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.