Gerard Craughwell (Independent) | Oireachtas source

The Minister is very welcome to the House. I submitted an amendment on section 14 of the Bill, which deals with the dreaded class K PRSI. It has been ruled out of order because of the cost to the Exchequer.

Members of this House who have gone to the dentist to get their teeth cleaned have come to me about PRSI. They are paying €386 in PRSI and cannot get dental care. It was suggested in a rebuttal here last year that we can make voluntary contributions. I ask those advising the Minister whether they would be prepared to pay 4% of their salaries in PRSI contributions and then pay another €5,000 in voluntary contributions. According to the Department, if you have been paying PRSI at class A, you cannot buy at the lower rate; you must make voluntary contributions at the higher rate.

We have already been down in the Four Courts about this issue concerning county councillors, and the Minister's Department settled the case. Has she been advised on the constitutionality of class K PRSI? Has her Department been advised it is unconstitutional? Nobody I know of would pay for an insurance policy on which they could never draw down. Can you imagine having an accident in your car and being told by the insurer it is not covered as part of your policy? Can you imagine being told that you cannot claim on your policy if your house burns down because it is just a contribution? If the State wants to tax me for being a Senator, it may do so. It could make provision for this in the Finance Bill. If I am charged 4% of my salary for the pleasure of being a public servant, I will happily pay it because I have a very wonderful career here that gives me an opportunity to speak to Ministers face to face; however, for God's sake, let us not try to pretend to anybody that class K is pay-related social insurance. It is not and cannot be under any circumstances.

I have been raising this in the House every year in discussions on the Social Welfare Bill and asking for an amendment so we may be treated the same as any other workers in the State. I am deeply disappointed a decision has been taken not to repeal class K and put us on the same footing as any other workers in the State. I have been forced into circumstances in which I have to put my family's welfare at risk because I am not going to sit down under this. I will take this matter to the High Court. Has the Minister been advised by her officials as to the constitutionality of class K PRSI? This is something we need to establish straight away.