Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Deputy for the question. The WRC is one of a number of agencies that contribute to the enforcement of the atypical workers commission scheme for non-EEA fisheries workers employed in certain Irish-registered fishing vessels. The commission has a particular responsibility for checking compliance insofar as terms of employment, permission to work, payment of wages, annual leave, public holidays, and the national minimum wage entitlements are concerned.

Where contraventions are detected, WRC inspectors will engage with the vessel owner to achieve compliance and, where relevant, secure any associated unpaid wages. Prosecutions are, in general, initiated in all cases where non-EEA fishers are employed without an atypical worker permission or without another valid permission to work and where owners have failed to address contraventions following the issue of a contravention notice.

Some 490 inspections of fishing vessels have been undertaken by WRC inspectors between the launch of the scheme in February 2016 to the end of September this year. The vast majority of fishery inspections are unannounced and are undertaken in port. In addition to ongoing inspection and compliance activities, there have been eight specific target operations to date, the latest of which, Operation Palace, took place in September this year and involved 30 inspections. A total of 20 prosecutions have been brought against fishing vessel owners regarding offences under employment legislation, of which 16 have concluded and four are currently pending and awaiting a final hearing.

The memorandum of understanding on the monitoring and enforcement of the atypical worker permission scheme, which was signed by 11 Departments and agencies in May 2016, provides, among other matters, for the further co-ordination, co-operation and information exchange between the parties. The memorandum does not make specific provision in respect of the WRC notifying other parties of contraventions of employment legislation. However, details of convictions are published in the commission's annual report. In addition, in accordance with an agreement reached with the Department of Transport in April 2019, the WRC informs that Department's marine survey office of any contraventions or potential contraventions of fishery working time legislation. I am aware that this matter was raised on 20 October at a meeting of the Joint Committee on Enterprise, Trade and Employment regarding the capacity and resourcing of the WRC and its work in addressing issues relating to migrant workers. I am also aware that the director general of the commission gave a commitment to the committee to inform the Department of Justice, which administers the scheme, as soon as convictions against fishing vessels' owners are secured. I am advised by the director general that a schedule of such convictions was forwarded to the Department of Justice on 21 October and that arrangements are in place to inform the Department of further convictions as they arise. I would agree with that approach.

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