Tuesday, 10 December 2019
Department of Transport, Tourism and Sport
535. To ask the Minister for Transport, Tourism and Sport the reason Council Directive (EU) 2017/159 of 19 December 2016 implementing the agreement regarding the implementation of the Work in Fishing Convention 2007 of the International Labour Organization has not been transposed by Ireland by the deadline of 15 November 2019 as contained in Article 4 of the directive and as agreed in the settlement agreement reached between the State and a union (details supplied) on 3 April 2019; when regulations transposing the directive will be signed by him; and if he will make a statement on the matter. [51592/19]
536. To ask the Minister for Transport, Tourism and Sport his plans to make amendments to the European Communities (Workers on Board Sea-Going Fishing Vessels) (Organisation of Working Time) Regulations 2003, in particular regulation 6, to reflect accurately the terms of Article 21 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 regarding certain aspects of the organisation of working time as it relates to maximum hours or work and minimum hours of rest on sea-fishing vessels; and if he will make a statement on the matter. [51593/19]
I propose to take Questions Nos. 535 and 536 together.
Council Directive (EU) 2017/159 on the implementation of the social partners’ agreement on the Work in Fishing Convention aims to enhance the working and living conditions for fishers working in the fishing sector on vessels registered in an EU Member State. My Department is supportive of the objective of Council Directive (EU) 2017/159 and has been working on a package of regulations in order to transpose the Directive. Work is at an advanced stage and it is hoped that these regulations will be signed into law in the coming weeks.
With regard to organisation of working time, Article 11 of the Annex to Council Directive (EU) 2017/159 relates to the hours of work and hours of rest. Article 11.1(a) of the Directive states that Articles 3 to 6 inclusive, 8 and 21 of Directive 2003/88/EC shall not apply to fishermen covered under this Agreement. As such, the limits on fishers’ hours of work and rest, as set out in Article 11 are as follows:
Subject to the limit of an average of 48 hours of work a week over a reference period not exceeding 12 months, the limits on hours of work and rest in respect of a worker on board a sea-going fishing vessel shall be either:
- maximum hours of work which shall not exceed 14 hours in any 24-hour period, and 72 hours in any seven-day period; or
- minimum hours of rest which shall not be less than 10 hours in any 24-hour period, and 77 hours in any seven-day period
Draft regulations to reflect the provisions of the Council Directive are currently under legal review by the Office of the Parliamentary Counsel. However, it should be noted that the provisions relating to hours of work and rest are substantially the same as existing legislation in this area.