Written answers
Tuesday, 4 July 2023
Department of Transport, Tourism and Sport
Fisheries Protection
Mick Barry (Cork North Central, Solidarity)
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202. To ask the Minister for Transport, Tourism and Sport how many three-yearly inspections of ships have taken place under section 5(3) of SI 376/2014 since that Instrument came into force; how many non-compliances were detected; and to provide these inspections and detected non-compliances, by category, in a tabular form; and if he will make a statement on the matter. [32409/23]
Jack Chambers (Dublin West, Fianna Fail)
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The requirement under Regulation 5(3) of SI 376/2014 applies to ships less than 500 GT which do not engage in international voyages or those that do not operate between ports in another state. Such vessels are not required to hold statutory Maritime Labour Convention (MLC) certification, although can voluntarily request to be certified in accordance with the Regulations.
In the Irish context, the ships which fall within the scope of Regulation 5(3) includes domestic cargo and passenger sea-going ships and domestic sea-going passenger boats. In all such cases as these ships are less than 500 GT and not engaged in international voyages, the crew do not live on-board whilst the vessel is at sea. Therefore, the requirements under the MLC are limited or not applicable for such ships.
The Marine Survey Office survey and inspection regime includes surveys of passenger ships on a one-year cycle and passenger boats on a two-year cycle. On this basis such ships are subject to inspection at a greater frequency than once every three years. The number of such inspections would include 80 passenger ships each year and approximately 400 other domestic vessels per annum and each survey or inspection may entail multiple visits. In addition, such ships may also be subject to additional operational inspections, usually during the summer season.
The outcome of such inspections may result in a report of inspection issued to the Master and Owner of the vessel detailing deficiencies and the actions to be taken to rectify any identified issues. The use of the term detected non-compliances does not arise in this instance as the vessels in question are not required to be certified under the Convention. As such any issues which are identified during survey and inspections are required to be addressed.
Mick Barry (Cork North Central, Solidarity)
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203. To ask the Minister for Transport, Tourism and Sport his views on Ireland's progress towards ratification of the Work in Fishing Convention ILO 188; whether it is intended to make the Marine Survey Office the sole agency for the enforcement of the provisions of the Convention on Foreign Flagged Fishing Vessels in operating in Irish territorial waters or whether the WRC inspectorate is envisaged as having a role as they do on enforcing minimum conditions of work on Irish flagged fishing vessels that employ direct labour; and if he will make a statement on the matter. [32410/23]
Jack Chambers (Dublin West, Fianna Fail)
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The ILO Work in Fishing Convention, 2007 was adopted at the 96th session of the International Labour Conference on 14 June 2007. The Convention aims to ensure decent conditions of work in fishing regarding minimum requirements for work on board, conditions of service, accommodation and food, occupational safety and health protection, and medical care and social security.
As this Convention is an international agreement, primary legislation will be required in the first instance to allow us to ratify the Convention. In this regard, officials in my department are working on a general scheme for a planned Merchant Shipping (International Conventions) Bill. This is at the preparatory stages, prior to seeking Government approval for its drafting in due course. It is hoped that such approval will be received in the first half of 2024. The main purpose of the Bill is to provide the required legislative framework for Ireland to become a party to several international maritime conventions. Progress of any such Bill is, of course, subject to pre-legislative scrutiny in the first instance followed by passage through the Houses of the Oireachtas. It is worth noting, in the meantime, that Ireland has transposed EU Directive 2017/159 which implements much of the social partners’ agreement concerning the ILO Work in Fishing Convention.
With regard to the Deputy's query in relation to enforcement of the provisions of the Convention on Foreign Flagged Fishing Vessels, this is a port state control matter and, as such, the WRC would have no role in relation to enforcement of labour standards aboard foreign flagged vessels with regard to ILO Working in Fishing Convention. This responsibility would fall to the jurisdiction of the relevant competent authority of the Flag State under international maritime law.
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