New permit scheme to offer greater protection to migrant fishers
Quarters Irish That Three The Last Issued Scope Scheme Since Notices Reported Have Within 2016 Week With Contravention The Fishing Of Been Owners Of Over The Examiner Vessel
A new permit system to offer migrant fishermen greater protection while living and working here will “go a long way to addressing the concerns” felt by many in the sector, ministers have said.
Following years of calls to reform the scheme covering migrant workers on Irish fishing vessels, the Government has announced a process to replace it with an employment permit-based system that would entitle permit-holding seafishers to move to a Stamp 4 immigration permission.
The move was welcomed by the International Transport Workers’ Federation (ITF). However, while the ITF's campaign lead for Ireland, Michael O’Brien, said it will benefit current and future non-EEA migrant fishers who come to Ireland, there are concerns for some undocumented fishers.
Under the current Atypical Working Scheme, non-EU migrants are given a visa where they must enter into a contract with a fishing vessel owner, which lasts for up to a year before it can be renewed.
It was introduced as a means of covering such workers on Irish fishing boats who are currently not eligible for an employment permit under the system operated by the Department of Enterprise.
The fishing vessel owner has certain responsibilities to ensure these workers are given regular breaks, annual leave and the statutory minimum wage. But both unions and fishing organisations have been repeatedly critical of the scheme, describing it as a “broken system” and “not fit for purpose”.
As of September 29, there were 277 individuals employed by 66 vessel owners currently holding a letter of approval under the scheme.
The Irish Examiner reported last week that over three-quarters of fishing vessel owners within the scope of the scheme have been issued with contravention notices since 2016.
Patrick Murphy of the Irish South & West Fish Producer's Organisation said fishermen are being vilified despite working within a system which is “not fit for purpose”. “Don’t punish someone operating in a broken system and say it’s their fault,” he said. “We’ve good hope on a new scheme being developed.”
The Government said a key recommendation for the new scheme is to move responsibility for these fishers from the Atypical Scheme operated by the Department of Justice to the employment permit system, used in many sectors, under the auspices of the Department of Enterprise.
The overall timeframe to implement the recommendations is 12 months.
Minister of State Damien English said: “Of course, the Employment Permits system works very differently from the Atypical Working Scheme, so it is proper that there will be a phased implementation in order to identify and address any challenges which arise and deal with these in the most effective way possible.”
Mr O’Brien, meanwhile, said a “major omission” from the review of the scheme is undocumented and former fishers who’ve fallen out of the Atypical scheme.
“Many of them have individual cases being made to the Department of Justice by their legal representatives or cases before the courts to regularise their situation,” he said. “This has to be addressed. It is inconsistent to leave these fishers to continue working undocumented in the context of this review.”