Dáil Éireann Debate, Thursday - 23 February 2017
426. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if she will report on the continuing serious allegations of illegal pay and conditions for workers in the fishing industry; and if she will make a statement on the matter. [9355/17]
Amharc ar fhreagraIn order to address the complex array of issues facing the State in monitoring compliance with employment legislation in the fishing industry, in 2015 the Government established a Task Force on allegations regarding treatment of workers on Irish fishing trawlers, which was chaired by my colleague the Minister for Agriculture, Food and the Marine. Arising out of the conclusion of the Taskforce’s work, an atypical work permission scheme was introduced for non-EEA fishermen working on Irish fishing vessels. The scheme is administered by the Department of Justice and Equality and the Irish National Immigration Service (INIS) on behalf of the Department of Agriculture, Food and the Marine.
A number of agencies and organisations are involved in the monitoring and enforcement of the scheme and have signed up to a Memorandum of Understanding (MOU) in order to provide a rigorous and effective inspection system. They include An Garda Síochána, Bord Iascaigh Mhara, INIS, the Marine Survey Office of the Department of Tourism, Transport and Sport, the Naval Service, the Health and Safety Authority, the Revenue Commissioners, the Sea Fisheries Protection Authority, the Workplace Relations Commission (WRC) and the Department of Agriculture, Food and the Marine.
The WRC’s responsibilities relate to the enforcement of the Employment Permits Acts and employment rights legislation including minimum wage legislation. The Marine Survey Office in the Department of Tourism, Transport and Sport is responsible for enforcing legislation relating to the rest periods and maximum working time of seafarers and fishing vessel crews.
By the end of 2016, the Inspectorate and Enforcement Division of the Workplace Relations Commission (WRC) had inspected two-thirds of the fleet that comes within the aegis of the Atypical Worker Permission Scheme and the remainder will be inspected by Summer of this year. Case files relating to all vessels will remain open until such time as WRC inspectors are satisfied that compliance has been achieved.
- 157 contraventions were detected in 2016 including
- 28 instances of illegal workers
- 58 records contraventions
- 12 contraventions of the Atypical Scheme
- 59 other employment rights contraventions
2 prosecutions have to date been initiated. The WRC's objective is to facilitate voluntary compliance insofar as contraventions notified are concerned. In this regard, Employers/Vessel Owners are afforded all reasonable opportunity to rectify contraventions and, where relevant, pay any unpaid wages and/or make good on entitlements arising from these contraventions. However, it is the policy of the WRC to issue Compliance Notices or Fixed Payment Notices and/or to initiate legal proceedings in cases where an Employer/Vessel Owner has failed or is unwilling to effect compliance.
The WRC informs me that it is committed to engaging with all stakeholders, including employee/fisher and employer/vessel owner representatives, with a view to facilitating awareness, and effective enforcement, of employment rights legislation.
The Health and Safety Authority (HSA), as part of its broader national remit also undertakes inspections of fishing vessels as these are defined as workplaces under health and safety legislation. In 2016 the HSA carried out 23 inspections of fishing vessels under the Safety, Health and Welfare at Work Act 2005. Planned actions in the HSA's Programme of Work for 2017 include 50 inspections of fishing vessels and continued support for the memorandum of understanding agreed by relevant state enforcement bodies to provide an effective inspection system for the sector.
