The Atypical Working Scheme was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet, who are not currently eligible for permission under the Department of Enterprise, Trade and Employment (DETE) employment permit system. The Scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet.
The Scheme was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the Scheme.
The Scheme commenced in February 2016 and was initially only open to Non-EEA crew members who were already working in the Fishing Industry in Ireland. From July of that year, all non-EEA workers intending to work in the fishing industry were required to obtain an Atypical Worker Permission (Stamp 1 conditions) from my Department and a Visa clearance, if applicable, prior to entering the State.
The Scheme for SeaFishers also provides for the annual renewal of the permission granted and permits the employee to transfer employment within the sector. However, the permission granted is not transferrable to any other employment sector within the State.
The table below sets out the information requested by the Deputy.
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Numbers
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The number of non-EEA migrant fishers that are currently enrolled in the atypical work permit scheme
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There are 227 valid permissions granted under the Scheme at present. This number represents all positive decision letters issued under the Scheme since late December 2019.
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The number of renewals of atypical work permits that have been applied for in the past 12 months
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A total of 133 applications for renewal of permission have been received in the last 12 months.
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The number of fishing vessels that have non-EEA migrants employed under the scheme
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93 vessels have crew members that were recruited as part of the scheme. This represent less than 55% of the total vessels eligible to participate in the scheme.
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The number of fishing vessel owners that currently have non-EEA migrants in their employment as part of the atypical work permit scheme
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68 Vessel owners have recruited crew members by making an application to the scheme. Where a vessel or group of vessels are owned by a number of individuals in partnership they have been recorded as a single vessel owner.
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All crew members that have held a valid immigration permission since 20 March 2020, are eligible for the automatic extensions to immigration permission announced on seven occasions during the pandemic to ensure continuation of immigration permission. The most recent extension is to 20 September 2021. These automatic extension of permissions may have impacted on the number of renewal applications made in the last 12 months.
The 2015 Report of the cross Departmental Task Force states that a maximum of 500 permissions can be active at any one time. This cap has never been reached since the Scheme commenced.
The scheme is monitored by an Oversight Committee chaired by the Department of Agriculture, Food and the Marine. Any abuses or otherwise of the employment conditions in the Irish fishing industry are a matter for the Workplace Relations Commission, the Marine Survey Office, and other appropriate authorities of the State.
