Vol. 451 No. 2
108 Miss Coughlan asked the Minister for Social Welfare if share fishermen who are deemed self-employed are insured on fishing vessels under employer's liability insurance; and if he will make a statement on the matter. [6267/95]
As the question is addressed to the Minister for Social Welfare, it is assumed that the Deputy is referring to cover for occupational injuries benefit. I indicated previously in reply to Question No. 82 of 15 March 1995 that share fishermen who are employed under a contract of service, that is where they are subject to direction and control of the employer, are insured for all benefits, including occupational injuries benefits.
Share fishermen who are engaged under a contract for service as their principal means of support are insured for a limited range of benefits. The former legislation under which their employment was deemed to have been insurable under the Acts was ruled to be ultra vires under a High Court judgment in February 1992. As a result they have to be regarded 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 allows those persons to join an optional social insurance scheme. The new scheme enables them to top up self-employed contributions and provides entitlement to treatment benefits for themselves and their spouses and also disability and unemployment benefits.
They are not covered for benefits under the occupational injuries scheme which is confined to persons who are employed under a contract of service.
The operation of the new optional social insurance scheme is being monitored by my Department.
Any other matters relating to employer's liability insurance are not proper to my Department.
