Protect yourself from criminalisation

Nautilus recently held a webinar focusing on the legal and professional protections available to our members in the superyacht sector and explaining the initial steps any yacht professional can take in the event of a maritime incident to prevent criminalisation. Rob Coston reports

Nautilus director of legal services Charles Boyle spoke to a well-attended webinar for yacht professionals on Friday 13 September, on the subject of criminalisation and how seafarers can protect themselves from unfair treatment. This was arranged following the sinking of the yacht Bayesian, and the criminal charges brought against members of the crew in the aftermath.

The Union's director of organising, Martyn Gray, began by highlighting the services available to members of the Union. These include not just the services such as sea service verification and recovery of unpaid wages, but those directly relevant to criminalisation:

• Legal representation
• A worldwide legal network (JASON), which ensures you have access to a quality lawyer with experience in the relevant jurisdiction where an incident occurs
• Emergency assistance and support around the clock, whenever something goes wrong, via the Nautilus 24/7 service and helpline

Mr Boyle explained how yacht professionals should react when an incident occurs at sea, and also the importance of seafarers having representation (whether arranged by themselves or through Nautilus) should they be interviewed by investigators/maritime authorities such as the MAIB or MCA after an incident at sea such as a collision.

He stressed that this is particularly important in the case of interview by the MCA or similar bodies in other states which are able to bring prosecutions.

'It is very important you know your rights and have taken legal advice before you go into an interview like that, because it will nearly always be recorded and the words that you say can be used against you. Once the genie is out of the bottle it can’t be put back in again.'

If those matters go on to criminal proceedings Nautilus will help to provide a legal defence.

Protecting your CoC

The other aspect of legal protection is to help members if their Certificate of Competency (CoC) is revoked or suspended, Mr Boyle said, but if that does happen, Nautilus is able to pay wages (up to a limit of £141,000) as a form of insurance. Nautilus can sometimes even assist before a CoC is revoked.

'In the yacht sector, we are getting incidents like one I dealt with a couple of years ago when a member came to me following a Port State Control inspection that had shown up many non-conformities,' Mr Boyle said. 'He was just about to lose his certificate, but we managed to persuade the maritime authority not to revoke it if he sat an exam to prove he was still capable of doing the job, which he was able to do quite quickly.'

He highlighted also an increasing use of Nautilus's personal injury claims service by yacht professionals – a service which allows them to access legal support when they suffer a workplace injury.

Watch the full webinar, with much more advice on criminalisation.

Of course, the best protection you can have is membership of Nautilus International, the ILO-recognised trade union for yacht professionals worldwide. As a member, you're eligible for our full legal support. Join Nautilus now!