Mick Barry
Question:
218. Deputy Mick Barry asked the Minister for Transport the number of instances of non-compliance that were detected by the Marine Survey Office or referred to the Marine Survey Office by other agencies that in some way related to fishers employed under the atypical work permit scheme for non-EEA fishers in 2021; the number of prosecutions of vessel owners that have ensued; the penalties that have been issued to vessel owners; and if he will make a statement on the matter. [3444/22]
View answer
The data requested is being collated by the Marine Survey Office and a comprehensive reply shall issue shortly.
The following deferred reply was received under Standing Order 51
In relation to the atypical work permit scheme for non-EEA fishers working in the Irish fishing fleet; during April 2019 a mediated settlement was agreed between the International Transport Worker’s Federation (ITF) and the Minister for Justice and Equality which included a number of changes to the scheme applicable to non-EEA fisherman. The agreement contained provision for inter-agency collaboration, including between the Workplace Relations Commission (WRC) and the Marine Survey Office (MSO) of my Department. During 2021, as part of this collaboration, the MSO received 15 referrals from the WRC relating to potential contraventions of the European Union (International Labour Organisation Work in Fishing Convention) (Working Hours) Regulations 2019. The WRC also forwarded 3 reports concerning other possible safety related anomalies that they had noted during their inspections.
The MSO is primarily concerned with the safety of all fishing vessels, whatever the employment status of their crews. The MSO has in place a comprehensive survey and inspection programme for Irish fishing vessels, which are subject to scheduled surveys following application from their operator, in order to maintain the required safety certification. Fishing vessels may also be subject to unscheduled inspections following complaints received by the MSO from fishers or other bodies such as the WRC and following incidents/accidents to vessels. The MSO also carry out port state control inspections on foreign fishing vessels whilst in Irish Ports.
Deficiencies or penalties may be imposed by the MSO in relation to maritime legislation affecting fishing vessels which is within the scope of the MSO’s activities, including in relation to the “EU Work in Fishing” regulations, which concern all fishers who are working onboard Irish fishing vessels under a contract of employment, whatever their nationality and the atypical worker status of a fisher is not relevant to the MSO in this respect.
During 2021 the MSO commenced 26 unscheduled inspections on Irish fishing vessels and to date, 181 deficiencies have been identified across the full scope of applicable legislation during these inspections. 4 fishing vessels were detained as a result of these inspections.
In particularly serious cases, prosecutions may be pursued through the courts and during 2021 court proceedings were heard in relation to 2 Irish fishing vessels.
