MARQUESS of TULLIBARDINEasked the Secretary to the Treasury whether he is aware that the Law Officers of the Crown in Scotland have given it as their opinion that the owner, part owner, and hirer of a fishing boat, who, in addition to share of profits or catch in respect of labour, receive a share for ownership, do not come under the National Insurance Act, as they are joint adventurers in a fishing venture, while owners and part owners of nets under the same conditions do come under the compulsory provisions, of the Act; why the fishermen who own the nets are not considered joint adventurers in a fishing venture; and if steps can be taken to put all share fishermen upon the same basis?
§ Mr. MASTERMANIf a fisherman who brings his own nets is legally in the position of the servant of the owner or hirer of the boat, the Scottish Law Officers have advised that he is properly included within the scope of the Act. The Commissioners have power, however, under Schedule I., Part 2 (k), to exclude share fishermen by special order in certain cases, and they will be prepared to give careful consideration to any application for such an order when it can be shown that the conditions of service approximate closely to a true co-partnership.