Dáil Éireann Debate, Tuesday - 10 November 2015
224. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by the Workplace Relations Commission on Irish fishing vessels; the number of prosecutions undertaken by county in each of the years 2012 to 2015, to date, in tabular form; and if he will make a statement on the matter. [39488/15]
View answerInspections relating to the enforcement of the National Minimum Wage, Payment of Wages, Terms and Conditions of Employment, Employment Agency and Employment Permits Acts in respect of workers employed on board Irish registered fishing vessels were, prior to 1st October, 2015, undertaken by inspectors of the National Employment Rights Authority (NERA). With effect from 1st October this year the employment rights inspection function was transferred to the Workplace Relations Commission (WRC).
WRC inspectors do not enforce legislation relating to the rest periods and maximum working time of seafarers and fishing vessel crews. Such inspections are undertaken by Marine Surveyors of the Department of Transport, Tourism and Sport. In addition, employment legislation does not apply to persons classed as ‘share fishermen’ for Revenue purposes who are classed as self-employed persons rather than employees.
The information requested by the Deputy is set out in the following table.
Table: Inspections of Fishing Vessels by WRC 2012-2015 (to date)
|
2012 |
2013 |
2014 |
2015 |
|
2 |
2 |
0 |
10 |
Inspections are generally undertaken at fishery harbour centres or other landing areas. The inspection numbers set out in the Table above do not include visits, information gathering or other employment rights enforcement activities undertaken in the fisheries sector.
There have not been any prosecutions arising from the above inspections insofar as the legislation coming within the remit of the WRC is concerned. The objective in all cases is to achieve compliance and to afford the employer a reasonable opportunity to rectify any contraventions without recourse to legal proceedings.
Inspectors of the WRC have statutory powers to share information and carry out inspections with other State Bodies and there has been increasing liaison in this regard in 2015 between the WRC and the Department of Transport insofar as inspections in the fishing industry are concerned.
