Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I do not have the full details of the new pension scheme to hand but can give the Senator some information that I hope will deal with some of his concerns. I assure the House that the provisions in respect of judges appointed from 1 January 2013 are not more advantageous than those applying to judges who were appointed at an earlier date. For instance, the full pension benefit now accrues after 20 years on the bench rather than 15, which was the case heretofore. That is the position on eligibility.

Some of the other points the Senator made on incapacity illustrate again the need for the judicial council legislation. One could imagine the council being able to deal with some of the issues that arise or the complaints. In this regard, I am not referring to assessment for incapacity. I appreciate the point the Senator is making on this. His point highlights the importance of having a judicial council in place that would serve as a formal forum for dealing with a range of issues and complaints that arise in regard to judges. We will have to determine the precise sections of the legislation. It is important that we move towards it. It touches on some of the areas the Senator raised.

Pension arrangements for judges are very complex and they vary according to the date of appointment. Pensions policy is primarily a matter for the Department of Public Expenditure and Reform, and we rely on its expertise. The term "incapacity" is drawn from existing legislation and it is not defined. I cannot speculate on its application in these circumstances but if the Senator wants further information on this, I will make sure he gets it.