Dáil Éireann Debate, Wednesday - 28 September 2005
143 Mr. Morgan asked the Minister for Enterprise, Trade and Employment his views on the current working conditions of employees on board a shipping vessel (details supplied) and the fact that the company concerned now intends to extend these employment conditions to its ships operating on the Dublin-Holyhead and Rosslare-Pembroke routes. [25767/05]
View answerI understand that the first vessel referred to by the Deputy is not registered in Ireland, and that a ship management agency recruits, employs and manages the ship's staff on this service. Where the terms and conditions of employees are concerned, the flag state, that is the state where the ship is registered, has the exclusive rights to exercise legislative and enforcement jurisdiction over its ships on the high seas. Seafarers on Irish registered ships remain subject to the provisions of Irish law regardless of the location of the ship.
Surveyors from the Department of Communications, Marine and Natural Resources may inspect ships docked at Irish ports to ensure that foreign registered vessels are maintained and operated in compliance with international safety standards. Port authorities have inspected the vessel referred to by the Deputy in the past and were satisfied that the living and working standards were in compliance with the relevant standards.
On 19 September, Irish Ferries announced that it had offered a voluntary severance package to its 543 seafaring employees on its Irish Sea services between Dublin-Holyhead and Rosslare-Pembroke. According to the company, the decision was taken as a result of low-cost shipping competition and increased capacity from low fares airlines. I understand that the company intends to replace those staff made redundant with third party agency arrangements for EU sourced staff.
Primary responsibility for this sector rests with the Minister and the Minister of State at the Department of Communications, Marine and Natural Resources. The Minister of State with responsibility for the marine has already stated that he considers the measures announced as extreme and that the implementation of the proposed redundancies would have grave consequences for Irish seafarer employment, given Irish Ferries' position as the largest employer of Irish seafarers. He expressed his hope that the company would delay implementation of its plan until recent proposals concerning state aid guidelines for the sector have been considered by the Government.
Notwithstanding the limitations of international law as outlined, the services of the State's dispute-settling machinery of the Labour Relations Commission and the Labour Court are available to the parties at any stage.
I thank the Minister of State for the reply giving a general outline of the situation as it stands but my question concerns what he intends to do to address the problem at Irish Ferries to ensure that no worker on board ferry services operating out of Irish ports is subjected to the exploitative working conditions proposed by that company. Everybody knows what the company is doing and nearly everybody agrees that it should not be allowed to get away with it.
Does the Minister of State agree that what is needed is a European ferries directive to deal with passenger and ferry services operating within the Community and subjecting workers to pay and conditions below the minimum standards throughout the EU? Has the Minister contacted the EU Commission in respect of raising such a prospect to deal with what Irish Ferries propose in this case? We know what will happen if the company gets away with it.
As I explained, the issue of seafarers aboard Irish registered ships is one that can be dealt with in this jurisdiction. Unfortunately, when ships are registered in other jurisdictions we do not have that power. I am taken by the Deputy's suggestion that this be dealt with at European level. I pay tribute to the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Gallagher, for the manner in which he has pursued this matter. I assure the House that every effort will be made to ensure that conditions of Irish workers comply with Irish legislation in so far as it is within the jurisdiction of the Government. At present that can only be done in respect of Irish registered vessels.
What is partnership worth if we allow flags of convenience ships to treat workers in this way? What is its value if companies can use a manipulative facility to move away from conditions for any workers on board these ferries? Does the Minister accept that the proposition is undoubtedly the creation of exploitative working conditions over which we will have no control? Does the Minister accept that Irish Ferries should not be allowed to get away with this? What is the point of rhetoric on respecting workers' rights on ferries or elsewhere? That is not worth a damn if we are to let these people tread all over us in the way proposed.
I am as angry as the Deputy in respect of this matter. The reality is that shipping companies are entitled to operate under flags of convenience. In those circumstances it is clear to all of us that little can be done within this jurisdiction.
Will the Minister consider the option of an EU ferries directive?
The Minister for Communications, Marine and Natural Resources has examined various options, including the one the Deputy mentioned. Unfortunately any resolution arising on foot of these discussions would be long-term and would not address the current difficulty. The company is quite profitable and in the present circumstances it is difficult to justify the action proposed.
On a point of order, I gave notice to the office of the Ceann Comhairle regarding the ruling out of a question tabled today. This question on general insurance was transferred to the Department of Transport, which does not have responsibility for the matter. The General Office advised me that it is a matter for the Minister for Enterprise, Trade and Employment who, amazingly, transferred a question on insurance to the Department of Transport. I am advised I have no redress other than to raise the matter with the Chair now.
The Chair has no responsibility either. It is a matter for the Government.
On a point of order, my understanding is that this is part of the insurance reform programme. Regulatory matters of general insurance issues are the responsibility of the Department of Finance, car insurance is the responsibility of the Department of Transport and my Department has retained responsibility for the Personal Injuries Assessment Board. We do not have responsibility for general insurance matters.
It is not a matter for the Chair.
A question on general insurance was transferred to the Department of Transport.
It is the responsibility of the Deputy to put down the right question to the right Department.
Now it is a matter of putting down the correct question. Is the Minister saying I did not ask the right question?
The Deputy should table it to the correct Department.
We cannot have a debate on it.
The question is quite clear. It concerns the huge profits for the insurance sector. I have asked the Minister——
I have not seen that question.
We must proceed with other questions.
The Minister saw it. He transferred it to the Minister for Transport. I ask the Leas-Cheann Comhairle what he will do about this matter as we begin a new Dáil session.
It is not a matter for the Chair. It is a matter for the Government.
It is quite clear that the Department of Transport cannot answer this question.
The Chair has no function in this matter.
Can a question be killed off by moving it to a Department to which the question is not relevant? It is extraordinary.
