§ 43. Major ANSTRUTHER-GRAYasked whether a share fisherman is an employed contributor under the National Insurance Act where no special order has been made by the Insurance Commissioners under Schedule 1, Part II. (k)?
§ Mr. MASTERMANIf the share fishermen are employed under contract of service the answer is in the affirmative.
§ Major ANSTRUTHER-GRAYwhat if they are not?
§ Mr. MASTERMANThen I should think the answer would be in the negative.
69. Mr. WORTHINGTON-EVANSasked whether it is intended by special Order to exempt the share fishermen of the Port of Lowestoft; if not, who is responsible for the employer's contributions in the case of drift men, who, if the voyage is a failure earn nothing, and in the case of trawl fishermen who, although they draw a fixed sum weekly, are sometimes found to be overdrawn at the end of a voyage; what contributions have to be paid and by whom in each of such cases; and, where the voyage lasts some twelve or fifteen weeks, at what dates are the stamps to be affixed?
§ Mr. MASTERMANAs at present advised the Insurance Commissioners do not consider that a case exists for the issue of a special Order excluding the share fishermen of the Port of Lowestoft from insurance under the Act. In the cases put, the ordinary contributions are payable by the employer who is required to pay contributions which are due before any money payment is made. If no money payment is made, the contribution is due from the employer on the first day of employment in each week, or in the case of the employer's absence at sea as soon as is reasonably possible after that date. The question whether, if no money payment is due to a member of the crew of a fishing vessel at the end of a particular voyage, there is any right to deduct from a payment made or a settlement for a subsequent voyage must depend on the terms of his contract of service.
§ Mr. MASTERMANI could not give any general answer. I should require a special case.
§ Mr. WILLIAMSONIs it a contract of service or not?
§ Mr. MASTERMANI should not like to give an answer to that off hand.