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. Francis O'Donnell:

The Irish Fish Producers Organisation, IFPO, welcomes the opportunity to present to the committee on issues regarding migrant workers in the Irish fishing industry. Much has been said in the print media and on the airwaves since The Guardian newspaper broke its story in November 2015 on alleged abuses of migrant workers in the Irish fishing industry. I stress that neither I nor the IFPO in any way condone the mistreatment of any employee, either Irish or non-EEA, within our industry or any other. The IFPO has been at the forefront in the national media to condemn any abuses of human rights of either Irish or non-Irish persons working in our industry. Like any industry, there may be those who are not committed to abiding by the law and we cannot and will not support that. However, very little of a positive nature has been said in the media about, for example, those in my organisation who are fully compliant with the atypical scheme for migrant workers and who are paying well above the minimum wage.

The IFPO does not support the employment of undocumented people on Irish fishing vessels which is why it has always pushed for a permit scheme. In 2008 the IFPO wrote to the Government to highlight the issue of undocumented workers. I wrote to the then Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, in October 2015 to ask for a meeting to address employment issues within the fishing industry and, in particular, that he consider a work permit for non-EU citizens. I released those documents to the media two years ago to clear up any misconceptions the public may have had on where we stood on this issue. It is important to point out that happened before The Guardianbroke its story or the Government set up the task force which ultimately resulted in the non-EEA scheme for migrant workers within the Irish fishing industry. Moreover, I wrote to the then Minister for Jobs, Enterprise and Innovation, Deputy Frances Fitzgerald, in January of this year to outline that the current scheme needed to be reviewed. In particular, I felt that a non-transferable permit put employees at risk and left them vulnerable. That letter has been given to the committee.

On 4 July 2017 the Migrant Rights Centre and the International Transport Workers' Federation presented to this committee in relation to migrant non-EEA workers in the Irish fishing industry. On foot of that I wrote to the committee asking that the fishing industry be allowed to give its account and clarify several important issues. Having viewed the footage of the committee meeting of 4 July I felt that the entire Irish fishing industry was painted as criminals involved in slavery. Much of the commentary was made under privilege.The suggestion that the Garda Síochána was tipping off fishing vessel owners prior to inspections or raids was of particular concern. That was an incredible suggestion and I can say with confidence that in my opinion it has never happened. It is a very serious allegation.

The committee was told that only 42 permits were applied for under the scheme. Dermot Conway, solicitor, who is sitting beside me, can confirm that his office alone has dealt with 135 individual applications. Other solicitors are processing similar applications. That does not include the numbers of renewals. The committee was told that there are 1,500 non-EEA fishermen in the country without a visa. As of 20 July 2017 the Workplace Relations Commission, WRC, had inspected 150 of the 176 whitefish vessels and none of the five resultant prosecutions relates to a crew member being on board without the necessary visa. If the Migrant Rights Centre and the International Transport Workers' Federation have evidence of the mistreatment of non-EEA workers in the Irish fishing industry they should hand that information to the WRC or the Garda Síochána. It is incredible to think that serious allegations of criminal activity which were alluded to on 4 July - not 3 July as I wrote in my presentation which was given to the committee - could be discussed at this committee and that those files, if they exist, have not been furnished to the relevant authorities.

I ask them to do so now in the interests of fairness to the employee, the employer, the WRC and An Garda Síochána. Not handing over this information would either suggest they are not doing their job, or that there is no such information to hand over. One way or the other, the accusations made are very damaging to the reputation of genuine fishermen and women and the wider fishing industry.

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