Ivana Bacik (Independent)

I join in congratulating Senator Trevor Ó Clochartaigh and his family on their new arrival. I welcome the new format announced by the Leader for today's discussion with the Minister for Agriculture, Fisheries and Food. A question and answer session has the potential to be far more productive than the traditional set-piece speech from the Minister.

I welcome the appointment of Mrs. Justice Susan Denham as Chief Justice of the Supreme Court. Mrs. Justice Denham has a great track record of reform and will be a popular and worthy choice. It is also something of note that she will be the first woman to serve as Chief Justice in the State. In the context of that welcome announcement, I ask the Leader for a debate in the next term on the proposed referendum on judicial pay about which there has been a great deal of controversy. This House has a worthwhile role to play in debating the appropriate wording of the referendum proposal on reductions in judges' pay. I took a view when the issue was first mooted some time ago that it was not necessary under the Constitution to have an amendment in order to reduce judicial pay if it were done as part of a public sector levy or tax. Several lawyers agreed with that interpretation, but the then Attorney General took a different view, as does the current Attorney General.

Given that a referendum is now promised, we must be careful to ensure the wording is tight enough to safeguard any abuse or singling out of the Judiciary. There is not much public sympathy for judges in respect of the reported opposition to the referendum, but it is important that we get the wording right. This House could play a useful role in debating the appropriate wording. That debate might include a review of the 2009 Private Members' Bill introduced in opposition by the Minister for Justice and Equality, Deputy Alan Shatter, in which he put forward a much tighter wording than that currently being circulated. This is an important issue regarding the separation of powers and the role of the Judiciary within State structures. We must have a comprehensive, careful and informed debate. This House is a suitable forum for such a debate and it should take place in early September.