Written Answers Nos. 221-229
221. Deputy John Paul Phelan asked the Minister for Jobs, Enterprise and Innovation the progress made on his proposal to establish a medical injuries assessment board, along the same method as the Personal Injuries Assessment Board; and if he will make a statement on the matter. [39445/15]
View answerThe issue of medical injuries is the policy responsibility of the Minister for Health and the Minister for Finance who has responsibility for the State Claims Agency (SCA). The State Claims Agency manages person injury, property damage and clinical negligence claims brought against certain State authorities including Government Ministers, the Attorney General, healthcare enterprises, the Commissioner of An Garda Síochána, and prison governors amongst others. There are currently in the region of 129 delegated State authorities within the remit of the State Claims Agency.
I have never made any proposal to establish a Medical Injuries Assessment Board.
222. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation when his Department first acted on reports of the trafficking of migrants to work on Irish fishing vessels and allegations of the maltreatment of workers, following investigation of these reports by An Garda Síochána; if there was any increase in the number of labour inspections carried out by the Workplace Relations Commission on fishing vessels as a result of these reports; and if he will make a statement on the matter. [39486/15]
View answerThe Inspection service of the Workplace Relations Commission is aware of the allegations in relation to Irish fishing vessels and a number of inspections related to this issue are presently underway, some in co-operation with other State bodies. The WRC does not comment on individual cases.
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 is a matter for inspectors of the Workplace Relations Commission (WRC). However, such legislation does not apply to persons classed as ‘share fishermen’ for Revenue purposes who are classed as self-employed persons rather than employees.
Marine Surveyors of the Department of Transport, Tourism and Sport are authorised officers insofar as the enforcement of rest periods and the maximum working time of seafarers and fishing vessel crews are concerned. 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. Inspection activity for 2015 shows a significant increase on previous years.
The WRC is represented on the cross-Departmental Task Force established by the Government to deal with issues highlighted by the Guardian Report on illegal migrant workers on Irish fishing vessels. The Task Force had its first meeting on 5th November.
The WRC also participates in the North Atlantic Fisheries Project, led by An Garda Síochána, which has been established specifically to identify and support victims of trafficking within the marine sector. This project brings a comprehensive and multi-disciplinary approach to the issue, involving a broad range of competent State Agencies (including relevant marine, immigration and employment rights authorities) and civil society organisations.
223. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the steps he took when recently contacted by an organisation (details supplied) over concerns about the treatment of migrant workers on Irish fishing vessels; if there was an increase in labour inspections carried out by the Workplace Relations Commission as a result of this; and if he will make a statement on the matter. [39487/15]
View answerI am aware of the allegations to which the Deputy refers. I am very concerned by the reported circumstances and treatment of the workers involved and the alleged compromise of their safety. Any mistreatment of workers on Irish fishing vessels is completely unacceptable and will not be tolerated by the State and its agencies.
That is why the Government decided last week to immediately establish an Inter-Departmental Taskforce chaired by the Minister for Agriculture, Food and the Marine, Simon Coveney, to examine the wide range of issues regarding the treatment of workers on board Irish fishing trawlers. The Taskforce had its 1st meeting on the 5th of November and will meet again this week.
The Taskforce has set itself a very tight timeframe in which to come up with proposals for Government and I look forward to considering these together with my Cabinet colleagues.
The Inspection service of the Workplace Relations Commission is also aware of the allegations in relation to Irish fishing vessels and I understand that a number of inspections related to this issue are presently underway, some in co-operation with other State bodies. The WRC does not comment on individual cases.
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 is a matter for inspectors of the Workplace Relations Commission (WRC). However, such legislation does not apply to persons classed as ‘share fishermen’ for Revenue purposes who are classed as self-employed persons rather than employees.
Marine Surveyors of the Department of Transport, Tourism and Sport are authorised officers insofar as the enforcement of rest periods and the maximum working time of seafarers and fishing vessel crews are concerned. 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. Inspection activity for 2015 shows a significant increase on previous years.
The WRC is represented on the cross-Departmental Task Force established by the Government to deal with issues highlighted by the Guardian Report on illegal migrant workers on Irish fishing vessels. The WRC also participates in the North Atlantic Fisheries Project, led by An Garda Síochána, which has been established specifically to identify and support victims of trafficking within the marine sector. This project brings a comprehensive and multi-disciplinary approach to the issue, involving a broad range of competent State Agencies (including relevant marine, immigration and employment rights authorities) and civil society organisations.
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.
225. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation how a non-European Economic Area migrant can apply for an Irish work permit to work on an Irish fishing vessel that operates in Ireland’s territorial waters, or to work on vessels or on the dock while they are in Irish ports; the employment legislation that is applicable in this case for such persons; and if he will make a statement on the matter. [39489/15]
View answer226. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he is considering proposals to grant work permits to migrants from outside the European Economic Area to work on Irish fishing vessels that operate in Ireland’s territorial waters, or to work on vessels or on the dock while they are in Irish ports with a view to dealing with crew shortages; and if he will make a statement on the matter. [39490/15]
View answer227. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he is considering regularising the status of non-European Economic Area seafarers to permit such persons to apply for work permits which would afford them the same health and employment rights as local crew members, following a request by industry stakeholders; and if he will make a statement on the matter. [39491/15]
View answerI propose to take Questions Nos. 225 to 227, inclusive, together.
A number of factors are relevant when considering non-European Economic Area migrants as applicants for Employment Permits to work in the Irish fishing sector. The most significant of these factors is the prevalence in the industry of the “share fishermen” model, under which the fishermen are categorised as self-employed. The Irish employment permits system is predicated on the existence of an employment relationship between an identifiable employer in the State and his/her employee. As there would appear to be a genuine model in the sector of self-employed share fishermen, such individuals would be outside the scope of the Employment Permits system.
A second relevant factor is the lack of evidence to date pointing to a skills shortage in the sector that cannot be filled from within the EEA. As a result, all fishing occupations are currently specified as ineligible occupations for the purposes of the employment permits system on the “Ineligible Categories of Employment” List (ICEL). This List is reviewed twice yearly with input from relevant Government Departments, Agencies, Trades Unions and industry. In the context of the review currently underway, I have invited fish producers’ organisations to make a submission on the case for removing fishermen from the list.
In order to examine the wide range of issues facing the Irish fishing sector and workers within that sector, the Government decided last week to immediately establish an Inter-Departmental Taskforce chaired by the Minister for Agriculture, Food and the Marine, Simon Coveney. The Taskforce had its first meeting on the fifth of November and will meet again this week. It has set itself a very tight timeframe in which to come up with proposals for Government and I look forward to considering these, together with my Cabinet colleagues.
228. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by the Workplace Relations Commission in Irish meat processing plants; 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. [39508/15]
View answerThe following table sets out details of inspections identified by the Inspection service of the Workplace Relations Commission (formerly the National Employment Rights Authority), as having been carried out in the Meat Processing sector for the years 2012-2015.
|
Year |
Meat Processing Plant Inspections |
|
2015 |
9 |
|
2014 |
12 |
|
2013 |
5 |
|
2012 |
24 |
It may be noted that this sector is not a separate sector of employment used to record inspection activity and the figures given here may not encompass all inspections carried out in this sector in the period requested.
No prosecutions were recorded in this sector during the period 2012-2015. The aim of inspections is to achieve voluntary compliance with employment law through the provision of education and awareness and inspection of employers’ employment records.
229. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the process that a non-European Economic Area migrant must undertake to apply for an Irish work permit in order to work in an Irish meat processing plant; the employment legislation that is applicable in this case for such persons; and if he will make a statement on the matter. [39509/15]
View answerThe Employment Permits Acts (2003 - 2014) is the legislation in respect of which non-EEA nationals apply for Employment Permits to permit them to work in this State.
Since 1st September 2015 on commencement of the Employment Permits (Amendment) Regulations 2015, 200 General Employment Permits in respect of boners (meat) are being made available to eligible applicants to work in the meat industry. This is to satisfy demand for skilled boners in that industry.
These General Employment Permits are available for boners on foot of a job offer for a full time position with a minimum annual remuneration of €27,500. A Labour Market Needs test and other criteria apply. All of the detailed information in respect of applications and application forms are available on my Department’s website.
To date, six applications for General Employment Permits to work as boners (meat) have been granted.
