Gerald Nash (Labour) | Oireachtas source

Yes. Only two fishermen out of 42 had permits just one year after the introduction of the permits scheme. I would like to see the whites of the eyes of some of the employers involved. In late 2015 and early 2016, I personally had to drag people to sign a memorandum of understanding that would enforce the employment rights of this scheme. There was a problem, there is a problem and there continues to be a problem with certain agencies. They have adopted a dog in a manger attitude in terms of the operation of this scheme. In some respects they have exploited and abused people who have chosen to work in this country in difficult circumstances and in good faith. I have no difficulty referencing the particular agency that took a repugnant attitude to the scheme from the start . The Marine Survey Office took a very territorial and proprietorial attitude to its responsibilities. I found it difficult to get the office to sign the memorandum of understanding in the first place. If it wants to discuss the matter, then I want to see it happen and we can discuss ways to improve the scheme.

As Mr. Fleming and others have acknowledged, the scheme was developed in good faith. In response to an exposé published in The Guardian the Government at the time moved quickly to introduce a scheme that would bestow and apply employment rights to those who worked in this country. I remind committee members that those who worked in the State until then were undocumented, by and large, and worked illegally as share fishermen. The motivation was to grant employment rights to these individuals in order that they could benefit from legislation such as the National Minimum Wage Act, and the Workplace Relations Commission must ensure those rights are vindicated. It was very clear to me that the scheme was not being enforced when only two fishermen had permits out of the 42 fishermen who met me in a hotel room in Drogheda.

Politically the scheme was designed to solve an egregious problem in the fishing industry and in our society in general. Clearly, the lack of enforcement is an issue. I have raised in the Seanad, and through various media platforms with Mr. Fleming in recent times, the need to review the scheme and for someone to take political responsibility for the scheme. It is a political hot potato. We are talking about migrant workers who are often abused and exploited. The problem is there are no votes in it but resolving the matter is the right thing to do. People are working here in good faith, but in many cases they are being abused and exploited and endure difficult circumstances. The scheme needs to be reviewed. I stand over the fact the scheme was designed with the best will in the world to introduce employment rights for people who are availing of a new permit scheme. Sadly, the scheme is only good if agencies are prepared to enforce it, which has not been the case to date. It would be useful to invite the agencies to attend here as it would allow us to get an holistic view of the problem and develop a route map that would resolve the issues with the scheme.

The Irish fishing industry depends on skilled non-EEA labour. The industry must acknowledge that systems of pay and protection must be respected and introduced. Mr. Fleming and I have discussed these matters. We share the view that the industry needs a collective bargaining agreement or a sectoral employment order to govern pay, terms and conditions. If the present situation continues, I envisage that the reputation of the Irish fishing fleet will be permanently damaged, which would have an impact on the supply chain and the market. The Irish fishing industry markets itself as sustainable. What about sustainable employment? We need to reflect deeply on the matter. There are some very good employers in the industry. I know them and members know them because we have dealt with them. People who circumvent the law queer the pitch for compliant and decent employers. These employers work hard, run their businesses properly and look after their staff in compliance with the law. Unfortunately, a number of individuals do not. We must deal with them and this State must take responsibility for doing so.