Written answers

Tuesday, 15 June 2021

Department of Enterprise, Trade and Employment

Workplace Relations Commission

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

153. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Tipperary. [31135/21]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

Every breach is followed up on by the WRC and appropriate action taken to ensure workers’ rights are protected.

Table 1 sets out the breakdown of breaches by sector and type in County Tipperary for 2019 and 2020.

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
Link to this: Individually | In context | Oireachtas source

154. To ask the Minister for Enterprise, Trade and Employment the number of unannounced inspections by the Workplace Relations Commission of fishing vessels eligible for the atypical work permit scheme for non-EEA fishers that have taken place in the past 12 months; the number of instances of non-compliance that were detected on these inspections; the categories of non-compliance that were detected; the consequences for the vessel owners; and if he will make a statement on the matter. [31188/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) contributes to multi-agency efforts to enforce the Atypical Worker Permission Scheme for Non-EEA Workers engaged on certain Irish-registered whitefish fishing vessels which was introduced by the Department of Justice and Equality in February, 2016 . Some 180 fishing vessels come within the scope of that Scheme.

Arising from the Covid-19 pandemic and in line with the Health Services Executive (HSE) and Government advice regarding non-essential services at the time, on-site employment-rights related inspection activity by WRC inspectors was suspended for a period with effect from 13 March, 2020. From early-June 2020, in addition to their statutory functions, all WRC Inspectors have been deployed in support of the Health and Safety Authority in ensuring that Covid-19 Return to Work Safety Protocols are being observed in specified sectors. To the period June 2020 to end May this year WRC inspectors completed almost 6,800 such Covid-19 visits which were carried out alongside the WRC broader remit. All such visits and inspections must be carried out in a manner that does not place the WRC staff or the management and/or employees at hazard in the context of Covid-19.

Where on-site inspection activity was not advisable in current circumstances, the WRC undertook remote inspections of employment law compliance across all sectors in 2020 and to date this year by means of interviews with employers and employees by way voice or video call and examination of records and documentation made available to the WRC through a secure share file facility. In terms of fisher activity, some 36 inspections which included one on-board inspection were completed in the fisheries sector in the 12-month period 1stJune 2020 to 31stMay 2021, covering some 40 vessels coming within the scope of the Atypical Scheme. Some 454 fisheries inspections have now been undertaken by WRC Inspectors since the introduction of the Atypical Scheme.

43 contraventions of employment rights or employment permits legislation were detected in the fisheries sector in the 12-month period to 31stMay, 2021. This brings to 323 the number of contraventions detected by WRC Inspectors since the introduction of the Atypical Scheme. These 43 contraventions can be categorised as follows:

- Failure to grant Annual Leave and Public Holiday entitlements (11)

- Unauthorised deductions from wages (3)

- Failure to cooperate and/or comply with a lawful direction (9)

- Failure to pay the National Minimum Hourly rate of pay (3)

- Employment of fishers without permission (5)

- Contraventions of Atypical Worker Scheme (3)

- Contraventions of Working Time Regulations (referred to Department of Transport) (8)

- Contravention of safety training regulations (referred to Department of Transport) (1)

Fishing vessel owners who do not effect compliance on a voluntary basis, following the issue of a Contravention Notice, will, depending on the legislation involved, be issued with a Compliance Notice or Fixed Payment Notice or face prosecution. Current policy provides for the initiation of prosecution proceedings in relation to the offence of employing a non-EEA national without a valid permission to work.

54 fisheries investigations/cases were closed during the 12-month period to end May 2021. Currently, there are open investigations in a further 51 cases, in 7 of which legal proceedings have been issued while Contravention Notices have issued in 11 cases. Investigations are on-going in the remaining 36 cases.

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
Link to this: Individually | In context | Oireachtas source

155. To ask the Minister for Enterprise, Trade and Employment the progress the Workplace Relations Commission has made into its enquiries regarding the report made to it by an organisation (details supplied) regarding the employment of three Egyptian nationals outside the terms of the atypical work permit scheme for non-EEA fishers on the FV Ellie Adhamh; and if he will make a statement on the matter. [31189/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

At the outset I should emphasise that the Workplace Relations Commission inspectorate service is independent in its functions and does not comment on any ongoing investigations.

I understand that the Workplace Relations Commission (WRC) received a communication on 18th April this year from this organisation concerning two Egyptian nationals who survived the sinking of this fishing vessel and a third Egyptian national, who, it was claimed, was also employed on, but was not on board, that vessel when it sunk. The organisation claimed that these three fishers were undocumented and did not have the required permission to work under the Atypical Worker Permission Scheme for fishers.

I understand that the Department of Justice has confirmed that two of the three fishers hold a Stamp 1 permission.

The WRC has advised that it is following up on any issues raised in the organisation’s communication which fall within the Commission’s areas of responsibility and the organisation concerned will be informed of the outcome as complainant.

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

156. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Louth. [31201/21]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

Every breach is followed up on by the WRC and appropriate action taken to ensure workers’ rights are protected.

Table 1 sets out the breakdown of breaches by sector and type in County Louth for 2019 and 2020.

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

157. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Meath. [31202/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

Table 1 sets out the breakdown of breaches by sector and type in County Meath for 2019 and 2020.

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

158. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 2 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Kerry. [31203/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

Table 1 sets out the breakdown of breaches by sector and type in County Kerry for 2019 and 2020.

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
Link to this: Individually | In context | Oireachtas source

159. To ask the Minister for Enterprise, Trade and Employment the status of the Workplace Relations Commission investigation into the employment of four persons (details supplied) outside the terms of the atypical work permit scheme for non-EEA migrants; and if he will make a statement on the matter. [31227/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

At the outset I should emphasise that the Workplace Relations Commission inspectorate service is independent in its functions and does not comment on any ongoing investigations.

However, I can confirm that my Department had received a referral on 10thMay, 2018 from the International Transport Workers Federation (ITWF) requesting the initiation of civil proceedings against the employers of these fishers in order to recover monies due to these fishers arising from their employment between 29thJanuary 2018 and 10thApril, 2018.

On 29thJune, 2018 my Department requested the Workplace Relations Commission to establish the facts in relation to four Ghanaian fishers, alleged to have been the victims of human trafficking while working in Ireland on UK and Irish registered fishing vessels. The Workplace Relations Commission submitted its report on the facts in this case to my Department in September 2020.

This report was compiled following work by the Workplace Relations Commission involving interviews with the crew members, liaison with the ITWF and the National Fisheries Monitoring Centre and communications with certain fishing vessel owners. No civil proceedings are in train.

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

160. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the WRC investigations in relation to the list of employment law breaches for County Clare. [31236/21]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

Every breach is followed up on by the WRC and appropriate action taken to ensure workers’ rights are protected.

Table 1 sets out the breakdown of breaches by sector and type in County Clare for 2019 and 2020.

">Table

Comments

No comments

Log in or join to post a public comment.