Clashes over exemption of judges from public pay cuts

A DEBATE on a proposal to cut the salaries of judges prompted a clash between two Opposition TDs, as the Dáil passed by 80 votes to 69 the legislation reducing the pay of public servants.

Cork East Labour TD Seán Sherlock said “we need to start slaughtering a few sacred cows in this great republic of ours”. If Ireland was a republic and was to cherish everybody equally, “we should have no qualms in these troubling times” about reducing the salaries of the judiciary.

“When somebody in the public service has to incur a cut of €1,500 in his or her salary and a member of the judiciary is exempt by virtue of a constitutional arrangement, that speaks volumes about the nature of the society in the Republic.”

Mr Sherlock added: “I believe we are unduly deferential to people who hold such positions. While we are respectful of the role they have, and of the constitutional arrangements as regards the separation of powers, I do not believe they should be exempted from such cuts by virtue of a legal advice that has been given to the Government.”

Fine Gael justice spokesman Charlie Flanagan was critical of the debate being discussed “in terms of slaughtering sacred cows and attacking members of the judiciary. It is unhelpful and also unfair because this issue has not been caused in any way by judges.

“It is extraordinary that the Government has done very little to redress the imbalance. The preservation of judges’ independence is essential, and I hope that is a given from all sides of the House.

“A direct consequence of that independence is the matter of public respect and esteem, which must not be damaged or diluted in any way.”

He continued: “It was unfair that there should be what, in effect, is a most generous exemption for certain public officials, namely judges. It is simply unfair.”

He asked why the issue had not been dealt with in a better way than “allowing a situation to develop where we have a weekly media circus in the form of a league table of how many District, Circuit, High or Supreme Court judges have or have not made a voluntary contribution.”

Labour’s finance spokeswoman Joan Burton introduced an amendment to the Financial Emergency Measures in the Public Interest (No 2) Bill, calling for judges’ pay to be cut. “The part-time cleaners in the courts, the gardaí, the tipstaff and clerical staff in the courts, will all be taking the hit. The judges will have a choice.”

Alan Shatter (FG) said there needed to be a referendum on the issue. “There is a serious danger that not only will the judiciary be damaged by being excluded from this, but it will also be brought into disrepute within the public mind.”

Minister of State for Finance Dr Martin Mansergh said: “A great many judges would prefer if there was no exemption for them. A very real issue of fairness arises.”

He added: “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.”