Alan Shatter (Dublin South, Fine Gael)

I propose to take Questions Nos. 43 and 71 together.

The Government is committed, in line with our undertaking during the recent general election campaign, to bringing forward a constitutional referendum to allow for reductions in pay for members of the Judiciary in circumstances where it has been necessary for the State to engage in financial emergency measures in the public interest.

While it is generally well known that the public service pension levy has not been imposed on members of the Judiciary it has been less generally recognised that there have also been two pay cuts across the public sector, neither of which has been applied to judicial salaries. This has led to considerable disparities between judicial pay and that of other senior officeholders in the State with whom they would have been linked for pay determination purposes in the past. In all fairness, it should be noted that a majority of the Judiciary has voluntarily contributed sums equivalent to the pension levy. It is vital, however, for the independence of the Judiciary that it is not perceived as a group of officeholders who are uniquely insulated from the economic crisis which is detrimentally affecting the lives of all our people.

The date for holding the referendum remains a matter for decision by the Government pending full consideration in consultation with the Attorney General of the details of the necessary legislation. As the Deputy will be aware this is an issue I previously addressed when in Opposition by publishing a Private Members' Bill. The detail of the legislation required is being considered further by the Office of the Attorney General and a referendum will be held as early as possible.

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