Reductions in judges’ pay not yet ruled out

THE Department of Finance has insisted it has not yet ruled out an attempt to cut judges’ pay.

The department’s position would seem at odds with that of Taoiseach Brian Cowen, who indicated last week that the Government would leave judicial salaries untouched because of the constitutional difficulties involved.

Article 35.5 of the Constitution states: “The remuneration of a judge shall not be reduced during his continuance in office.”

Referring to the issue in the Dáil, Mr Cowen said it was important to “respect the constitutional provision regarding the independence of the judiciary”.

He was responding to Fine Gael leader Enda Kenny, who asked if the Government was considering amending the Constitution to reduce judges’ pay.

However, despite Mr Cowen appearing to draw a line under the issue, the Department of Finance has insisted no decisions have yet been taken.

“We’re not ruling anything in or out at the moment,” a department spokesman said. “We will be guided by what’s in the report.”

That was a reference to the report of the Review Body on Higher Remuneration in the Public Sector, which was asked by Finance Minister Brian Lenihan earlier this year to compare the pay of senior public servants with their counterparts in comparable European countries.

Judges’ pay formed part of the review, and the report is now with the minister.

But the spokesman said Mr Lenihan had yet to consider the document because other issues had taken priority, such as the NAMA legislation and estimates process.

It will be a surprise, however, if the Government does attempt to force through a cut in judicial salaries, particularly given Mr Cowen’s comments. Instead, it may be reliant on the judges themselves volunteering for cuts.

A similar voluntary system was put in place earlier this year to allow judges pay the public service pension levy, but recent figures showed just 72 of the country’s 144 judges had signed up to the scheme to date.

“While we want to ensure that everyone participates in any effort we are making to show the wider public that we are all of the one mind in terms of our preparedness to reduce people’s remuneration, it is important that we respect the constitutional provision regarding the independence of the judiciary,” Mr Cowen said. “It is a fundamental bulwark of our system.”

When Mr Kenny pushed him on the issue, Mr Cowen referred to the fact that the Chief Justice had put in place the voluntary scheme with the Revenue Commissioners allowing judges to take the pension levy.

However, Mr Kenny pointed out just half of the country’s judges have signed up to that scheme so far.