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Author Archive

ILO 188 Marine Notice 42 of 2019

ILO 188 Introduction Marine Notice 42 of 2019 has implemented ILO 188 as of the 15th of November 2019. ILO 188 entitles all fishermen to written terms and conditions of employment (a fisherman’s work agreement), decent accommodation and food, medical care, regulated working time, repatriation, social protection and health and safety on board. It... Read More

The Health and Safety Authority and the Fishing Industry

The Health and Safety Authority and the Fishing Industry by Dermot Conway In recent times I have been increasingly involved in the Health and Safety Authority (HAS) inspections following accidents and dangerous (occurrences). A number of issues consistently arise in terms of the Fishing Industry. It is generally believed that when an accident happens... Read More

Date Set for Porcupine Bank Closure Judicial Review

It has been confirmed that the court case brought by fishermen Pat Fitzpatrick and Michael Flannery will be heard in full starting on the 1st May 2018 for four days. The case which will focus centrally on the closure of the Porcupine Bank Dublin Bay Prawn (nephrops) fisheries to Irish boats will be heard... Read More

Penalty Points for Fishermen Unconstitutional

On the 12th of December the Supreme Court handed down Judgement in the challenge taken by Paddy O’Sullivan to the Statutory Instrument (SI) of 2014 introducing the Penalty Points for Fishermen. Conways Solicitors acted for Mr. O’Sullivan. The High Court had struck the SI down as being unconstitutional for a number of reasons, one was... Read More

Dealing with the Marine Survey Office in 2017

In  Ireland the body policed with policing Marine Safety in is the Marine Survey Office (MSO). Traditionally with the Department of the Marine (which no longer exists) it is now housed in the Department of Transport reflecting developments in Marine activity and aligning Ireland with other Member States of the EU and international norms.... Read More

Renewal of Atypical Workers Visas for Fishermen

Visa Renewal As of today, the process of renewing existing visas has been clarified. Current Visa holders do NOT need to leave the State to renew the visas. The visa holder must have a valid contract of employment for a further 12 months which needs to be certified by a Solicitor as being compliant... Read More

Armed Garda Raids – a dark day for the Industry

On Wednesday the 5th of October 2016 at ports in Howth, Co Dublin, and Castletownbere, Co Cork, raids were conducted on foot of the allowing non EEA fishermen to have access to the Atypical Work visa and lawfully engage in work in the fishing fleet on Irish vessels. The issue and point of concern... Read More

Northern Irish Vessels lose access to Irish Waters.

In a landmark decision the Supreme Court unanimously agreed that a long standing agreement which the Department thought was validly made as between the Republic of Ireland and Northern Ireland is not in fact a valid agreement as per the Constitution. In his Judgement, delivered on the 27th of October 2016, Judge O’Donnell concludes:... Read More

Lights out for Mayo County Council

Mayo  County Council have been found to be primarily responsible for the grounding of a Passenger and Cargo vessel at Roonagh Pier in County Mayo.  In a recent case, Conways Solicitors acted on behalf of the Ferry operator. The Ferry was coming from Inishturk to Roonagh Pier. Half way through the voyage a crew... Read More