Oireachtas Joint and Select Committees

Thursday, 21 September 2017

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Atypical Work Permit Scheme: Discussion (Resumed)

2:00 pm

Mr. Patrick Murphy:

I thank the committee for inviting us to speak on such an important issue for the fishing industry. I am the CEO of the Irish South & West Fish Producers Organisation. The organisation is based in Castletownbere, County Cork, and represents the greatest number of fishing vessels in Ireland's fishing fleet. Our membership comprises fishermen who operate in every segment of Ireland's fishing industry with vessels that range in length between 9 m and 27 m. Our members utilise every type of fishing method - inshore and offshore - along the south and west coast of Ireland.

I come from a fishing background. My family has a proud tradition of earning a living from coastal waters. I have been told that I come from many generations of fishermen and I hope my son follows in my footsteps. The fishing industry is very dear to my heart. I have a young family who are interested in the sea but I fear for the future of the industry. I fear that future employment in the fishing industry for our young people will not be an option. My fear is based on the Government's current proposal to reduce the Irish fishing fleet in the 12 m to 24 m sector by up to 50 vessels. I fear that the three proposals put forward to address the matter will mean the end of many of our rural communities that depend on the coastal fishing boats, and the end of an era for many thousands of families who live along our coastline.

Ireland’s natural resource-based seafood industry provides an important source of economic activity in remote coastal regions. It provides jobs on fishing vessels, fish farms, in processing operations and in the distribution and marketing of seafood at home and to export markets abroad. Jobs are also provided in a large number of smaller ancillary companies that provide services to the mainstream industry operators such as net makers, etc.

The industry contributes approximately €700 million annually to the national income and employs an estimated 11,000 people, mainly in the coastal communities of Donegal and Louth. It is the duty of fishermen's representatives to ensure the future viability of this industry for all those who currently work in it. Fishing, as practised on the seas around our coastline, is not comparable with any other industry that is based on land. One must take account of the many different fishing methods that are used by the skippers and masters of fishing vessels. They have sole responsibility for the safety and well-being of their crews and vessels. Everyone must understand that fishing involves a dangerous and unpredictable working environment.

I shall address the topic that has caused much anguish in the industry to date. A sizeable number of our members who own fishing vessels under 15 m in length have been in touch with us. They have asked us to convey the message that they cannot contract available qualified non-EEA crew to go to sea due to the fact that the scheme only relates to vessels over 15 m in length. Also, they are seriously disadvantaged in their ability to hire qualified crew for their licensed fishing vessels.

We have been made aware that fishing vessels occasionally have no choice but to go to sea with one or two fewer crew members than would be preferred. If this is allowed to continue it could turn in to a health and safety issue as reduced crew numbers mean longer working hours for those on board. We respectfully request that the committee reconsider the parameters under which the atypical scheme is administered and possibly recommend that vessels under 15 m be included in it. We have circulated a petition among our membership and other boats in our area and have collected 50 signed petitions from the crew of vessels who say they would like to see that happen. That took place in the past couple of weeks and is ongoing.

The 2015 Government task force report said that the scheme was to allow for the structured and transparent employment of non-EEA workers within a defined framework in the Irish fishing fleet. It did not mention vessel size. In making its recommendations the task force was focused on practical arrangements which would enable the risks of exploitation to be minimised while ensuring reputable employers are able to recruit trained and experienced crew members. Ireland’s whitefish sector will benefit from the implementation of the main recommendations of the report. Allegations made last year in certain quarters and reported in the mainstream media gave the perception that the task force had failed in that objective. However, operations to follow up on the allegations were carried out in several fishing ports by many of the agencies involved in the task force, assisted by armed gardaí, the Navy and the Garda dog unit at what I assume was no small cost to the State but none of the alleged 2,000 illegal trafficked non-EU workers were found.

The 2015 report also noted that crew members on fishing vessels are traditionally share fishermen, meaning they receive a share of the proceeds of the vessel’s catch rather than a regular wage. In the 1980s skippers and vessel owners brought a High Court challenge which resulted in the crewmen in that case who were share fishermen being re-classified as self-employed rather than employees.

The crew of a fishing boat operate like a family who work together as a unit and share the workload to achieve one purpose, which is to leave the safety of the harbour to face the elements and spend days and nights at sea as hunter-gatherers and catch a valuable and important part of society's diet. In a world with a rapidly increasing population, food security is becoming more and more important.

Anything that adds risk or uncertainty to the changing of fishing operations should be considered very carefully. However, only one consultation was held with fishing industry experts prior to the atypical scheme. It would have been preferable if the industry had been fully included in its drafting. There is a consensus among fishermen with whom I have spoken that the complexities of how vessels operates and how operators often have to change a plan of operation in a moment is not understood or taken into consideration. When the weather or the catch of fish changes, a skipper has to respond and he or she puts the safety of his or her crew and boat as a priority in this unpredictable industry. In the farming sector one has to harvest crops based on weather conditions and long hours are put in, often even overnight. It is a mistake to imply that the fishing industry is unique. Weather conditions also affect the time it takes to shoot, haul and process the catch. For example, for safety reasons a net must be taken on board and not left on the outside of the boat because it could foul the boat's propeller with serious danger to the crew and vessel. The quality of fish also depends on the speed at which the crew process the haul. The crew cannot leave the deck and leave fish from a haul and come back to it later because, for food quality and safety reasons, it needs to be processed in as short a time as possible. Depending on the amount of haul in the boat there could be an extension of the duration for which the crew are expected to work. No responsible skipper or master will put the well-being of his or her crew at risk but in the environment in which he or she operates decisions are occasionally made that breach the working time regulations but nevertheless must be made for the safety of the vessel and its crew.

We advocate that legislators be informed of the complexities of this industry. It is not the same as a factory environment because it is an unpredictable hunter-gatherer industry that rewards skill, experience and those who endeavour to make their living in the face of the risk of facing the elements. I thank the committee for listening to my address and hope to answer any questions members may have.

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