Andrew Doyle (Wicklow, Fine Gael)

Although the Minister of State referred in his response to all the legal references to the Constitution he just about mentioned fairness . I will give the layman's position on this. The Constitution appears to protect the privileged. While justice is about fairness, unfortunately, it does not seem to win out in this case. The Minister of State said the whole purpose of protecting judges against a pay cut is to protect them against any undue hostility or reward from the Government of the day. However, the Government has singled them out here. All Members of the House have received correspondence in regard to the two Bills recently introduced in this House in respect of pay cuts, namely, the Social Welfare and Pensions (No. 2) Bill 2009 and the Bill now before us. I vouch that next week they will be contacting us about what is happening in regard to the banks and the privileged, namely, judges. It will be difficult for judges to sit in their courts and sentence people in respect of minor or major indiscretions and so on, as in the case of the clerical hierarchy of this country to say, "Let he who is without sin cast the first stone". Respect for the Judiciary will be lost. It is unfortunate that this issue has come before this House for discussion in the manner it has. Taking this to its logical conclusion, it appears to me that the Minister for Finance could come into this House in the future and say he or she is raising the rate of tax by 2% on the marginal rate and will be excluding the Judiciary in that regard. Perhaps the Minister of State will clarify that point.

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