Seán Barrett (Dún Laoghaire, Fine Gael)

I support the proposed amendments on this matter. While I do not wish to repeat what has been said, I do not believe the late President, Éamon de Valera, when he was drawing up the Constitution ever intended that it be interpreted in this way. However, I suppose he never anticipated that his own party would ultimately bring about such a situation in the economy resulting in the need for us to cut public servants' pay in a manner such as this. One way or the other, we should proceed, let a challenge be taken if people want to do so and let the courts decide. It is a fanciful interpretation of the Constitution to interpret that cutting judges' pay, as is happening for every other public servant, is not permitted in accordance with the Constitution. I would include the President in this. However, I acknowledge that the President and some judges on a voluntary basis have taken a pay cut. However, all of us public servants, from the President to the low paid in the public service, should be included.

Why should a military judge also be excluded? Where does the Constitution specify that a military judge should be excluded? It brings resentment and does not do any good to the office held by these individuals. I am sure that the individuals in question do not want this and would prefer to be treated like everybody else. As has been pointed out, in a courtroom the gardaí standing at the door or giving evidence will have their pay cut and the person sitting on the bench will get no cut. The clerk sitting in front of the judge is taking a pay cut. It is ridiculous and unsustainable. I suggest that everybody be included and as Deputy Bruton has said if somebody wants to take a challenge, so be it.

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