Brian Lenihan Jnr (Dublin West, Fianna Fail)

The rationale for the exclusion of members of the Judiciary from this legislation is that judges are different to other civil servants, primarily because they are appointed under Article 34 of the Constitution, which guarantees their tenure and terms of office. Their conditions cannot be varied by Acts of the Oireachtas. The retirement age for judges of the District Court is already 65 but for those in the Circuit, High and Supreme Courts it is higher. The position is the obverse of that with which this legislation deals.