asked the Minister for Labour if he is aware that employees engaged in sea fishing, including share fishermen, are denied the benefits of paid holidays under section 2 (1) (c) of the Holidays Act, 1973, that some do not appear to be entitled to redundancy benefits because of section (4) (1) of the Redundancy Payments Act, 1967 and that they do not appear to be protected at work by the Conditions of Employment Act, 1936 or by section 3 of the Factories Act, 1955, unless fish taken from the sea are processed or adapted for sale at sea; and if it is proposed to introduce legislation to remove these anomalies.
Written Answers. - Sea Fishing Employees' Entitlements.
373.
Section 2(1)(c) of the Holidays (Employees) Act 1973 excludes seafarers from the scope of the Act because these workers have regular long spells on and off duty and compliance in their case would be impracticable.
Section 2(1)(e) excludes fishermen from the scope of the Act for the reason that these workers are mainly paid on a share basis and their employment is usually intermittent and seasonal.
The position under the Redundancy Payments Acts 1967 to 1979 is that the Acts apply to employees in employment which is insurable for all benefits under the Social Welfare Acts.
I understand that the Deputy has addressed a question directly to the Minister for Social Welfare regarding the insurability of fishermen.
Fishing is excluded from the Conditions of Employment Acts 1936 and 1944. The Acts cover industrial employment.
Proposals to amend the respective sections of the Holiday and Conditions of Employment Acts in the immediate future are not being considered.
As the Deputy will be aware, I have established a Commission on Safety and Health at Work. One of the tasks of that commission will be to examine the position of workers who are not afforded protection under existing legislation relating to safety and health. I would expect that the position of employees engaged in sea fishing would form part of that examination.