Claire McKeon Detective Sergeant Human Trafficking Investigation & Co-Ordination Unit Garda National Protective Services Bureau An Garda Sίochana
Objectives Who I am Atypical Working Scheme Visa North Atlantic Maritime Project sub project of Santa Marta Group 2
Human Trafficking Investigation & Co Ordination Unit. Established 2009 Investigations Provide advice, support and where necessary operational assistance to investigations Provide training nationally on Human Trafficking 3
Related Crimes to Trafficking in Human Beings Maritime Crime Illegal detention Exploitation of labour Forgery of documents Corruption Money laundering Tax evasion Forced Labour Begging Debt - bondage 4 Kidnapping Prostitution Murder Bodily injury Sexual assault Trafficking in Human Beings Rape Forced marriage Slavery Torture Cruel, degrading or inhumane treatment Forced abortion
Atypical Working Scheme Non EEA Workers in Irish Fishing Fleet
Background Guardian Newspaper Highlights issues of concern Claims of Exploitation of undocumented Migrant Workers on Irish Fishing Trawlers Inter Departmental Task Force Established November 2015 with the remit to Examine the issues Formulate a co-ordinated and effective Cross Government response to the issues
Cont d Task Force Chaired by Minister Simon Coveney Presentations made to Task Force Migrant Rights Centre, Ireland (MRCI), International Transport Workers Federation (ITF,) Fisheries Producer Organisations New Scheme Developed Addressing the issues of concern Improving situation for Non EEA Workers Reducing the possibilities for abuse Allowing the Industry to meet its labour needs
Dept of Justice and Equality Role The Department of Justice & Equality role is limited to providing the Immigration elements of the overall solution. It can only do that when the various bodies with oversight of the sector have determined how the industry should operate in respect of employment, health and safety and working conditions. The Task Force was instrumental in bringing this about.
New Scheme New category of Atypical Working Scheme Permission, administered by the DJE, introduced for Non EEA Fishermen. This is not a regularisation of undocumented workers but rather the putting in place, for the first time, of a regulatory regime for the employment of non-eea workers in this sector of the fishing industry. Commencing 15 February 2016 - first 3 months will be confined to Non-EEA crew members who are already working in Ireland. After 15 May 2016 all non-eea workers intending to work in the fishing industry must obtain an Atypical Worker Permission from INIS and Visa clearance, if applicable, prior to entering the State.
Cont d The Scheme only applies to crew members working on licensed and registered fishing vessels in the Polyvalent, Beamer and specific segments of the Irish Fishing Fleet for vessels more than 15 metres in length overall. State to set up Central Depository of Contracts and monitoring of the level of Contracts- Scheme to be capped at maximum of 500 Pre Clearance System introduced for all applications Memorandum of Understanding (MOU) for the Monitoring and Enforcement of the Scheme put in place between all relevant bodies.
Cont d Employer (Licensed Vessel Owner) is responsible for Valid Employment Contract certified by a Solicitor Repatriation arrangements on Termination Employee to ensure Valid Identity Documents are produced i.e. Passport Birth Certificate, National Identity Card Evidence of Experience in the Fishing Sector Nothing prevents them from working in Ireland
Pre Clearance A Solicitor, acting on behalf of the vessel owner, must submit to the Central Depository the contract of employment and supporting documentation. Documents Required Certification from Solicitor that terms of scheme are met. Copy of Contract of 12 months duration and confirming that Employer is owner of the vessel and that it is greater than 15m and licensed in the Irish Fishing Fleet. Conditions of employment in accordance with relevant legislation and that annual wages are not less than the National Minimum Wage.
Cont d Copy of the Sea Fishing Boat Licence for the vessel in question Evidence of previous employment or relevant qualification as a fisherman. Statement from vessel owner that they will enrol the crew member in a BIM safety training scheme to be completed prior to commencement of employment. Statement from the vessel owner that they will comply with the licence condition that at least 50% of the crew of a sea fishing vessel must be nationals of EU Member states
Cont d Completed Applications to be sent to the Central Depository (CDPA) for Sea-Fishing Boats at the National Seafood Centre, Clonakilty, Co Cork. Failure to supply any of the above documents will result in the application being returned as incomplete.
How to apply for the Scheme once Pre Clearance has been granted. Download and complete the application form from the INIS Website: WWW.INIS.GOV.IE Make sure to include the following with your application: A copy of your contract with the sea-fishing licence holder in Ireland. A copy of the letter sent to you by the Central Depository. -(Pre Clearance). This letter must show your unique identifying number.
Cont d A copy of the page in your passport that shows your passport number, expiry date of passport, name, gender and date of birth. An application fee of 250. (This fee cannot be refunded.) If your application is made by a solicitor or other representative, on your behalf, you must include a Letter of Authorisation that is signed by you.
Cont d Send your completed form by registered post to: Atypical Working Scheme Division Irish Naturalisation and Immigration Service 13/14 Burgh Quay Dublin 2 Ireland D02 XK70 You should allow at least 10 working days for your application to be processed. If your application is successful, you will be sent a Letter of Approval by post.
Relevant Websites Central Depository, National Seafood Centre, Clonakilty, Co. Cork CDPA@agriculture.gov.ie www.fishingnet.ie/centraldepository/ Department of Agriculture Food and the Marine www.agriculture.gov.ie/fisheries/seafisheriesadministation Irish naturalisation and Immigration Service www.inis.gov.ie atypicalworkingscheme@justice.ie
North Atlantic Maritime Project.
Holy Father Pope Francis Rome April 2014 Declaration of Commitment Assistant Commissioner Derek Byrne
Alliance of International Police Chiefs and Bishops Working together with Civil Society To eradicate Human Trafficking and Modern Day Slavery http://santamartagroup.com/
Santa Marta Project Meeting Rome Pope Francis I North Atlantic Fisheries Project Abuses in Maritime Industry Partners: Spain, Portugal, Ireland, UK
Building Partnership - At home - Internationally
Building Partnerships at home: Inter Departmental Government Task Force An Garda Síochána Stakeholder Working Group
Building Partnerships International United Kingdom Independent Anti Slavery Commissioner Police Immigration Enforcement/UK Borders Home Office/DOJNI Gangmasters Licensing Authority Fishing Industry/Representatives
Building Partnerships : Spain Police/Immigration Portugal Police/Immigration
International Organisations Interpol Europol UNODC ILO IOM
Outcomes: Awareness Raising Training Research EU Directive on Victims Rights Operational Actions Building Partnerships
Things to remember! Where we look we find Human Trafficking Atypical Working Scheme Permission, is not a regularisation of undocumented workers but rather the putting in place, for the first time, a regulatory regime for the employment of non- EEA workers in this sector of the fishing industry. North Atlantic Maritime Project- Sub Project of Santa Marta Thankyou!