Robert Molloy
Question:16 Mr. Molloy asked the Minister for Social Welfare if he will introduce a fisherman's stamp which would qualify for full PRSI benefits; and if he will make a statement on the matter.
Written Answers. - Fishermen's PRSI Benefits.
Avril Doyle
Question:25 Mrs. Doyle asked the Minister for Social Welfare if he will introduce a special category under the social welfare code for the treatment of share fishermen due to the ongoing difficulty of establishing their rights to unemployment benefit, unemployment assistance and disability benefit since the McLoughlin judgment in 1986.
Question:
54 Mr. Byrne asked the Minister for Social Welfare if, in view of the decision of the Supreme Court in the McLoughlin case, skippers of fishing boats will be entitled should they so wish, to pay PRSI for share fishermen employed on their vessels to cover them for all class A benefits; if these payments by skippers will be accepted by his Department; if not, if he will advise the share fishermen on the way in which they should seek to insure themselves against sickness and unemployment especially in view of the forthcoming deadline of 5 April for payment of PRSI; if he will outline the way in which he intends to extend social insurance and social justice to the share fishermen in view of the commitment to social justice contained in the Programme for a Partnership Government 1993 to 1997; and if he will make a statement on the matter.
I propose to take Questions Nos. 16, 25 and 54 together. Prior to 1986, share fishermen were covered by PAYE and PRSI on the same basis as other workers. In 1986, a High Court judgment ruled in the case of a particular fishing vessel that the skipper and his crew should not be regarded as employer and employee for PAYE purposes. However, share fishermen continued to be regarded as employees for social welfare purposes until last year, when the High Court ruled that the relevant regulations were not valid. As a result, share fishermen are now regarded as self-employed for PRSI purposes. This gives them entitlement to long term benefits like pensions, but not to short term payments.
I recently met representatives of the Irish Fisherman's Organisation to discuss this situation. At that meeting, a number of options were raised, and these are currently being examined by my Department. One of the options being considered is the creation of a special contribution class for share fishermen; such an arrangement would, of course, involve the payment of a suitable level of contribution as well as the award of benefits.