Joan Burton (Dublin West, Labour)

Will the Minister make available the advice of the Attorney General on this matter? I have been advised that it would be possible to include a clause in this Bill which would allow for a voluntary opting in by the Judiciary to this arrangement, and by the President as well. I have no doubt that the President would opt in to such a scheme, and I believe that the majority of the Judiciary would also opt in to such a scheme. It is astonishing that the Minister has not been more innovative in providing for this. High Court judges earn well over €200,000. They have tipstaff and allowances for a car, and their remuneration package is very attractive. It may not be as much as they earned as leading senior counsels, but by the standards of some of the people who will pay this levy, their earnings are extraordinarily high.

All this proves to me that the view of the Attorney General is essentially that this levy has nothing to do with pensions, but is rather a charge on the income of one class of persons, namely, public servants. As such, it is a substitute for taxation. Were the Minister to raise the top or bottom levels of PAYE, I understand that the President and the judges would be automatically subject to those increased rates of tax.

There is such a thing as a moral authority in any country. I cannot understand how the Government can do stuff like this while talking to us about a national emergency. Nothing in law prevents the Minister coming forward by Report Stage tonight with a voluntary arrangement, an amendment to this Bill to make specific provision to allow the President, Judiciary and military court judges to opt in. That is my legal advice. They are all very learned legal people and if they have a problem with that, there are plenty of lawyers to take the case.

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