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Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: The Deputy may not agree with me, in which case he can vote against this amendment or any other or indeed the entire Bill, if so he wishes. However, I wish to make that point. I wish to pick up on a point made by Deputy Burton. I regard myself as belonging to the social democratic tradition.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: I have more affinity myself with Berlin than with Boston, although I accept that may not be true of everyone on this side of the House.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: However, I believe there are merits in both systems and the Government has been trying, particularly through the social partnership system, to try to combine the best aspects of both systems. The American system may have been regarded up to now as being more dynamic, while the European model may have been regarded as being more socially caring. I refer to what is called the social market...

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: No, with regard to pay.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: Briefly, Members must revert continually to the background to this legislation and to the budget. Do we wish to manage our affairs ourselves or not? Alternatively, do we wish to show ourselves incapable of so doing so and let someone else take over?

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: This is about the solvency and economic independence of this State and whether we will be able to honour the cheques we write. These are necessary but painful measures and while the concentration has been on cases of low-paid or part-time workers and so on-----

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: -----it affects more than 300,000 people, the majority of whom do not fall into that category.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: I absolutely disagree.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: The Taoiseach will get immense credit for having had to take extraordinarily difficult measures.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: He took on the challenge in a way the Government of 1982-87 did not. It failed the challenge.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: I accept that.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: It is 50% more.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: I have listened with respect to what has been an important and substantive debate, particularly to the views of Deputy Shatter, who has a reputation as a legal and constitutional expert, and to those of other Members, including one or two with a legal background. Contrary to what was insinuated at the beginning, and at the risk of my falling into what the Taoiseach calls the trap of denial, I...

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: Otherwise, my ambition is to avoid appearing before judges. I have only twice appeared before a judge, one a German judge and the other an Irish judge, and I did so as a consular official. Judges are well paid as a means of guaranteeing their independence. Over the years, a factor has been the money it is possible to earn at the bar. In the context of tribunals and in other contexts, this...

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: I listened in total silence to many contributions. Can I finish mine, after which the Deputy may comment?

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: Regrettably, both of the proposed amendments conflict with the constitutional position of the Judiciary because they would reduce the rates of remuneration of judges generally or specifically and cannot be legally accommodated within the Bill. The emoluments and allowances of the President cannot be diminished during her or his term of office. The Constitution states: "The remuneration of a...

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: Correct.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: Once again there has been an interesting debate on a number of points. I refer to Deputy Burton's amendment related to the Minister's clause in the finance Bill on the waiver system. That measure will draw more broadly, rather than simply from the Judiciary. It will achieve the same effect as the Deputy's amendment, but without running into constitutional problems.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: In respect of Deputy Barrett's point, the Constitution expressly prevents a reduction in judges' remuneration. It says nothing about increases in remuneration and in years gone by there would have been periods during which no increase was applied to the remuneration of judges and other categories of public servant. It is not discriminatory to take account of past events in setting future...

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Committee and Remaining Stages (16 Dec 2009)

Martin Mansergh: Deputy O'Donnell referred to a matter related to Ministers of State and this will be dealt with in amendment No. 16. The matter will be covered. It was never the intention that names or references to which judge claimed the waiver would be mentioned but rather the aggregate numbers and amounts would be recorded. Another question related to whether the Government's amendments would apply to...

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