Dáil Éireann debate -
Tuesday, 24 Feb 1998

Vol. 487 No. 6

Written Answers - Share Fishermen's Contracts.

Jim O'Keeffe

Question:

265 Mr. J. O'Keeffe asked the Minister for Social, Community and Family Affairs if he will outline the background and the current position in relation to PRSI and share fishermen; and if he will make a statement on the matter. [4970/98]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

Following the High Court judgment in the Griffith case in 1992, the Department treated share fishermen as self-employed contributors for social insurance purposes.

Following representations from fishermen, their families and other interested parties, a review of the issue was initiated. In the course of the review it became clear that not all share fishermen worked on the same basis as considered in the High Court case. As a result new arrangements in relation to social insurance for share fishermen were announced by my predecessor in April 1997.

These new arrangements are based on the premise that not all share fishermen work on the same basis as applied in the High Court case. Share fishermen working on the basis as considered by the High Court will continue to be liable for social insurance at the self-employed rate. The new arrangements apply only to those share fishermen employed under a contract of service, that is, where an employer-employee relationship exists. In the case of such persons the social insurance provisions for employees will apply.

Boat owners, skippers and the people working in the industry are at liberty to negotiate and operate their own work contracts. Whether these contracts give rise to self-employment or employment depends on work contract negotiated between the indviduals concerned. In the event of a disagreement on the matter, my Department will investigate the nature of the contract and a deciding officer will decide the nature of the contract on the basis of the facts as presented. If any party is dissatisfied with the decision there is a right of appeal to the independent social welfare appeals office.

Where a share fisherman has worked as an employee since the 1992 judgment and paid social insurance as a self-employed conributor, the Department will treat such contributions as employment contributions on confirmation that he was employed as an employee in the intervening period.

The new arrangements mean that people in the share fishing industry now have the ability to arrange their work contracts in order to avail of a wide range of social insurance benefits.