Tommy Broughan (Dublin Bay North, Independent)
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15. To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question Nos 86 to 90, inclusive, of 28 June 2017, if the Workplace Relations Commission has completed the investigation; if so, the results of same; and if she will make a statement on the matter. [42766/17]

Pat Breen (Clare, Fine Gael)
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In response to parliamentary questions asked by the deputy on 28 June 2017, I passed the information provided by the deputy at that time to the Workplace Relations Commission (WRC) for further investigation.  The Inspection and Enforcement Services of the WRC monitor employment conditions to ensure compliance with and, where necessary, the enforcement of employment rights legislation in Ireland. This includes redress for the employees concerned and payment of any unpaid wages arising from breaches of employment rights.

The deputy’s concern arose from reports that seafarers working within Irish waters were being paid below the minimum wage.  The names of three specific companies were provided and I undertook to have this information investigated further through the offices of the WRC. 

At my request, the WRC has carried out further enquiries into the issue raised by the deputy in relation to the three companies identified.   The Mercantile Marine Office under the aegis of the Department of Transport Tourism & Sport maintains a general Register of Shipping in Ireland.  This indicates that none of the companies identified have ships that are registered in Ireland. 

As the vessels operated by these companies are not Irish flagged ships, the corpus of Irish employment legislation does not apply to them and therefore, the companies are not subject to inspection by the WRC. Conversely, Irish flagged vessels operating abroad are subject to Irish employment rights legislation, including payment of the National Minimum Wage.

I should point out to the deputy that primary responsibility for maritime policy and legislation underpinning that policy resides with my colleague Mr. Shane Ross, TD, Minister for Transport and Sport.  I understand that, as a general rule the flag state (i.e. the state where the ship is registered) has the exclusive right to exercise jurisdiction over its ships on the high seas. In accordance with international maritime law and practice, enforcement of terms and conditions of employment are a matter for the flag State.

I understand also that non-Irish flagged vessels may be subject to port state control inspections by the Marine Survey Office for compliance in relation to relevant international conventions when they are in a port in the State. This includes the International Labour Organisation's (ILO) Maritime Labour Convention. However, this does not include issues in relation to wages which are a matter for the relevant flag state to enforce.