Dáil Éireann Debate, Tuesday - 25 January 2022
162. Deputy Mick Barry asked the Tánaiste and Minister for Enterprise, Trade and Employment when legislation will be introduced on foot of the agreement reached between his Department and the Department of Transport to give the Workplace Relations Commission jurisdiction to hear complaints of breaches of the Working Time at Sea Directive; and if he will make a statement on the matter. [3446/22]
View answerA Memorandum of Understanding on the monitoring and enforcement of the Atypical Worker Permission Scheme for non-EEA fishers employed on certain Irish-registered fishing vessels was signed by 11 Departments and Agencies in May 2016.
The Workplace Relations Commission (WRC) is one of a number of agencies which contributes to the enforcement of this scheme and has particular responsibility for checking compliance insofar as terms of employment, permission to work, payment of wages, annual leave, public holiday and National Minimum Wage entitlements are concerned.
Enforcing compliance with rest period and maximum working hours requirements in the fishing sector is the responsibility of authorised officers of the Department of Transport, i.e., Marine Surveyors.
However, as the Deputy rightly points out, a legislative amendment is required in order to provide the WRC with jurisdiction to hear complaints of breaches of the Working Time at Sea Directive.
My Department has engaged with the Department of Transport and agreement has been reached to submit a proposal to the Oireachtas to extend the WRC's jurisdiction in this matter. This proposal will be included as a miscellaneous amendment in a legislative instrument in the Spring.
