Brendan Howlin (Wexford, Labour)
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Question 129: To ask the Minister for Enterprise, Trade and Employment if he has taken steps to ensure that seafarers operating from Irish ports are paid the minimum wage and enjoy the benefits of working time and holiday legislation; if he has had discussions with EU colleagues to ensure that re-registering of vessels in non-EU countries does not deprive workers of the enjoyment of labour legislation in the port countries; and if he will make a statement on the matter. [12081/05]

Tony Killeen (Clare, Fianna Fail)
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Labour inspectors are empowered to enter any premises in the State where an employee is employed, or the work that an employee is employed to do is directed and controlled, for the purpose of ensuring compliance with the National Minimum Wage Act 2000. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.

Alternatively, if a seafarer is not satisfied that he or she is being paid his or her statutory minimum entitlement under the National Minimum Wage Act 2000, he or she could refer the matter to a rights commissioner. A decision of a rights commissioner under the 2000 Act may include an award of arrears of pay owing to the seafarer under the 2000 Act and his or her reasonable expenses in bringing the case against the employer.

As regards the working time of seafarers, this is regulated by SI 532 of 2003 entitled European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003. Under these regulations, which are administered by the Department of Communications, Marine and Natural Resources, the working time of seafarers can be enforced by authorised officers who, in carrying out their work, have the power to board ships registered in and outside the State. In so far as holiday legislation is concerned, seafarers who are not given their statutory entitlement to annual leave and public holidays by their employer under the Organisation of Working Time Act 1997 are entitled to refer the matter to a rights commissioner for redress. The rights commissioner is empowered under the 1997 Act to require the employer to comply with any of the provisions of the 1997 Act that have been breached and to award compensation to the employee up to a limit of two years remuneration of the employee.

The question of the re-registering of vessels in non-EU countries is a matter for my colleague, the Minister for Communications, Marine and Natural Resources.