Significance of the reflagging deal

Allowing Irish Ferries to reflag in another country is very significant. This means that once they reflag – which they most likely will do – they are not bound by the deal they struck with SIPTU on the minimum wage or any Irish legislation on labour and workers rights. The registration of an Irish Ferries ship to another nation is allowed under International law in the Geneva Convention of the High Seas 1958. Article 4 says: 'Every State, whether coastal or not, has the right to sail ships under its flag on the high seas.' Article 5 of the convention attempted to address the problem of ships registering in countries for 'flags of convenience'. It said 'There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag' and that they must have documents to that effect. The UN Law of the Sea Convention 1982 also tried to address the problem of 'flags of convenience'. Article 91 reiterated that there must exist a 'genuine link' between the State and the ship. However, a recent case at the International Tribunal for the Law of the Sea said that the validity of a genuine link cannot be posed by another nation. This would rule out Ireland questioning whether Irish Ferries had established a genuine link with the country under which it reflags. Consequently, once Irish Ferries has reflagged, they must adhere to the laws on minimum wage and workers rights only in that country. EMMA BROWNE