Brian Cowen (Laois-Offaly, Fianna Fail)

As the Deputy is aware, the Attorney General has given his advice, having regard to the Constitution. As the Deputy is also aware, the case law interpreting that advice is confidential. The decision not to impose the pension levy on judges was made on the basis of that advice. The wording of Article 35.5 is clear. In express terms it imposes a prohibition on the reduction of a judge's remuneration during a judge's continuance in office. The remuneration has been interpreted in previous decisions as including pension rights and the protection in Article 35.5° provides for financial independence on the part of the Judiciary, which is a key component in judicial independence. As we all know, the separation of powers is fundamental to the Constitution. It is not appropriate for one organ of Government to interfere with the constitutionally protected rights of another organ of Government.

Things have moved on. The fact that the Chief Justice has been in touch with the Revenue and has provided for a scheme whereby he and his colleagues can arrange for a voluntary contribution of the order required is to be welcomed. It enables the Judiciary to make that contribution and I believe they will do so.

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