Dáil Éireann Debate, Tuesday - 25 January 2022
163. Deputy Mick Barry asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of inspections of fishing vessels that are eligible to employ non-EEA workers under the terms of the atypical work permit scheme that took place in 2021; the number of non-compliances that were detected; the category and penalties that resulted for the vessel owners in each case; and if he will make a statement on the matter. [3447/22]
View answerThe Workplace Relations Commission (WRC) contributes to multi-agency efforts to enforce the Atypical Worker Permission Scheme for Non-EEA Workers engaged on Irish-registered whitefish fishing vessels over 15 metres in length.
The WRC carried out 51 inspections in 2021 of fishing vessels that come within the scope of the Scheme. This included inspections undertaken by the WRC in September last year under Operation Pallas, which is the eighth such operation undertaken by the Commission since 2016. This brings to 497 the number of fisheries inspections which have now been undertaken by WRC Inspectors since the introduction of the Atypical Scheme.
50 contraventions of employment rights or employment permits legislation, relating to 20 vessel owners, were detected by WRC Inspectors in 2021. This brings to 365 the number of contraventions detected by WRC Inspectors since the introduction of the Atypical Scheme.
The WRC objective is to work with employers, in this case vessel owners, to achieve compliance. Fishing vessel owners who do not comply on a voluntary basis, following the issue of a Contravention Notice, will, depending on the legislation involved, be issued with a Compliance Notice or Fixed Payment Notice or face prosecution. Current policy provides for the initiation of prosecution proceedings in relation to the offence of employing a non-EEA national without a valid permission to work.
The current position in relation to the contraventions detected in 2021 is set out in 'Table 1' attached.
Table 1: 50 contraventions detected in 2021
|
Status |
No. |
|
Open-Contravention Notice Issued |
11 |
|
Open-Final Notice Issued |
2 |
|
Open-Prosecution Underway |
1 |
|
Closed-Referred to another agency |
11 |
|
Closed-resolved by Contravention Notice |
25 |
|
Total: |
50 |
Unpaid wages of over €13,000 arising from unauthorised deductions from pay and failure to pay the National Minimum Wage rate or to grant public holiday and/or annual leave entitlements were secured in the case of 11 of the 50 contraventions.
