Martin Mansergh (Tipperary South, Fianna Fail)

In respect of Deputy Barrett's point, the Constitution expressly prevents a reduction in judges' remuneration. It says nothing about increases in remuneration and in years gone by there would have been periods during which no increase was applied to the remuneration of judges and other categories of public servant. It is not discriminatory to take account of past events in setting future rates of remuneration. Indeed, this is what the review body does when considering variable rates of adjustment to the pay at higher levels in the public sector. As indicated by the Minister for Finance, the Government route will be to establish a waiver system. On behalf of the Government, I put on record that I hope everyone concerned will take up that waiver. It has been reflected in the discussion and I have pointed out already that the fairness issue was dealt with by the review body and the difficulty in this regard relates to a constitutional impediment given the way in which the Constitution exists in its current format.

I am not empowered to pledge a constitutional referendum but there is nothing to stop the people on the opposite side of the House from tabling a question to the Taoiseach to establish whether it is his intention to hold a constitutional referendum on any matter. Any such matter would be addressed by the Government when an Opposition Bill reaches Second Stage. I presume that will take place early in the new year, but that is a matter for the Opposition.

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