Jerry Buttimer (Cork South Central, Fine Gael)

I welcome the Minister and thank him for bringing this Bill before the House. I also welcome the commitment by the Deputies opposite to join the Government in supporting this referendum. Their U-turn is to be commended and I congratulate them on their belated conversion to political correctness. I hope they will campaign with vigour and enthusiasm in bringing the message to their constituents that all citizens, as taxpayers, must be treated fairly and equally. The Minister has held that viewpoint for two years, but it has taken Members opposite the same time to reach that level of thinking.

It is regrettable that this Bill must be brought before the House today. Members of the Judiciary, as leaders in society, should have shown leadership on this issue without the requirement for constitutional change. Some of them have done so. I single out the new Chief Justice, Mrs. Justice Susan Denham, in this regard in respect of her decision not to take the incremental pay rise for which she was eligible on her appointment. In forgoing that payment she showed leadership. The Minister too has shown leadership on this issue, as have members of the public service in taking voluntary pay reductions. Everybody must be treated with respect and fairness. In this time of economic crisis, nobody must be immune from the decisions of Government.

The proposal before us is aimed at achieving equality between all taxpayers and ensuring no sector is sheltered from economic pain. Those who hold high office and who are paid extremely well for so doing - I include Oireachtas Members in this - are expected to recognise their own privileged positions and to accept their civic duties. This is particularly so in the case of the Judiciary. It is important and proper that judicial independence is maintained and that Article 35.5 of the Constitution is protected. However, it is also important that the people be given the opportunity to decide whether judicial pay should be amended in line with that of other public sector employees. It is incumbent on those in high office and on us as Members of this House to show leadership and to bring the people with us.

Nobody on this side of the House is seeking to interfere with the independence of the Judiciary; that is not what the referendum is about. Rather, it is about fairness and equality and ensuring that everybody plays their part in our country's economic recovery. Judges are expected to be above reproach and are required to interpret laws, pass judgment, impose punishment and exhibit compassion in so doing. While we rightly demand high standards of them, we also require members of the Judiciary to be an integral part of our society, cognisant of the tribulations and difficulties endured by families on a daily basis. We are fortunate to have an excellent Judiciary. Its members do a tremendous job in administering justice in a fair and balanced manner.

Now we are asking them to play their part in restoring the national economy. Fortunately, 85% of judges have recognised the problems posed by the constitutional anomaly and have assisted in restoring the country's finances by voluntarily accepting the imposition of levies and changes. Those 121 judges exemplify the civic awareness which society expects of its Judiciary. If this referendum is passed, there will be a further sharing of the burden on society.

In contrast to what Deputy Charlie McConalogue has claimed, the Minister, Deputy Alan Shatter, has shown tremendous stewardship of his Department. He has been a proactive Minister and his record in his first six months in office is there to be examined. I challenge the Deputy to examine that record and will debate it with him in any forum. This referendum deserves to be passed. It is not a referendum on judicial independence; it is about ensuring equality for all citizens and taxpayers.

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