Judges should agree to take a cut in salary

IN the new pensions levies act all public servants — even those on very low wages — will be subject to this new levy, which is in essence a pay cut.

Exempted though are judges and the president

All judges are well paid — district court judges get €147,000 per annum; circuit court judges €177,000 pa; high court judges €243,000 pa; supreme court judges €257,000 pa and the chief justice €295,000 pa.

As well as huge salaries, judges also get generous travel and subsistence expenses, mobile phones, State-supplied drivers (from circuit court up) and other benefits. Under the constitution, the State cannot reduce the president’s or judges’ salaries.

Yet Mary McAleese has voluntarily accepted a wage cut. The constitution was quoted in support of the new act’s stance as regards judges.

However, this decision is very questionable as it is not a pay cut and runs contrary to a former Supreme Court decision in O’Byrne v Minister for Finance in 1959 where a challenge was taken to judges paying income tax. It is also contrary to decisions in other jurisdictions. So the advice the Government is relying on seems to be flawed. This levy would fall into the same category of tax.

As a responsible group, no doubt judges will want to be treated like the rest of the public service. As the State cannot reduce their salaries as such and as people concerned with justice, I have no doubt they will want to play their part in our hour of need. So they can voluntarily agree to a wage cut and this will get over any constitutional prohibition that may exist.

I have no doubt their lordships and ladyships will do this. Spurious arguments such as their independence might be compromised will not wash. Judges may be indicted if they do not play their part and could end up in the dock of public concern.

So come on, judges...

Brendan Cafferty

Creggs Road

Ballina

Co Mayo