Laws to crack down on fishing industry exploitation

From May 15, all non-EU fishermen seeking to work in the industry here will have to apply for “atypical worker permission” and if successful will have to be given proper contracts of employment and be paid statutory minimum wages as employees of the boat owner.

The move by the Government is in response to widely reported exploitation of non-EU nationals in the industry in recent years.

Before an application is even lodged with the Irish Naturalisation and Immigration Service for the Atypical Permission, a contract of employment will have to be lodged with a central depository based in Clonakilty, Co Cork.

The scheme came into effect for fishermen already working here as of Monday of this week. Among the conditions of the scheme are that:

• A maximum of 500 non-EEA workers at any given time are permitted in the industry;
• At least 50% of members of a crew must be EU nationals;
• For the purposes of the scheme, all crew from non-EEA countries must be employed directly by a sea-fishing boat licence holder under a written contract of employment for a duration of 12 months;
• The employee shall be paid, in respect of the 12-month period, a minimum equal to the amount which he or she would have received under the minimum wage legislation if they had worked 39 hours per week for 52 weeks;
• Payment must be made at least monthly into the employee’s bank account.

Ken Fleming, ITF co-ordinator for Ireland and Britain, has uncovered many instances of non-EU fishermen being exploited in the industry here over the last 10 years. He said he was delighted the scheme now has a timeframe and a clear deadline.

“These bylaws give the decent boat owners an opportunity to once and for all rid the industry of the dark image that it rightfully earned over the last 10 years,” he said.

“I am confident that the decent people that operate fishing vessels will embrace the scheme; treat workers as they deserve to be treated; and develop a good business base that will sustain the industry going forward.”

He said he was worried that some boat owners will not sign up to the scheme adding that, in such cases, his organisation will do all in its power to root out “these unscrupulous operators”.

However, he welcomed the “positive response” he has had from some of the boat owners’ representative organisations.

Agriculture Minister Simon Coveney said: “The requirements of the scheme will minimise the risk of exploitation and ensure that these workers are guaranteed all appropriate employment rights and protections during their period of employment.”