A retired High Court judge, who got a €250,000 lump sum payment on retirement two years ago, plus €78,000 pension annually following 12 years on a judicial salary ranging from €165,000-240,000, has said his income is not "adequate" to meet the needs of himself and his family.
Barry White (71), a father of four, said in court documents “. . . my perception of adequate will not be shared by all workers” and is a relative concept measured partly against financial commitments made and a “particular way of living”.
While the extent to which a judge’s remuneration or pension is adequate may be “controversial”, there could be no controversy that, for Irish judges since 2009, it has been neither secure nor fixed, he said.
Unlike other workers in other professions affected by cuts, he was “uniquely affected” in being told he could not return to practise his chosen profession “to make better financial provision for myself and my family”.
He could never have anticipated, when he agreed to become a judge, his salary would suffer a 38 per cent cut and his annual pension entitlements would be reduced from an estimated €98,000 to €78,000, he said.
Affidavits by Mr White and the council were partly read on Wednesday in Mr White's continuing action against the Bar Council and Minister for Justice alleging decisions made by both have affected his bid to resume practice as a criminal defence barrister in such a way as to breach his right to work and earn a livelihood. The claims are denied.
In opening arguments for the council, Paul Sreenan SC said it was “very pleased” Mr White had withdrawn “very serious” allegations against it of infringement of competition law.
He rejected arguments by Mr White one of its rules governing membership of the Law Library breaches his rights.
Mr White claims the rule – which prevents retired judges practising in courts equal to or lower than where they presided as a judge – has lead to his not being listed by the Minister on the relevant panel eligible for work at the criminal Bar. In Mr White's case, the rule means he may only practise in the Court of Appeal and Supreme Court.
The council also contends Mr White has failed to prove he needs to resume work as a matter of economic necessity, Mr Sreenan said.
He said Mr White enjoyed a successful practice before being appointed a judge in 2002 in which position he earned an annual salary over 12 years ranging from €165,000-243,000 until he retired in 2014 with a lump sum payment of €250,000 and an annual pension of some €78,000.
The Bar Council also estimated Mr White’s share of the €11.5 million estate of his late mother was, after tax, “well in excess of €1 million”, counsel said.
Mr White had also said his wife is working outside the home but had not provided details of her earnings, he said. Mr White had said he too wanted to contribute to the household, this was about more than money and about the right to work and the associated sense of dignity, identity and fulfilment.
The case continues before Mr Justice Max Barrett.
