Written answers
Tuesday, 4 October 2022
Department of Enterprise, Trade and Employment
Workplace Relations Commission
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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139. To ask the Minister for Enterprise, Trade and Employment when legislative change will be made to give the Workplace Relations Commission jurisdiction to hear complaints in relation to the working time at sea directive, as promised by his Department in January 2022; and if he will make a statement on the matter. [48106/22]
Damien English (Meath West, Fine Gael)
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A Memorandum of Understanding on the monitoring and enforcement of the Atypical Worker Permission Scheme for non-EEA fishers employed on certain Irish-registered fishing vessels was signed by 11 Departments and Agencies in May 2016.
The Workplace Relations Commission (WRC) is one of a number of agencies which contributes to the enforcement of this scheme and has particular responsibility for checking compliance insofar as terms of employment, permission to work, payment of wages, annual leave, public holiday and National Minimum Wage entitlements are concerned.
Enforcing compliance with rest period and maximum working hours requirements in the fishing sector is the responsibility of authorised officers of the Department of Transport, i.e., Marine Surveyors.
However, a legislative amendment is required in order to provide the WRC with jurisdiction to hear complaints of breaches of the Working Time at Sea Directive.
My Department has engaged with the Department of Transport and agreement has been reached to submit a proposal to the Oireachtas to extend the WRC's jurisdiction in this matter. This proposal will be included as a miscellaneous amendment in a legislative instrument, when an appropriate legislative instrument is identified.
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