HC Deb 22 March 1938 vol 333 cc971-2
4. Mr. Shinwell

asked the President of the Board of Trade whether he is aware that Section 28, Subsection (8), of the Merchant Shipping Act, 1906, gives power to a shipowner to refuse release of wages to a seaman who has missed or failed to join his ship at a foreign port; that this creates hardship for seamen; and whether he will take any action in the matter?

Mr. Stanley

I am aware of the provision to which the hon. Member refers. As at present advised, I see no reason to propose any amendment of the law in this respect.

Mr. Shinwell

Does not the right hon. Gentleman realise that frequently a seaman who has been on a voyage of three or four months' duration, or even longer, has his wages refused by the shipowner on account of a minor misdemeanour, and surely in this instance the Board of Trade will use what influence it has to induce the shipowner to pay?

Mr. Stanley

Using our influence is rather a different thing from introducing amending legislation. I am looking into the particular case which the hon. Member sent to me. He and the House will realise, of course, that there is always a right of action if a seaman thinks that his wages have been wrongfully withheld.

Mr. Shinwell

But does not the right hon. Gentleman realise that action of that kind is not easily accessible to a poor merchant seaman, and cannot the right hon. Gentleman see that the present system places extreme power in the hands of the shipowner against the seaman?

Vice-Admiral Taylor

Does not a seaman break his contract if he does not join his ship?

Mr. Stanley

That, of course, is the basis upon which the claim to withhold wages is made.