Dáil debates

Wednesday, 7 February 2018

Other Questions

Workplace Relations Commission

11:30 am

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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37. To ask the Minister for Jobs, Enterprise and Innovation if she will direct the Workplace Relations Commission to devote more resources to carrying out inspections on fishing vessels (details supplied); and if she will make a statement on the matter. [6016/18]

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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39. To ask the Minister for Jobs, Enterprise and Innovation if inspectors at the Workplace Relations Commission have the training they need to carry out inspections on fishing vessels; and if she will make a statement on the matter. [2054/18]

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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Do the WRC inspectors have the training they need to carry out inspections on fishing vessels? I ask the Minister to make a statement on the matter.

11:40 am

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 37 and 39 together.

I thank the Deputy for raising this issue, which I am addressing on behalf of the Minister of State, Deputy Breen, who is out of the country. Lead policy responsibility for the fishing sector rests with the Minister for Agriculture, Food and the Marine. While the Workplace Relations Commission, WRC, and the Health and Safety Authority, HSA, are under the remit of my Department, they are independent in the conduct of their statutory functions. The WRC's responsibilities relate to the enforcement of the Employment Permits Acts and employment rights legislation generally, including minimum wage legislation.

By the end of 2017, 95% of the target fleet had been inspected. The HSA is the enforcement agency under the Safety, Health and Welfare at Work Act 2005 and conducts inspections under health and safety regulations at all places of work, including fishing vessels while docked in harbour. It does not carry out inspections of fishing vessels at sea even when operating in Irish territorial waters.

The Marine Survey Office, under the aegis of the Department of Transport, Tourism and Sport, has lead responsibility for fishing vessel safety, security and living and working conditions for the crew on board seagoing vessels. It is responsible for enforcing legislation in this context for seafarers and fishing vessel crew.

Regarding the recent unfortunate accident involving a non-EEA national on a fishing vessel, it is my understanding that the HSA is conducting an investigation into the circumstances in line with its remit under workplace health and safety legislation.

On the separate issue raised by the Deputy of adequate training for WRC inspectors to carry out inspections on fishing vessels, nine inspectors as well as a regional manager of the WRC completed comprehensive training in this regard. It was delivered by Bord Iascaigh Mhara on safety at sea and sea survival techniques, including firefighting and first aid. This training was a prerequisite for the deployment of WRC inspectors to onboard inspections and operations at ports and landing places because the WRC, like the HSA, does not undertake inspections at sea.

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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If the Minister will excuse a poor pun, there seems to be something a little bit fishy here. Nine WRC inspectors have received training, but the following are facts. One organiser with the International Transport Workers Federation, ITF, which is a trade union-based organisation that has one organiser, has detected 202 contraventions in the wake of the scandal unearthed by The Guardianabout the treatment of non-EU migrant fishers, yet nine WRC inspectors have only issued 112 contravention notices between them. That is only slightly more than half. These figures do not add up. Something is wrong, and the Minister might be able to locate for me in her reply what the problem might be.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Of the fleet, 95% - 165 vessels - has been inspected. This entailed 239 inspections. There are 181 whitefish vessels of over 15 m in length, but only 174 of these are operational. On this basis, 95% of the target fleet had been inspected by the end of 2017. The objective of WRC inspections is to determine compliance with a range of employment rights, entitlements and obligations, including those relating to minimum wage rates, the payment of wages, employment records and terms of employment, as well as to work with employers in order to address compliance issues, including the payment of unpaid wages arising from contraventions. The enforcement of hours of work and rest requirements in the fishing industry is undertaken by authorised officers of the Department of Transport, Tourism and Sport. WRC inspectors enforce the Employment Permits Acts and, in the fishing industry, the atypical working permission scheme, which regulates and controls the employment of non-EEA nationals within the State.

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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The Minister made my argument for me. I do not know whether she is aware that the majority of the 95% of inspections-----

(Interruptions).

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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-----were carried out - if I could have a bit of quiet on my left - on foot of abuses reported by the ITF, as opposed to WRC inspectors. Unlike in other jurisdictions, however, union people have been frozen out of the follow-up process. The record of the WRC inspectorate in bringing successful prosecutions has been poor. There has only been one successful prosecution in an industry where, as the world and its wife know, abuses are rife. The €6,300 in unpaid wages that has been recouped for workers cheated out of their pay is a tiny fraction of the reality.

In July, the WRC told the Oireachtas joint committee that it was reducing the numbers devoted to the fishing industry. Has that happened? Given the scale of the instances mentioned, does the Minister see the case for a dedicated and trained inspectorate, not just for fishing, but for all maritime cases that arise?

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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To reiterate, 95% of the fleet has been inspected and good work has been done. The WRC acts independently of my office. There are processes for employees to report situations to the WRC, which will be followed up on and checked.