The object of this Bill is to provide a means whereby any particular class of ministers of religion who are engaged on pastoral duties may be covered by the social insurance scheme as employed contributors when the appropriate authority or body acting on their behalf has sought their admission to that scheme. I trust that the explanatory memorandum circulated with the Bill will assist Senators to understand more readily the somewhat technical provisions of the Bill.
Under existing legislation all persons in religion whether doing pastoral or other duties are specifically excluded from participation in the social insurance scheme. The reasons for their exclusion are complex but broadly speaking stem from the fact that such persons are not employees in the commonly accepted sense even though some are paid by fixed stipend or salary.
While there was no evidence of dissatisfaction in the past with the exclusion of clergy from the social insurance scheme, the Representative Body of the Church of Ireland has in recent years been pressing for the admission to that scheme of their ministers of religion who are engaged on pastoral duties. I am satisfied that the continued exclusion from social insurance of such clergymen, many of whom are married with family responsibilities, can no longer be justified.
Normally the admission of an excluded class of persons to the social insurance scheme is a fairly straightforward matter. The inclusion is effected by adding the employment of the class to the statutory list of insurable employments. The adoption of this procedure in relation to the admission to insurance of a specific class of ministers of religion has not however been possible. Such a step would create difficulties in view of Article 44.2.3º of the Constitution, which reads:
The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.
In any event it is not intended that the Bill should provide that only one class of ministers of religion would be enabled to join the social insurance scheme.
The Bill therefore proposes to remove the barrier standing in the way of any class of ministers of religion engaged on pastoral duties in respect of whom the appropriate church authority makes representations that they should be insured. This method, which I am advised is free from constitutional defect, will permit the relevant authority of any religious denomination to seek to have its ministers of religion brought within the social insurance scheme if it so desires.
Any class of ministers of religion which may become insured under the provisions of this Bill will be covered for all the usual benefits except unemployment benefit and occupational injuries benefit, and accordingly the rate of insurance contribution payable is being appropriately reduced.
I have much pleasure in recommending the Bill to Seanad Éireann for favourable consideration.