Joan Burton (Dublin West, Labour)

I move amendment No. 5:

In page 4, line 30, to delete "as amended by" and substitute "inserted by".

This is a technical amendment. I am advised that Chapter IVC of Part V of the Defence Act 1954 was inserted by the Defence (Amendment) Act 2007, rather than amended by it. The Bill states that the definition of "public servant" does not include "the President, a member of the judiciary or a military judge". There is a profound case for asking why the Government decided to exclude the President, the Judiciary and military judges from the levy. I do not want to hear senior counsel arguments from the learned Minister for Finance to explain why judges, the President and military judges should be exempt from a measure that will affect hospital cleaners and men who work on shovels for local authorities. It is unfair that people who work hard but are paid low incomes will have to pay the levy, while an exemption is afforded to those who are paid the most and have the most support services. They have an elegant way of life and an elegant support system. They are given cars, for example.

If the Minister, who is a senior counsel, tells me that judges will take the State to court if they are required to pay this levy, I will respond by saying "bring it on". If the judges object to participating in the scheme, they are welcome to take a case to court. They will not be able to argue that the levy will reduce their income unless, contrary to what the Minister has said, it is actually an income-reducing device. As this is a charge, it should be paid by those who willingly pay all their taxes, pay their income taxes and pay every other charge that is levied on them. It is extraordinary that the Minister has decided to exempt some of the highest-paid people in the land from this charge. He might remind the House that some of the people in question have offered wage cuts voluntarily, but I would argue that voluntary wage cuts are neither here nor there, to be honest. If the Minister is to collect the kind of money he is interested in collecting and to nurture a sense of social solidarity, I suggest that he should include the President, the Judiciary and our military court judges in this scheme. I am confident that they will be proud to pay the charge being paid by their fellow Irish citizens. They are not like tax exiles who run away from paying tax. The Minister needs to explain why he is taking such a cowardly way out. Why has he decided to exclude high-flying people, who enjoy high-flying pay and conditions, from a levy from which county council workers and ward orderlies will not be exempt?

See this speech in context