariners’ Park complex in Wallasey, and has also been working with the Maritime Charities Funding Group to improve services for seafarers and their families.
ETO recognition ‘is key to the future’
Pensions face pressures Concerns over pensions were reflected in a motion that won unanimous support at the BGM. The motion, moved by Captain Roger Stuart and seconded by Captain Mike Lloyd, cited two factors putting pressure on the finances of the Merchant Navy Officers Pensions Fund and the Merchant Navy Officers Pension Plan. One is the enhanced life expectancy of scheme members which, while welcome, increases the level of pension liabilities. The other, a consequence of the current economic crisis, is the longterm reduction in the market value of pensions. The BGM urged the Union to ensure that MNOPF pensions are maintained, that active members are allowed to continue contributing and that trustees make every effort to make discretionary pension increases when finances permit. The motion also called for continuing efforts to increase employer contributions to the MNOPP to considerably improve the amounts available to buy pensions on retirement.
Conference hears how electronic skills are increasingly important at sea
A
Members at BGM voted overwhelmingly in favour of a motion calling on the Union to secure greater recognition for electro-technical officer (ETO) training and qualifications. Moving the motion, Martin Troman said Nautilus had made significant progress in setting up ETO training courses in the UK and putting the issue of ETO certification on the agenda at the International Maritime Organisation. ‘However, we must not take our foot off the pedal,’ he warned. ‘We are close to achieving international recognition, despite the opposition of some countries and the inevitable question following from the issue of statutory certification is pushing for statutory carriage of ETOs through safe manning requirements.’
Martin Troman
Mike Hannan said there was an increasing demand for ETO skills on modern sophisticated ships, and the motion would enable the
MCA ‘failing to uphold flag quality’ A motion urging the Union to lobby government to ensure the Maritime & Coastguard Agency ‘has the resources and staffing required to discharge its increased responsibilities for the safety of ships, the marine environment and decent work for seafarers’ was carried unanimously by members at the BGM. Moved by Jim Stone and seconded by Dave Morrison, the motion registered ‘great concern’ over the high rate of turnover of experienced MCA maritime professionals. ‘We’re forever being told the MCA is losing its highly qualified staff because of poor pay and condi-
Union to consolidate its work so far. Jim Stone said he is an ETO and worries about where the new gen-
tions,’ said Mr Stone. ‘If we don’t have the people there to do it, then God knows what’s going to happen to this industry.’ Mr Stone said the MCA was responsible for policing standards in the industry and enforcing rules and regulations, but there are grounds for concern about the possibility of more of its inspection and
Jim Stone
eration will come from. ‘I will be retiring in a few years’ time and I don’t see who will replace me,’ he added. ‘But I do want to see a course for ETOs, and for ETOs to be given some status.’ Kevin Murphy said electronic systems are of increasing importance on ships, and he feared the lack of personnel trained to repair and maintain this equipment is becoming a critical issue. ‘Without electronic aids, many people cannot navigate now,’ he pointed out. ‘We need someone to fix things for those seafarers who are unable to look out of the window. ‘The ETO is absolutely essential for future ship systems, and it is important to get the qualifications and a structure for training and recognition in place. These could be the people who will avert the disaster.’
survey work being ‘farmed out’ to classification societies. Ulrich Jurgens, a senior surveyor with the Agency said extremely experienced and qualified staff had left over the last three years because of restructuring. The MCA was now about 20 surveyors short, he added, and a National Audit Office report had shown that the Agency was not in a position to carry out the work which it is legally required to do. Capt Willie MacKay said he was ‘deeply troubled’ by these developments and said he also had ‘very grave concerns about the Coastguard side of the operation’. Capt Mike Lloyd accused the leadership of the MCA of putting quantity before quality in trying to grow the British flag. The issue of certificates of equivalent competency was ‘a national disgrace’ and the safe manning certificate ‘worthless’. But, he added, ‘This isn’t blaming the people who work for the MCA, they’re good people. It’s their leadership and the management. They’re going to turn us into a maritime banana republic.’
Mike Lloyd
Capt Lloyd warned that substantial contribution increases were needed ‘even to maintain the pensions as they are’ — while further substantial increases were needed to account for the increased cost of living: ‘The alternative is to send back all these people who aren’t going to sea and work them to death through fatigue.’
Recruitment work pays off More than 1,200 new members have been recruited into Nautilus since a special recruitment and organising team was established last year, BGM heard. National secretary Garry Elliott said the team is seeking to bring in new members through an expanding range of intensified recruitment activities. New agreements are being sought to cover the terms and conditions of shore-based staff working for shipping companies, and membership growth is increasing amongst ratings, onboard services staff and medics in the North Sea. Many new members have come from the growing large yacht sector, he said, and Nautilus has been speaking to a number of yacht agencies who are keen to promote the benefits of
membership to their crews. Mr Elliott said Nautilus visits to maritime training facilities have been stepped up — with officials visiting 11 colleges and universities in the UK and Ireland over the past year. ‘The increase in membership is quite significant for a union of this size,’ he added, ‘but we recognise that we have got a lot of work to do if we are to maintain it and make the growth substantive over the next 12 months.’
No BGMs for new union Members attending BGM gave their backing to a Council decision to hold general meetings of the new Union every four years, by voting against a motion calling for them to be held every two years. Seconding the motion, Captain Jessica Tyson argued: ‘I believe it is better every two years, because otherwise members will lose impetus, and Council will possibly lose ideas’. But senior national secretary Paul Moloney explained that the arrangements had been approved when members voted on the creation of Nautilus International. He pointed out that members would be given increased opportunity to get involved, with annual meetings of the new Union’s NL and UK branches where they will be able to ‘pass motions, discuss issues and make policy relevant to them’.
Training call for lay reps Members at BGM voted unanimously in support of a motion urging the Union to maintain its work to train liaison officers and other lay representatives. Proposing the motion, Martin Troman said Nautilus UK had run three highly successful pilot courses for liaison officers and partnership delegates after securing funding from the government’s Union Modernisation Fund. Held at Ruskin College, Oxford, the courses had delivered training for more than 40 liaison officers, covering such subjects as recruitment, representation, basic negotiating, public speaking, and the role of lay representatives. ‘Liaison officers are the vitally important link in the three-way relationship between members, Union and management, and this course has provided support and training to help them in their role,’ Mr Troman said. ‘However, there are constant changes in companies and legislation, and the courses need to be updated and tailored to the needs of members,’ he added. ‘Four courses in five years is not enough and we need to establish a permanent regime of training that is not tied to spurious government funding.’ Mickey Smyth said he had attended the course, and found it to be very informative. ‘We need to have an ongoing process of education,’ he added. ‘At the end of the day, liaison officers and lay reps are there to look after the Union and its members.’ The motion was carried unanimously.
viii | telegraph | nautilusint.org | June 2009
“I really hope the poldermodel will continue to flourish in Nautilus International” Tineke Netelenbos
BGM 2009 uniting maritime professionals
Cheque Sad tribute mate...
for loyal welfare worker Tributes were paid at BGM to Captain Paul Robinson, chairman of the NUMAST Welfare Funds committee, who died just days before the conference opened. Assistant general secretary Peter McEwen said Council members had decided earlier this year to present Capt Robinson with the Nautilus Award, in honour of his many years of service for the Union’s welfare activities. Capt Robinson — who had served at sea with Ellermans — had been on the MMSA Council and on the welfare committee for some 25 years, serving as chairman since 1999. ‘Paul made an enormous contribution to the work of the Union as a whole, and in particular to the NUMAST Welfare Funds,’ said deputy general secretary Peter McEwen. During his time on the welfare committee, Capt Robinson had helped to spearhead major upgrades to the Union’s Mariners’ Park residential and care facilities for former seafarers and their dependants. The Award was accepted on Capt Robinson’s behalf by long-standing committee member Bob Thornton, pictured right with Mr McEwen, and will be presented to his family at a later date.
Council chairman calls it a day
A display of the best entries to the Nautilus/Endsleigh Insurance Services ‘life at sea’ photographic competition was on display at the BGM, and a presentation was made to one of the three prize winners. First and third prize winners Andrej Bogacenko and Paul Weychan were away at sea at the time, but second prize winner Simon Peter Macaulay, a navigating officer serving on Maersk Supply vessels, was able to collect his cheque for £500. The award was presented to Mr Macaulay by Stuart Wartalski,, right, from Endsleigh, who praised the ‘outstanding’ quality of the entries to the competition and the stunning selection of shots entered by Mr Macaulay in the closely-fought contest.
Among the many familiar faces stepping down from Nautilus posts at the end of the 2009 BGM was John Epsom, right, a Stena Line chief engineer who was first elected to Council in 1982 and had served as chairman since 1999. General secretary Brian Orrell thanked him for his many years of ‘dedication and sacrifice’ on behalf of members. Thanks also went to trustee John Hughes, a former principal of Ruskin College, Oxford, who is retiring after almost 30 years with the Union. Mr McEwen described him as a man of ‘tremendous intellect’ who had made ‘extremely insightful contributions’ to the work of Council.
‘Poldermodel’ ffor unity... i Former Dutch shipping minister Tineke Netelenbos is pictured with Nautilus International general secretary Mark Dickinson after she gave an opening address to the reception marking the launch of the new Union. Ms Netelenbos — who now represents the Royal Association of Netherlands Shipowners, and chairs an industry task force on Dutch seafaring — said the creation of Nautilus International was ‘eminently appropriate’ for the global world of shipping. She pointed to many other areas of successful Anglo-Dutch unity — including businesses and football, where many Dutch players are stars in the English premier league. Ms Netelenbos said the new Union would exemplify the Dutch term ‘poldermodel’ — which derived from the Middle Ages, when everyone in the Netherlands, regard-
less of their station in life, would work together to build dykes around their ‘polders’. ‘I really hope the poldermodel will continue to flourish in Nautilus International,’ she added.
2009 NAUTILUS COUNCIL ELECTIONS Our report of voting for the above elections, which closed yesterday at 1700hrs, is as follows:
General Secretary Result (1 to elect for a four-year term of office) As only 1 valid nomination was received the following candidate is elected unopposed: DICKINSON, A M
Elected unopposed
Navigators Including Shipmasters (UK Section) Number of eligible voters: Votes cast by post: Total number of votes cast: Turnout: Number of votes found to be invalid: Total number of valid votes to be counted:
17,131 998 998 5.8% 20 978
Result (7 to elect, 5 for a four year term of office and 2 for a two year term of office) GUDGEON, S GRAVES, M HOFTON, J QUINN, M McDOWELL, L MACKENZIE, I BURFORD, S MATTOCK, J
774 762 755 674 657 651 633 210
Elected Elected Elected Elected Elected Elected Elected
As the highest five scoring candidates GUDGEON, GRAVES, HOFTON, QUINN and McDOWELL will serve a four year term of office and MACKENZIE and BURFORD will serve a two year term of office.
Navigators Including Shipmasters (NL Section) Result (3 to elect, 1 for a four year term of office, 1
for a two year term of office, and 1 Dual Certificated Shipmaster for a two year term of office) As only 3 valid nominations were received the following candidates are elected unopposed: BALLIEUX, R (Dual Certificated Shipmaster) Elected Unopposed GUTTELING, R Elected Unopposed VAN VUUREN, J Elected Unopposed VAN VUUREN was selected by lot to serve a two year term of office and GUTTELING will consequently serve a four year term of office. BALLIEUX will serve a two year term of office.
Inland Navigation (NL Section) Result (1 to elect for a two year term of office) As only 1 valid nomination was received the following candidate is elected unopposed: VAN DER ZEE, J
Elected Unopposed
Engineers Including ETOs/Electrical Engineer Officers and Radio Officers (UK Section) Number of eligible voters: Votes cast by post: Total number of votes cast: Turnout: Number of votes found to be invalid: Total number of valid votes to be counted:
17,131 998 998 5.8% 33 965
Result (5 to elect for a four year term of office) DAVIES, G MORRISON, D TROMAN, M PEREIRA, R
745 702 622 585
Elected Elected Elected Elected
EVANS, GC TEMING-AMOAKO, YB DOYLE, R
584 Elected 404 236
Engineers Including ETOs/Electrical Engineer Officers and Radio Officers (NL Section) Result (2 to elect, 1 for a four year term of office and 1 for a two year term of office) As only 2 valid nominations were received the following candidates are elected unopposed: VAN HOBOKEN, W Elected Unopposed SLOOSTRA, K E Elected Unopposed VAN HOBOKEN was selected by lot to serve a two year term of office and SLOOSTRA will consequently serve a four year term of office.
Ratings (UK Section) Result (1 to elect for a four year term of office) As no valid nominations were received the position remains vacant.
Ratings (NL Section) Result (1 to elect for a four year term of office) As only 1 valid nomination was received the following candidate is elected unopposed: METZELAAR, G S J
Elected unopposed
Other Particular Categories (UK Section) Number of eligible voters: Votes cast by post: Total number of votes cast: Turnout: Number of votes found to be invalid: Total number of valid votes to be counted:
17,131 998 998 5.8% 88 910
Result (1 to elect for a 4 year term of office) JURGENS, U BRYCE, M MAY, S
450 Elected 280 180
Other Particular Categories (NL Section) Result (1 to elect for a four year term of office) As only 1 valid nomination was received the following candidate is elected unopposed: FEIKEMA, G W Elected unopposed As Scrutineers appointed in accordance with Section 49 of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended), we are satisfied as to each of the matters specified in subsection 52(2) with regard to the election. The following points should be noted: 1. The person appointed under section 51A to carry out the storage and counting of voting papers was Electoral Reform Services Limited. 2. The person appointed under section 51A to carry out the distribution of voting papers was Electoral Reform Services Limited. 3. A copy of the register of voters (as at the relevant date) was examined in accordance with section 49(3). The examination took place at our own instance and did not reveal any matter that should be brought to the attention of the trade union. We would draw your attention to sections 52(4), 52(5), and 52(6). Section 52(4) requires that a copy of this report be published and made available to all members of the union within a three month period from today. This does not, however, mean that every member has to be notified individually. ADRIAN WILKINS Senior Consultant Electoral Reform Services