Written answers

Wednesday, 18 January 2023

Department of Enterprise, Trade and Employment

Work Permits

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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31. To ask the Minister for Enterprise, Trade and Employment if his Department will provide the necessary details of the process of the atypical work permit scheme for non-EEA fishers and the recommendation of a public consultation process and stakeholder engagement on pages 3 and 59 of the review document to a person (details supplied) in order that a submission can be made on behalf of the migrant fishers on whose behalf this organisation has advocated and represented; and if he will make a statement on the matter. [1176/23]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The recently published Department of Justice report on the Review of the Atypical Scheme for non-EEA Crew in the Irish Fishing Fleet concluded that the employment of non-EEA crew in the Irish fishing fleet who had been catered for under the Atypical Working Scheme (AWS) since 2015 should be provided for under the Employment Permit scheme. For this key recommendation to be implemented it was noted that employer and employee representative groups should make a submission to remove the occupation of fishers from the Ineligible Occupations List to my Department.

Sector representatives from the fishing industry have been provided with this review form along with guidance in its preparation and inclusion of the necessary data to support their submission. It has also been advised that input from the lead policy Department, in this case the Department of Agriculture, Food and the Marine should also be incorporated to support the change of status of the occupation of fishers to an eligible occupation for an employment permit.

The work of the Group to oversee the move of non-EEA fishermen in the Irish fishing fleet to the employment permits system will be initiated after receipt of this evidence-based submission from the fishing sector.

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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32. To ask the Minister for Enterprise, Trade and Employment if a non-EEA fisher who holds an unexpired atypical work permit scheme contract, who has been continuously employed on a vessel for two years or more and loses his or her employment arising from a decommissioning, is entitled to redundancy pay separate and distinct from the compensation for crew provided for by the terms of the Bord Iascaigh Mhara fishing vessel decommissioning scheme; and if he will make a statement on the matter. [1178/23]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Irish employment rights legislation applies to workers – national and non-national – on board Irish registered ships.

In order to qualify for a statutory redundancy payment, an employee must have 104 weeks' continuous employment, be an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, and be over the age of 16.

An eligible employee is entitled to two weeks' normal weekly remuneration for every year of service, plus a bonus week. The redundancy lump sum calculation is based on the worker’s length of reckonable service and weekly remuneration, which is subject to a ceiling of €600 per week.

By law, it is the employer’s responsibility to pay statutory redundancy to eligible employees. Where an employer is genuinely unable to pay statutory redundancy due to financial difficulties or insolvency, the State provides a safety net and may make the payments on the employer’s behalf from the Social Insurance Fund. An application can be made to the Redundancy Payments Scheme which is administered by the Department of Social Protection.

The Brexit Voluntary Permanent Cessation Scheme is a matter for the Department of Agriculture, Food and the Marine.

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