I propose to take Questions Nos. 420, 440 and 441 together.
The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, and conciliation services.
As part of its remit the WRC Inspectorate is authorised to carry out inspections of employer records with a view to determining compliance with the Employment Permits Act 2024. Under the Act, it is a criminal offence to employ a worker in the State without either an employment permit or the appropriate permission issued by immigration services, or to be in employment without either an employment permit or the appropriate permission issued by immigration services. Where non-compliance is detected by the WRC and undocumented workers are encountered in the course of an inspection, the employer may be prosecuted for breaches of the Act and any other breaches of employment law detected.
Over the last 5 years the WRC has carried out some 343 inspections in the fisheries sector with 170 breaches recorded across 89 employers. Three of those 343 inspections were conducted as part of multi-agency operations with one breach of the Employment Permits Act recorded.
There have been six specific fisheries related complaints received through the WRC’s single complaint form. Complaints can also be transmitted to the WRC via stakeholders or other sources.
In the course of an inspection, in addition to the Employment Permits Act 2024, the WRC inspector will also check for breaches of employment law as they relate to the employment of non-EEA fishers. Compliance checks include compliance with the national minimum hourly rate of pay and annual leave entitlements. The inspector also checks for any unauthorised deductions, failure to keep records, failure to issue pay slips and or failure to issue contracts of employment. The WRC inspectorate works with the employer to achieve compliance with employment law. However, the WRC may prosecute employers where compliance cannot be achieved.
Matters relating to hours of work/hours of rest or the accommodation standards of employees in the fishing sector are reported by the WRC to the Marine Survey Office at the Department of Transport, as those issues fall under their remit.