Alan Shatter (Dublin South, Fine Gael)

It is important to understand that the proposed amendments will allow for the application of the reductions already imposed on the public service on serving judges. The draft wording adheres, in effect, to the test outlined in a leading Canadian judgment - Queen v. Beauregard 1986 - in which it was stated:

If there were any hint that a federal law dealing with these matters was enacted for an improper or colourable purpose, or if there was discriminatory treatment of judges vis-À-vis other citizens, then serious issues relating to judicial independence would arise and the law might well be held to be ultra vires.

There is nothing punitive or excessive envisaged in the draft text. Instead it is proposed that the pay of serving judges will be reduced by the same percentage as public servants on equivalent earnings. To that extent their salaries will be treated proportionately in the same way as the lowest paid officials. If the referendum is carried, the reductions will apply from the date the legislation is enacted - it cannot be applied retrospectively.

As Deputies will be aware, Bills to amend the Constitution are published bilingually in both Irish and English.

See this speech in context