asked the Minister for Social Welfare if, in the case of a person (details supplied) in County Cork who has paid social welfare contributions since 1952, he will make arrangements to ensure that he can benefit under the Social Welfare Acts.
Ceisteanna—Questions. Oral Answers. - Social Welfare Acts.
51.
The person referred to in the Deputy's question paid social insurance contributions from 1968 in respect of employment as a skipper owner. He claimed unemployment benefit in October, 1976. The question whether his employment as a skipper owner was insurable for the purposes of the Social Welfare Acts was referred to a deciding officer who ruled that it was not insurable. This decision was upheld by an appeals officer whose decision is final and conclusive unless it is revised in the light of new facts or fresh evidence or on appeal to the High Court on a point of law. I am not empowered to intervene in decisions of deciding officers or appeals officers. The decision invalidates the social insurance contributions paid in this case and the person involved cannot in the circumstances satisfy the contribution conditions for benefit. The question of a refund to him in respect of these contributions is at present being dealt with.
Is the Minister aware that the case in point brings up a very broad issue involving as it does skipper owners? Would the Minister bear in mind that the man in question paid insurance under duress? He was told that he would be prosecuted if he did not pay insurance. This man is now approaching pension age and he has been told that at this stage he is not insurable and will only get a refund. Would the Minister look at this not just in the context of this case but in the context of the entire fishing industry where there are very special circumstances? Would the Minister accept that special arrangements should be made to meet the circumstances in the fishery industry?
The Deputy will be aware that some years ago the very same question arose in connection with share fishermen and it was only after considerable debate that share fishermen were deemed to be insurable. The present state of the law is that skipper owners are not.
Would the Minister accept that the law should be changed to meet the situation in view of the very special circumstances of the fishing industry so that skipper owners who wish to protect themselves by stamping cards will be given that facility?
As the Deputy knows, it is a very complicated question. There is a principle involved which would affect the whole validity of the social insurance scheme. If an employer or self-employed person was to be admitted as an insurable person, then this would be a major undertaking and could not, I think, be restricted to fishing skipper owners.
Accepting the broad difficulties of the situation, does the Minister accept that those involved in the fishing industry constitute a very special case? Would he give an under-taking to look into the situation to see if some solution could be found in so far as it relates to owner skippers in the fishing industry?
Yes, I will. I just want to say that the Deputy does not have to persuade me of the very special type of life that is sea fishing.
The remaining questions will appear on the Order Paper for the next sitting day.