asked the Minister for Industry and Commerce if he is aware that an inquiry was held at Wicklow by the Insurance Commissioners into the claim of carters employed by the Wicklow County Council to be insured under the Unemployment Insurance Acts; that, on evidence submitted the Insurance Commissioners decided that all carters employed by the Wicklow County Council are insurable under that Act; whether he is aware that the County Council have passed a resolution refusing to comply with the Insurance Commissioners' decision, and, as a consequence, a number of unemployed carters, formerly employed by the County Council, have had to seek home assistance; and what action the Minister proposes to take to compel the County Council to comply with the Insurance Commissioners' order.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - WICKLOW COUNTY COUNCIL CARTERS (INSURANCE).
An inquiry was held at Wicklow by the Insurance Commissioners into the claims of carters employed by the Wicklow County Council to be insurable under the National Insurance Acts, and on the evidence submitted the Insurance Commissioners decided that carters employed by that Council were insurable under the said Acts. The position under the Unemployment Insurance Acts and the National Insurance Acts is the same in this matter and, accordingly, the decision of the Insurance Commissioners was adopted in regard to unemployment insurance and steps were then taken to secure compliance under both Acts.
The Council were not satisfied with the decision given and postponed compliance pending the hearing of a test case on the same issue submitted to the High Court by the Tipperary (N.R.) County Council. The Tipperary test case was heard in February of last year when the Court held that the carters employed by that Council were not insurable persons within the meaning of the National Insurance Acts.
The Wicklow County Council were duly notified of this decision and informed that as the conditions and circumstances of the employment of the Wicklow County Council carters appeared to be similar to those of the carters in the Tipperary (N.R.) case, the workers concerned were not employed persons within the meaning of the National Insurance Acts, and, accordingly, contributions were not payable in respect of them whilst they were so employed. The position under both Acts being identical the decision related equally to unemployment insurance.
Will the Parliamentary Secretary state whether it is intended to refund the contributions that have been paid by the carters employed by the Wicklow County Council?
No contributions were paid, so far as I am aware.