A MEMORANDUM is to be brought before today’s Cabinet meeting proposing that a referendum be held on judges’ pay.
Minister for Justice Alan Shatter is believed to be optimistic that the referendum will be held this year and a Government source said it would be logical to schedule it at the same time as the presidential election.
This is a different proposal from the measure expected to be introduced by Minister for Public Expenditure Brendan Howlin to reduce pay rates for newly appointed judges.
Mr Shatter’s proposal would also apply to the salaries of existing judges. Under existing constitutional arrangements, pay cuts imposed across the rest of the public sector do not apply to the judiciary.
The constitutional provision is intended to protect the independence of the judiciary and prevent governments from imposing pay cuts as a reprisal for judgments with which they disagree.
The new proposal, if approved, would result in judicial salaries being reduced only in the context of a cut in pay for others on similar incomes.
The programme for government states that priority will be given to a referendum to amend the Constitution to allow salaries of judges be reduced in restricted circumstances as part of a general lowering across the public sector.
The previous government planned to bring in a 10 per cent reduction for new judges but the measure was never implemented.
If, as expected, the Government gives its approval, the Minister’s memo will go to the office of the Attorney General. Article 46 of the Constitution requires that any proposed amendment must be introduced initially as a Bill for approval by the Dáil and Seanad.
The law provides for the establishment of an independent referendum commission to prepare and disseminate information.
This is chaired by a former Supreme Court judge or a serving or former High Court judge nominated by the Chief Justice, the Comptroller and Auditor General, the Ombudsman and the clerks of the Dáil and the Seanad.
Speaking last week at the launch of a report on the legal profession, Mr Shatter said: “The proposal to be brought forward will result in salary reductions impacting on judicial salaries to the same extent as others on similar salary levels have been impacted.
“However, there can be no question of any nature, in the context of any change in this area, of placing this or any government in the position whereby, if you don’t like a judgment delivered by the High Court, you can wake up one morning and decide to reduce someone’s salary. That is not going to happen.”
Chief Justice Mr Justice John Murray said recently that the judiciary had never expressed any objection to such a referendum.
