Eligibility for the atypical worker scheme is not a relevant criterion for the selection of fishing vessels for inspection by the Marine Survey Office (MSO). The MSO selects fishing vessels for inspections based on a number of criteria including follow-up on any incidents as well as referrals from a number of sources including other Member States, members of the public, fishers, Workplace Relations Commission or An Garda Siochana amongst others. The MSO carries out such inspections in relation to several relevant instruments, the Atypical Worker Scheme for non-EEA fishers is not of itself such a relevant instrument.
In relation to the number of unannounced inspections carried out on Irish flagged fishing vessels in 2020, 19 such inspections were carried out. 11 such inspections have been carried out by the MSO so far during 2021. The MSO does not identify non-compliances, it may identify deficiencies in relation to the relevant instruments which are applicable to the vessel concerned. The action to be taken in such cases is in accordance with the professional judgement of the attending MSO surveyor. The Master and/or owner, as appropriate, are issued with a report of inspection which details deficiencies and the action to be taken. If deficiencies cannot be rectified during the inspection then the MSO surveyors may require “rectification before departure”, “rectification within 14 days” or “other, as specified by the surveyor”. The MSO may also require the submission of records for further examination and may also carry out follow up inspections as appropriate to check on progress or closing out of deficiencies. The MSO may detain vessels in cases of serious or continuous non-compliance and prosecution of offences through the courts may also follow in such cases.
