Dara Calleary (Mayo, Fianna Fail)

Not for the first time, the Deputy has inaccurately represented what I have said. I did not say that we are outsourcing this to the High Court or we are leaving it to the High Court to sort this out. I said it is not my role to get involved in a case that is before the High Court. Let me be very clear on that. I did not outsource it to anybody. Were I to get involved in a case before the court, the Deputy would probably be one of the first to have a go for getting involved.

On the question, the insurability of public service employees, including local or other public authority workers, is provided for in the Social Welfare Consolidation Act 2005 and SI 312 of 1996. Most public servants employed before 6 April 1995 were classified as modified rate class B or class D social insurance contributors. Public servants recruited on or after 6 April 1995 are liable for the standard rate class A of PRSI. Modified rate contributors pay a lower rate of PRSI, but do not have the entitlement to some benefits, including the State pension, illness benefits and the treatment benefit scheme.

In some cases, people employed in the public service before April 1995 were already classified at class A for social insurance purposes. They are mainly people employed in what are known as unestablished positions. Some of these staff who were subsequently appointed after April 1995 to an established position have sought to be reclassified at the modified rate. This is mainly because they believe it will help to grant them access to an employer's occupational pension scheme. In some cases, there is a belief that, even if they are reclassified to a modified rate, they can retain access to class A benefits. This is not the case. In addition, access to employer occupational pension schemes is governed by their own scheme rules. Social insurance classification is not necessarily a feature of these rules. Having said that, it is the case that in certain circumstances public servants-----

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