David Stanton (Cork East, Fine Gael)
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120. To ask the Tánaiste and Minister for Justice and Equality if stamp 1 permissions obtained by non-EEA fishermen employed under the atypical work scheme are eligible for transfer to stamp 4 permissions after a five-year period; if such permissions under the scheme are also reckonable towards naturalisation requirements; if not, if her Department plans to amend the criteria for stamp 4 permission and naturalisation to ensure that those employed under the scheme are eligible; and if she will make a statement on the matter. [30028/21]

David Stanton (Cork East, Fine Gael)
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I am glad the Minister of State, Deputy James Browne, is here because being from Wexford, he will understand the import of the question. It relates to the pressure the fishing industry is under at present and the difficulty of getting suitable fishers to work on boats at sea. The atypical working scheme has been in operation for a number of years and it is possibly time to re-examine and re-evaluate it. I look forward to the Minister of State's response.

James Browne (Wexford, Fianna Fail)
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I thank Deputy Stanton for raising this important matter. As the Deputy is aware, the atypical working scheme was established as a cross-departmental response to address the matter of non-European Economic Area, EEA, workers on certain categories of vessels in the Irish fishing fleet who are not currently eligible for permission under the Department of Enterprise, Trade and Employment's employment permit system. The scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet. The scheme was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the scheme.

The scheme commenced in February 2016 and was initially only open to non-EEA crew members who were already working in the fishing industry in Ireland. From July of that year, all non-EEA workers came under the remit of the programme and the atypical worker permission, which is stamp 1 with conditions from my Department and a visa clearance, if applicable, prior to entering the State applies to these people. The scheme also provides for the annual renewal of the permission granted and permits the employee to transfer employment within the sector. However, the permission granted is not transferable to any other employment sector within the State.

Holders of atypical working scheme permits do not meet the eligibility criteria for conversion to a stamp 4 permission under the long-term residency administrative scheme operated by my Department. Eligibility for long-term residency is restricted to holders of an employment permit from the Department of Enterprise, Trade and Employment. It is open to the fishing industry to apply for inclusion in the Department's employment permit scheme and I understand that my colleague, the Minister of State, Deputy English, advised them of this at a meeting with industry representatives last week. Inclusion in the employment permit system would secure stamp 4 status.

Holders of atypical working permits can make an application for a certificate of naturalisation once they meet the residency criteria of five years legal residence in the State. The stamp 1 permission granted to sea fishers under the terms of the atypical scheme is considered reckonable residence for the purpose of making an application for naturalisation.

David Stanton (Cork East, Fine Gael)
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I thank the Minister of State for his very positive response and for the information provided with respect to the work being undertaken by the Minister of State at the Department of Enterprise, Trade and Employment, Deputy English. The scheme has been in operation since 2016, over five years ago and there are people who have been here for that period of time because the permit can roll over continuously. In that context, would the Minister of State consider examining the circumstances of those people and changing the criteria so that they could transfer to a stamp 4 permit, having been here for over five years continuously? They have made Ireland their home now. This would also help the fishing industry because there would be more certainty. In the meantime, I would encourage the Minister of State to support the work of the Minister of State at the Department of Enterprise, Trade and Employment, Deputy English, because that would certainly help.

Have any of the people on the atypical work scheme applied for naturalisation or citizenship?

James Browne (Wexford, Fianna Fail)
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Again, I thank Deputy Stanton for raising this important matter. I do not have figures on how many, if any, scheme participants have applied for naturalisation but will endeavour to get them for the Deputy. It is important that we make those people aware that they can apply for naturalisation and that the period under a stamp 1 permit is reckonable, which they may not know. I will engage with the Minister of State, Deputy English, on this matter to see what, if any, solutions can be found. As I said, without a working permit, it will not be possible for people to move onto a stamp 4 permit but I will engage with the Minister of State on that and raise Deputy Stanton's concerns with him.

David Stanton (Cork East, Fine Gael)
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Again, I thank the Minister of State for his very positive response. I am very encouraged by it. I ask the Minister of State to let me know at some point how many people have been here under the atypical work scheme for two, three, four and five years and how many have been here for the full five years. It would be helpful if we could assist those people to get a stamp 4 permit. I am really happy to learn that they can apply for citizenship which is something many of them do not know. Would the Minister of State be open to meeting industry representatives to discuss these matters?

James Browne (Wexford, Fianna Fail)
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I have no difficulty with meeting representatives of the industry. Indeed, I am quite happy to do so. As I said, I will engage with the Minister of State, Deputy English, on the matter. I do not have the figures the Deputy is seeking but I will get them for him as soon as possible. I am very much aware of the issues involved here and perhaps, in conjunction with the Department of Agriculture, Food and the Marine which also has an interest in this area, we can find a way to raise awareness among scheme participants that their period is reckonable for naturalisation, which is important.