Mick Barry (Cork North Central, Solidarity)
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178. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 159 of 15 June 2021, the reason an organisation (details supplied) as the reporting organisation representing the four Ghanaian nationals and the four Ghanaian nationals themselves were not informed of his Department’s decision not to proceed with a civil case against their former employers; and if he will make a statement on the matter. [37342/21]

Mick Barry (Cork North Central, Solidarity)
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181. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 159 of 15 June 2021, the reason the investigation was not concluded within the two year limitation period imposed by section 2B(6) of the Employment Permits Act 2003; the reason neither the complainants nor the referring organisation were informed of the decision not to initiate civil proceedings against the former employer or of the reason for the decision; and if he will make a statement on the matter. [37349/21]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 178 and 181 together.

Question No. 159 referred to by the Deputy enquired in relation to the status of the Workplace Relations Commission (WRC) investigation into the employment of the four fishers referred to. This investigation was requested by my Department in order to inform consideration of a request by the International Transport Workers Federation (ITWF) for the initiation of civil proceedings against the alleged employers of those fishers in order to recover monies alleged to be due to those fishers.

As indicated in my reply of 15th June 2021, on foot of correspondence from the body referenced, my Department requested that the WRC initiate an investigation into this matter. The WRC produced a comprehensive report on the matter which was received to my Department in September 2020. Having investigated the facts of the particular matter against the statutory provision for civil proceedings, WRC had decided not to pursue a civil prosecution.

As the WRC is independent in its functions I cannot comment further on the specifics of its investigation including the timeline to which the Deputy refers.

Mick Barry (Cork North Central, Solidarity)
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179. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 159 of 15 June 2021, the reason he omitted to make reference to separate criminal proceedings that were initiated by his Department against the former employer of the four Ghanaians that were about to be heard in the District Court on or around the time of his reply on 15 June 2021; and if he will make a statement on the matter. [37343/21]

Mick Barry (Cork North Central, Solidarity)
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180. To ask the Minister for Enterprise, Trade and Employment the number of times he and his predecessors have initiated civil proceedings under section 2B of the Employment Permits Act 2003 on behalf of foreign nationals to whom that section applies; and if he will make a statement on the matter. [37344/21]

Mick Barry (Cork North Central, Solidarity)
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182. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 159 of 15 June 2021, the reason the then pending criminal case listed for hearing on 17 June 2021 was omitted from the response; the reason the four Ghanaian nationals and the referring organisation were not informed of this hearing by the Workplace Relations Commission or his Department and called as witnesses; the precise circumstances in which the charges were dismissed; and if he will make a statement on the matter. [37350/21]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 179, 180 and 182 together.

Question No. 159 referred to by the Deputy enquired in relation to the status of the Workplace Relations Commission (WRC) investigation into the employment of the four fishers referred to. This investigation was requested by my Department in order to inform consideration of a request by the International Transport Workers Federation (ITWF) for the initiation of civil proceedings against the alleged employers.

In this instance the WRC decided not to pursue a civil prosecution. Indeed, there is no record of civil proceedings ever having been initiated under section 2B of the Employment Permits Act 2003.

I understand that the Deputy’s current query is referring to a criminal prosecution, which arose from a separate investigation undertaken by the WRC. This case was taken in the name of the Minister for Enterprise, Trade and Employment, in relation to alleged offences under the Employment Permits Act 2003, namely the employment of non-EEA nationals without an employment permit or valid permission to work.

This case was before District Court on 17^thJune 2021. As the Deputy will appreciate, the State does not comment on ongoing criminal proceedings. Given that the proceedings were imminent at the time of my reply to Parliamentary Question No. 159 on 15 June, it would have been inappropriate, and could have been considered prejudicial, to refer to those proceedings in my reply.

The Deputy will be aware that the criminal proceedings were dismissed on the day of the hearing by the presiding Judge, exercising his judicial authority in the matter. The WRC advised the ITWF of the outcome.

Finally, the Deputy enquires as to the reasons the four fishers referred to and the ITWF were not called as witnesses in the criminal proceedings. I am advised that the WRC met with, and took statements from, the four fishers and met with and engaged in detailed correspondence with the ITWF as part of its investigation of the facts which had been requested by my Department.