Dáil debates

Wednesday, 14 September 2011

An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna), 2011 — An Dara Céim / Twenty-Ninth Amendment of the Constitution (Judges' Remuneration) Bill 2011 — Second Stage

 

6:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)

I wish to share my time with Deputy Patrick O'Donovan.

I welcome the opportunity to speak on a Bill which I have supported since the Minister initially proposed it two years ago in Private Members' time. I congratulate him on the presentation of this Bill, which he has spent a considerable amount of time preparing. It is vital for this Government to give people an opportunity to make an amendment to Bunreacht na hÉireann. It would be satisfying to follow through on another mandate from the people to bring judges' remuneration in line with other public servants.

Many people are angry and see one rule for the Judiciary and another for everybody else. Judicial independence is of vital importance and must be retained and protected. The separation of powers requires an independent Judiciary and this referendum will not diminish judicial independence.

The issue of judicial pay needs to be addressed. Currently, judicial salaries remain in bubbles which have well and truly been burst. Irish judges are among the highest paid in Europe and we are all well aware that this is simply unsustainable. However, it is important to note that this legislation does not seek to target judicial salaries in an unfair manner, but rather bring those salaries in line with other public servants and that they accept the reductions as other public servants have.

I am sure most people will see that this level of objectivity will reinforce the independence of the Judiciary. I welcome the fact that the vast majority of the Judiciary does not oppose this referendum and most have made voluntary contributions to the Exchequer in recent years. However, this issue cannot be allowed to remain an optional choice for the Judiciary when it is a compulsory requirement for the rest of the public service. If this amendment is approved by the people, a saving of €5.5 million per year can be achieved.

It is generally accepted that public sector spending and public sector salaries went out of control under previous Administrations. After studying Irish figures in an international context, it is no surprise that we are still battling to bring public service expenditure under control given the problems we have inherited. At this point, it is hard to justify Ireland's high ranking among our OECD counterparts when it comes to the judicial earnings. In this area there is a stark difference between us and many of our neighbours in the EU.

If this amendment is successful, it will not interfere with the impartiality or freedom from influence of those on the Bench. When a nation has a politically independent Judiciary, what matters primarily for the citizen is accessibility of the courts. However, this has been a problem in my constituency of Wexford and my town of Enniscorthy. I agree with the Minister's sentiments that public respect for the Judiciary must be maintained and that this would be more difficult if they were immune from the economic reality in Ireland.

I have supported the Minister's proposal in this area since he first introduced his Private Members' Bill to the House two years ago. I am aware from my role as Government Chief Whip that this is a carefully drafted Bill. Although the polls show that the majority are in favour of this referendum, I have urged all my constituents to study the literature they will receive over the coming weeks on this referendum before exercising their democratic right. With the public fully aware of the proposal, I am fully confident the referendum will carry the amendment.

The issue of judicial salaries is not a new topic for discussion in this House. In the fourth Dáil, Deputy William Magennis said that it is an elementary fact of psychology that nothing gives much independence to the character of a man as the knowledge that so long as he discharges his duties efficiently, he has an adequate salary. I do not think any member of the Judiciary could dispute that he or she will not receive an adequate salary if this amendment is endorsed by the people.

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