Alan Shatter (Dublin South, Fine Gael)

He is not here on a solo-run representing himself. He is here based on his remit to implement Government policy collectively made at Cabinet within the constitutional framework of the State. There is no reason a decision could not have been made during the course of the Cabinet's deliberations announced on Budget Day that a referendum will be held to extend, in times of emergency, the possibility of a public sector wage reduction to members of the Judiciary in the interests of fairness, nor is there any reason that announcement could not have been made in the House. The lame contribution of the Minister for Finance, Deputy Brian Lenihan, in saying he will set up a procedure to facilitate judges to contribute voluntarily to a pension levy and then remaining silent on the issue is yet another indication of the incapacity of the Government to join up the dots, to examine the issues comprehensively, to apply principles of fairness and do what is right.

I again ask the Minister to give the House a pledge that the Government will agree to hold a referendum on this issue in conjunction with the children's rights referendum and that the wording that will be put to the people will be that proposed in the Fine Gael Bill or a similar wording to ensure two matters, namely, that the independence of the Judiciary continues to be protected but, in times of economic emergency, the same wage, salary or remuneration reductions can be applied to them as are applied across the public service to those in receipt of an income of similar or identical nature to the Judiciary. It is a straightforward question.

If the Minister of State is telling us that the Cabinet has not even considered this issue almost a month after the Bill was published and got a first reading in this House, it is an indicator of how out of touch and incompetent is the Government. If the Minister of State has no riding instructions on this issue, perhaps he would send out for them. Perhaps a message could be sent to the Taoiseach asking that he clarify Government policy on this issue based on the debate that has taken place in this House to ensure that fairness applies, the issue is addressed and at the same time we protect judicial independence and the public esteem the Judiciary deserves in the context of the difficult and, on occasions, dangerous job we ask them to do.

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