Vol. 449 No. 1
16 Miss Coughlan asked the Minister for Social Welfare if he will introduce legislation in this term to provide for a contract of service clause for share fishermen to enable them to return to an employer/employee relationship and obtain the benefits of A1 contributions. [2688/95]
Employment as share fishermen under a contract of service is normally insurable under the Social Welfare Acts for all benefits.
Share fishermen who work under a contract for service were formerly deemed to be in an employer-employee relationship and also insured for all benefits. As the Deputy is aware, the legislation was ruled to be ultra vires under a High Court judgment in February 1992 which resulted in their being considered as self-employed persons.
A special scheme for share fishermen engaged under contract for service was introduced in the Social Welfare (No. 2) Act, 1993, which allowed those persons to join an optional social insurance scheme. The new scheme enabled them to top up self-employed contributions and provided entitlement to treatment benefits and limited disability and unemployment benefit. The total number of approved applicants for the scheme for the current tax year is approximately 200.
