Thomas Byrne (Meath East, Fianna Fail)

Judicial independence is a critical feature of any democracy. The independence of the Judiciary is enshrined in Article 35.2 and subsequent articles of Bunreacht na hÉireann. Article 35.5 provides that a judge's remuneration should not be reduced during his continuance in office. In light of this when the Oireachtas enacted the Financial Emergency Measures in the Public Interest Bill we specifically excluded judges, military judges and the President from the provisions relating to the pension levy. At the time there were widespread calls for judges to be included in the pension levy. I welcomed the announcement at the time by the Chief Justice that a voluntary scheme would be agreed between the Revenue Commissioners and the Judiciary. However, it was revealed recently that apparently, only 19 of the 148 judges have thus far agreed to voluntarily take part in the scheme. I presume this number does not include military judges. Nevertheless it is most disappointing from the point of view of the Oireachtas. It is also damning to the Judiciary. Failure to sign up unanimously to the voluntary agreement will affect the independence and respect of the Judiciary a good deal more than any forced pay cut.

I fully acknowledge the Judiciary cannot be in hock to anyone and especially not to the House. It must be completely independent. However, it must also have due regard, as it does on a daily basis, for the economic circumstances in which we find ourselves. I acknowledge and welcome the statement by the Chief Justice that he fully expects more judges to join the scheme. The Chief Justice further stated not much time had elapsed since the scheme details were sent to judges. It is critical from the point of view of democracy and the Judiciary that judges sign up fully to the scheme.

The Constitution does not foresee the introduction of a pension levy, such as that recently introduced, as an attack on judicial independence. It is similar to an income tax in that it has broad application. However, I condemn the comments of Deputy Enda Kenny today in which he made a similar argument but stated that the Government made a political decision to exclude judges from the levy. That was a disgraceful remark reminiscent of his allegations about an Anglo Irish Bank golden circle. He was against the pension levy at one stage but now it seems he is for it. If the advice from the Attorney General is absolute, as the Taoiseach today acknowledged, surely there is a case for a constitutional referendum, not to allow judicial pay cuts - I do not believe we should have these - but to allow broad based levies, such as the pension levy to apply to judges if they apply to everyone else in a particular sector.

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