Joe Higgins (Dublin West, Socialist Party)
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122. To ask the Minister for Jobs, Enterprise and Innovation his views on the response of the International Transport Federation (details supplied) to the Marine Casualty Investigation Board report into the sinking of the Tit Bonhomme and specifically the proposal made to his Department that persons working illegally in the fishing trade in hazardous conditions be allowed a period of reflection during which they may approach the authorities for protection without fear of deportation. [18361/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The sinking of the Tit Bonhomme and the subsequent tragic loss of life is of deep concern to my Department. One of the key objectives of my Department is that of ensuring the protection of employment rights and worker health and safety. This objective is shared across a number of other Government Departments at a sectoral level.

In the case of the Tit Bonhomme, I welcome the response of the lead Department in this instance, the Department of Transport, Tourism & Sport, to the Marine Casualty Investigation Board (MCIB) report into the sinking of the Tit Bonhomme. That Department is in the process of implementing all of the safety recommendations in the MCIB report. I note in particular, the intent to enforce the European Community (Workers on board sea-going fishing Vessels) (Organisation of Working Time) Regulations, 2003 (S.I.709 of 2003). This along with the implementation of the other recommendations will greatly assist in encouraging a strong safety culture at sea.

My Department's remit in this respect is generally limited to cases where there is an employer – employee relationship. Fishermen very often work on a profit sharing basis and as such are not deemed to be employees. I am aware of the contention that there are illegal workers operating in the industry. In terms of employees working illegally, this can arise where there is an employer-employee relationship and where the employee requires, but does not hold, an employment permit, or where an employee has not been granted permission to reside in the State by my colleague, the Minister for Justice and Equality.

In this respect, my colleague the Minister for Justice and Equality informs me that from an immigration perspective all non-EEA national migrants, whether working or not, must have the appropriate permission to be in the State. While there may be atypical elements to the situation where the person spends much of their time at sea, the general principle still applies. The Minister further points out that because a person may elect not to abide by the rules does not imply that the onus is on the State to regularise - far from it. However, any migrant who is in the State in breach of immigration laws may apply to the immigration authorities for permission to be in the State and would be strongly advised to do so. Such applications would have to be considered on their individual merits rather than as a class but it can never be to the non-EEA national's advantage to endure exploitative working conditions for fear of possible deportation.

My Department wishes to satisfy itself that it is fulfilling its functions where they may relate to the issue of worker safety at sea and the enforcement of employment rights. In the case of my Department, while its remit in this respect is limited to cases where there are employer – employee relationships there may be potential for my Department to contribute to the overall response. Therefore, I will be writing to my colleagues the Minister for Transport, Tourism and Sport, the Minister for Agriculture, Food and the Marine, and the Minister for Justice and Equality offering my Department’s support and assistance in any cross Government process whereby the State seeks to apply better regulation to this sector for the benefit of those who work within it.