Mick Barry (Cork North Central, Solidarity)
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37. To ask the Minister for Jobs, Enterprise and Innovation the reason the Workplace Relations Commission labour inspectorate is seeking legal advice on the implementation of the atypical worker permit scheme for migrants working on Irish fishing vessels; and if she will make a statement on the matter. [12375/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Arising from the recommendations of the Task Force on allegations regarding treatment of workers on Irish fishing trawlers, an atypical work permission scheme was introduced for non-EEA fishermen working on Irish fishing vessels.

The scheme is administered by the Department of Justice and Equality and the Irish National Immigration Service (INIS) on behalf of the Department of Agriculture, Food and the Marine. A number of agencies and organisations are involved in the monitoring and enforcement of the scheme and have signed up to a Memorandum of Understanding (MOU) in order to provide a rigorous and effective inspection system. They include An Garda Síochána, Bord Iascaigh Mhara, INIS, the Naval Service, the Revenue Commissioners, the Sea Fisheries Protection Authority, my Department, including the Workplace Relations Commission and the Health and Safety Authority, the Department of Agriculture, Food and the Marine and, with a number of exclusions, the Marine Survey Office of the Department of Transport, Tourism and Sport.

The WRC is an independent statutory body set up by the Workplace Relations Act 2015 and the Labour Inspectorate Division of the WRC has responsibilities that relate to the enforcement of the Employment Permits Acts and employment rights legislation. I, as Minister, have no function in the day to day operations of the WRC and while the WRC may seek external legal opinion on operational matters from time to time I am not privy to these matters.

Notwithstanding this, I am informed that in relation to the atypical work permission scheme, no legal advice has been sought by the WRC.