Dara Calleary (Mayo, Fianna Fail)

The result of the recent referendum on judicial pay was overwhelming but we should be clear on the nature of that message. The people sought for remuneration levels in the Judiciary to be reduced in accordance with those in the public service. However, they want and remain in favour of an independent Judiciary. I caught the end of Deputy Ross's remarks. He left the matter hanging. It is the case that there have been political appointments to the Judiciary in years past but he cannot point to anyone who served anything other than the interests of the State once they took up their appointment. This has been the great tradition of the Irish Judiciary since the infancy of the State. They have served the interests of the people and the citizens of the State regardless of their political background or of who appointed them. The Judiciary provides the essential checks and balances for this House and the system in this House, which is Executive dominated, regardless of who is part of the Executive. Throughout the decades the courts have acted consistently as the essential check and balance on that power and the power of this House and we must ensure this continues.

The danger with the legislation and the process as currently framed is that a future Cabinet or House may decide that a member of the Judiciary or those in the Judiciary in general are getting too big for their boots, that they are acting in the interests of citizens against the interests of the Government and may decide through some back way to reduce the remuneration as a means of keeping them in check and in balance.

I do not doubt the bona fides of most of the current Government in this regard and in particular the bona fides of the Minister. However, the reaction of another Minister to the views of certain former legal officers of the State during the recent referendum shocked many people. It was not so much his reaction, because we are used to that, but the manner in which he attacked them rather than the message.

In 20 or 30 years time, long after we have all left here, there may be 15 of that type of person around the Cabinet table and we will not know what will happen. The right and power of the Judiciary to act independently in the interests of the State may, at some stage, become undermined unless we put some sort of safeguards in place.

I ask the Minister to examine the Bill, which I am aware is being passed very quickly, and consider setting up an independent judicial remuneration commission such as exists in a number of countries, including Canada. If a request is submitted to review the pay of the Judiciary in the context of a public service pay review or any other context an independent commission, comprising people of good standing, should be established to examine that.

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