Seanad debates
Wednesday, 21 September 2011
SCHEDULE
My amendment proposes a number of changes. It is clear from it that I have no objection at all to the principle of retrospectivity and the effect of pay cuts which have been imposed on sections of the public sector and the pension levy should apply prospectively from the enactment of the legislation following the referendum. It is retrospective without applying the loss of income retrospectively. However, there is a vagueness about the proposed wording, which is troubling, given this is a proposal to amend the Constitution and the vital issue of the independence of the Judiciary is in play. While I do not doubt the Government's sincerity in saying it had no desire to tamper with the Judiciary's independence, we must proceed cautiously and with great precision in the wording of what we propose to allow, particularly because there is a retrospective dimension to the legislation that will follow the referendum, if passed. That is a rare phenomenon and, therefore, gives all the more reason for caution.
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