Dáil debates

Wednesday, 14 September 2011

An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Twenty-Ninth Amendment of the Constitution (Judges' Remuneration) Bill 2011: Committee and Remaining Stages

 

9:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

I thank Opposition Deputies for their support for this Bill. I reiterate what I said at the start, that it is of crucial importance that we continue to maintain and protect the independence of the Judiciary. On Second Stage, Deputies referred to the importance of the separation of powers between the Executive and the Judiciary. When this proposal goes to the people in a referendum, it is important - particularly for Members of this House, including members of the Government - that we have a respectful public discussion. We should show due respect for the independence of the Judiciary. We need to deal with this issue in the way intended, which is to provide for fairness in the context of those who are paid from the public purse at a time of great fiscal difficulty for the State. It is right that in this discussion we should recognise the integrity and independence of judges at all levels within our courts system.

I would go further in citing the bravery that is exhibited with that independence on occasions in the context of some of the more difficult issues that judges have to address in the area of criminal law over the years. On occasion in decades gone by, judges may, in hearing particular cases, have feared that they were placing themselves at risk. As far as I am aware, however, no judges have ever shirked their responsibilities, obligations or constitutional oath to uphold the law. It is my hope that, as we move forward with this particular issue, whatever small amount of heat that seemed to be generated around it back in July, will not reappear. We should have an open discussion in so far as the public may wish to hear what we are doing and be informed. On this particular issue, we will do it on a co-operative basis across both sides of the House.

I thank Opposition Deputies not just for their support today on the principles of the Bill, but also for supporting the amendments we are making.

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