Angry judges clashed with government over pay issues

The country’s judges were engaged in a long-running dispute with successive governments in the early 1980s over their pay and expenses.

Document released under the 30-year rule reveal the judiciary grew increasingly frustrated at the failure of governments led by both Charles Haughey and Garret FitzGerald to respond to their request for an increase in their remuneration.

It even led to one circuit court judge mounting a legal action in Jun 1983 in a bid to embarrass the government into action.

State papers show that the chief justice, Tom O’Higgins, first raised the issue of delays in adjusting judges’ expenses with Haughey in early 1982.

O’Higgins complained that some letters to the taoiseach were ignored and he was also disappointed at Haughey’s reply in June that year explaining there were some difficulties in making an order to adjust judicial salaries and expenses.

The country’s senior judges were also annoyed that they had to wait 21 Dáil sitting days after such an order was passed for any changes to come into effect.

The dispute related to the amount paid to judges to cover a study, library, heating, lighting, laundry, and compulsory payments to the King’s Inns, telephone, motoring, and other expenses.

The sum had been fixed at £2,500 in 1980 for all judges except the chief justice, who received only £1,250.

Following a change in government, the chief justice wrote to the new taoiseach, Fine Gael’s Garret FitzGerald, in Dec 1982 to complain about the “undue and extraordinary delay” in applying the public service pay agreement of 1981 to judges.

O’Higgins noted that Haughey had assured him in April that there would be no delay in the matter.

The chief justice said the delay of over 12 months in sorting out the issue was a cause of both concern and embarrassment to members of the judiciary

The taoiseach was advised that the cost of the measures was £240,000.

It was explained to FitzGerald by civil servants that the previous administration had presumably not proceeded with the increases in judges’ pay and expenses as it had proposed deferring the third phase of a national pay agreement.

In Jan 1983, High Court judge Liam Hamilton warned the government that its failure to grant the pay increases was discriminatory and unconstitutional.

The following month, the chief justice thanked the taoiseach for indicating that the matter would be resolved. However, O’Higgins also said he had been given a similar reassurance by FitzGerald’s predecessor.

In Jun 1983, the chief justice wrote to the taoiseach again to complain that nothing had happened despite FitzGerald’s promise.

Around the same time, a circuit court judge, Peter O’Malley, issued a plenary summons against the State, Attorney General, and the justice minister over the failure to be awarded a pay increase.

State papers showed that various government departments believed the judges’ request for a change to the procedure of granting them pay increases had legal and constitutional implications because they were linked to members of the Oireachtas.