Dáil Éireann Debate, Thursday - 23 March 2017
41. Deputy Mick Barry asked the Minister for Jobs, Enterprise and Innovation the reason no prosecutions have followed from the 151 infringements against the rights of migrant fishing crew that have been uncovered in the industry (details supplied). [12376/17]
View answerThe Workplace Relations Commission's objective is to facilitate voluntary compliance insofar as contraventions of employment rights legislation are concerned. In this regard, Employers/Vessel Owners are afforded all reasonable opportunity to rectify contraventions and, where relevant, pay any unpaid wages and/or make good on entitlements arising from these contraventions. Following the detection of contraventions, the WRC issues, in all cases, a contravention notification to the vessel owner. Such notifications have issued in respect of the 157 contraventions of employment rights and employment permits legislation detected to date by WRC Inspectors. If the owner addresses the contravention to the WRC’s satisfaction within the time specified in the notice, the matter can be closed without recourse to further proceedings.
However, it is the policy of the WRC to issue Compliance Notices or Fixed Payment Notices and/or to initiate legal proceedings in cases where an owner has failed or is unwilling to effect compliance. I am advised by the WRC that it has been necessary to date to initiate two prosecutions and that further prosecution proceedings will be initiated where owners refuse or fail to engage with Inspectors and/or address contraventions.
The Deputy will be aware that arising from the recommendations of the Task Force on allegations regarding treatment of workers on Irish fishing trawlers, an atypical work permission scheme was introduced for non-EEA fishers working on Irish fishing vessels. The scheme is administered by the Department of Justice and Equality and the Irish National Immigration Service (INIS) on behalf of the Department of Agriculture, Food and the Marine.
A number of agencies and organisations are involved in the monitoring and enforcement of the scheme and have signed up to a Memorandum of Understanding (MOU) in order to provide a rigorous and effective inspection system. They include An Garda Síochána, Bord Iascaigh Mhara, INIS, the Naval Service, the Revenue Commissioners, the Sea Fisheries Protection Authority, my Department, the Workplace Relations Commission, the Health and Safety Authority, the Department of Agriculture, Food and the Marine and, with a number of exclusions, the Marine Survey Office of the Department of Transport, Tourism and Sport.
The WRC’s responsibilities relate to the enforcement of the Employment Permits Acts and employment rights legislation including minimum wage legislation. The Marine Survey Office in the Department of Transport, Tourism and Sport is responsible for enforcing legislation relating to rest periods and maximum working time for seafarers and fishing vessel crew.
Some 113 of the 174 fishing vessels which come within the aegis of the Atypical Scheme have been inspected to date by the WRC and the remainder will be inspected by Summer of this year. Case files relating to all vessels will remain open until such time as WRC inspectors are satisfied that compliance has been achieved.
