Written answers

Tuesday, 26 January 2016

Department of Agriculture, Food and the Marine

Employment Rights

Photo of Clare DalyClare Daly (Dublin North, United Left)
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252. To ask the Minister for Agriculture, Food and the Marine if there are any matters which he is aware of but on which he has not taken action, given that his Department was aware of issues regarding migrant workers in the fishing industry, as far back as 2010, but did not take any action until it became public knowledge as a result of an article in the British newspaper The Guardian in 2015; and if he will make a statement on the matter. [3273/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Immediately following the publication of claims of possible exploitation of undocumented migrant workers on Irish fishing trawlers in the Guardian newspaper, an interdepartmental task force was established by the Government to examine the specific issues identified in the newspaper report and to make recommendations on appropriate actions. The task force, which I chaired, was not intended as a comprehensive answer to all of the possible issues arising from the Guardian report, and while that report was specific to the fishing industry, efforts with regard to the wider issues across all sectors have been ongoing across a number of Departments and agencies for many years. For example, An Garda Síochána have included human trafficking as a high priority in their Annual Policing Plan for a number of years with a focus on prevention and detection. Equally, the Department of Transport, Tourism and Sport and the Health and Safety Authority have primary responsibility for inspection programmes regarding work and living conditions on board fishing vessels.

Reflecting the complexities of the issues raised and the existing work ongoing concerning migrant workers across a number of sectors, the task force consisted of high level representatives from the Department of Jobs, Enterprise and Innovation; Justice and Equality; Transport, Tourism and Sport; Agriculture, Food and the Marine; Social Protection; the Health and Safety Authority; the Attorney General’s Office; An Garda Síochána; BIM; the Naval Service and the Sea Fisheries Protection Authority.

The Task Force identified a specific issue in terms of non-EEA workers including those who may not currently be legally resident in the State, which required immediate action to minimise the potential for exploitation of such workers. In making its key recommendation for the introduction of an Atypical worker permission, the Task Force was of the view that the best way to ensure that abuses are minimised is to introduce specific arrangements which ensure that such workers are covered by the protections afforded to employees. T he establishment of a sector-specific Atypical Worker Permission system will provide a structured and transparent framework for the employment of non-EEA workers within defined segments of the Irish commercial sea-fishing fleet.

In making its recommendations, the task force was focussed on bringing forward practical arrangements which will enable the risks of exploitation to be minimised while ensuring that reputable employers are able to recruit trained and experienced crew members. The new scheme for migrant workers will also provide a mechanism to assist those currently in Ireland to enter a new employment relationship and these workers will be guaranteed all appropriate employment rights and protections during their period of employment.

The Atypical Working Scheme is administered by the Irish Naturalisation and Immigration Service of the Department of Justice and Equality. It is planned that the new arrangements for non-EEA workers in the Irish fishing industry will be operational very shortly.

Any allegations in relation to illegal activity or other wrongdoing within the fishing industry which are brought to my attention or that of my Department are sent to either the SFPA and/or An Garda Síochána, as appropriate, for investigation. Any policy and/or administrative issues arising will be dealt with as swiftly as possible as was the case with the allegations concerning migrant workers.

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