HC Deb 19 June 1912 vol 39 cc1648-50
26. Mr. CASSEL

asked whether the National Health Insurance Commissioners have issued, or propose to issue, any circular or leaflet giving any advice or information as to what employments they will treat as being of a casual nature; and will employment of a nurse, working on her own account during sickness or otherwise for a period of a month or any shorter period, be regarded as casual employment?

Mr. MASTERMAN

A circular upon casual labour has been issued to employers, and I shall be pleased to send a copy to the hon. Member. The question of any particular class of employment being employment within the meaning of the Act is a question of fact which will have to be determined by the Commissioners acting in a judicial capacity, or by the High Court if the Commissioners think it desirable. Any person who is in doubt as to whether he is to be compulsorily insured should apply at once to the Insurance Commissioners for a decision through the local Customs and Excise officer.

Mr. CASSEL

Can the right hon. Gentleman give me any answer as to the position of nurses?

Mr. MASTERMAN

On that particular point I do not think any application has been made. If an application is made it will be determined by the Commissioners acting in a judicial capacity.

Mr. WORTHINGTON-EVANS

Cannot the right hon. Gentleman lay down some rules with regard to nurses, who are a large class, and whose employment, in the nature of things, is not employment for a full year, and is not controlled by themselves; and will they not be constantly in arrear if there is no such rule?

Mr. MASTERMAN

No doubt those facts are important, but I cannot possibly lay down any rule when it is definitely referred, in the Act, to the Commissioners acting in their judicial capacity.

Mr. WORTHINGTON-EVANS

Can the right hon. Gentleman not get the Commissioners to make regulations upon that question, as they are constantly doing it on other subjects?

Mr. MASTERMAN

If the hon. Member will state a case the Commissioners will immediately deal with it.

Mr. CASSEL

Is it possible to have these questions decided, assuming that they have to be dealt with by the Law Courts, before 15th July?

Mr. MASTERMAN

Certainly. The Commissioners are only too anxious to decide all these questions immediately. They decide them upon application, and if the hon. Member will apply, they will be decided as soon as the Commissioners can come to a decision.

Mr. CASSEL

Are there not certain of these questions which have to be referred to the Courts under the provisions of the Act?

Mr. MASTERMAN

Certainly, and immediately application is made to the Commissioners and they think it expedient, they will refer it to the Courts under the Rules which have already been laid down.