Brian Lenihan Jnr (Dublin West, Fianna Fail)

The standard position on the specific queries is that judges can pay a pension contribution if they opt into the spouses' and children's pension scheme. The same constitutional provision applies to that particular scheme. The constitutional position is clear and the Government has been advised by the Attorney General on this issue. It is not a matter the Government has any power to vary. The only basis upon which it could be varied would be by a referendum of the people. The constitutional provision is very clear, as it is remuneration that cannot be reduced. The view of the Attorney General is that the contribution is a direct deduction from the remuneration.

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