HC Deb 20 January 1913 vol 47 c23
37. Mr. FELL

asked if the Insurance Commissioners, when they decided that the share fishermen of Great Yarmouth and Lowestoft came under the provisions of the National Insurance Act on the ground that they were employed persons and not partners, had under their consideration the decision of the High Court that the same share fishermen were partners and so did not come within the provisions of the Workmen's Compensation Act; and, if not, whether their decision will be reconsidered?


As fishermen paid by share are expressly excluded from the scope of the Workmen's Compensation Act irrespective of the question whether they are partners or servants, a decision given under that Act would not be relevant to any question under the National Insurance Act. The Commissioners see no reason for reviewing the decision already announced.


Might I ask if the Insurance Commissioners will have a test case taken to the High Courts to see if these fishermen come under the Act or not?


I do not think it is their function to have a case stated. I should have thought it was for the aggrieved person, if there is one; but I will consider the matter.


Are we to understand that all share fishermen come under the Act, and, if not, why not?


Oh, no, it depends upon the conditions under which they are working.