Sharing the pain - Judges’ pay law must be changed

THERE is something quaintly charming, something from the times of duelling pistols and public hangings, child chimney sweeps and deportation to Van Diemen’s Land for snaring a rabbit, about the notion that members of the judiciary might make “voluntary contributions” in lieu of the public service pension levy.

It must be hoped that the difficulties faced by those outside the public service might be considered, however briefly, by their lordships as well.

It is, in these difficult times, very hard not to cry – or, more likely, laugh despairingly – when you consider that this privileged, cosseted group are left to decide what they might do to play their part in resolving our financial difficulties. No such latitude was extended to the tens of thousands who have lost their jobs, nor was it extended to individuals who saw their modest incomes evaporate as bank shares collapsed.

The decision of just 19 of the State’s 148 judges to make any contribution – though others may yet deign to make one – shows a contempt for the society they are supposed to serve, the citizens that they are supposed to protect, that borders on patrician disdain.

It is not quite on a par with a famine landlord deciding if he will feed his starving tenants, whether he will give them coffin-ship tickets for Ellis Island or just let them try to sustain themselves along the long acre but it is getting there.

And of course the honourable m’lords are not the only group to squeal when it becomes their turn to take a bit of pain.

We have seen outraged pensioners, no matter what their income, threaten anarchy over medical cards. We have heard of gardaí saying that they won’t be in a rush to respond to calls because of pay cuts. We have heard teachers saying a reduction in their income will have an impact on the education our children can expect.

Most amusingly of all we have had RTÉ “personalities” defend incomes well north of €400,000 despite the fact there is no possibility of another Irish broadcaster even matching fractions of those figures. We have had hospital consultants and third-level academics defend salaries double those available in comparable situations all across Europe.

However, in defence of the judiciary they must deal with other members of the legal profession – lawyers and barristers – many of whom make more than a judge. That, however, is a comparison not a defence or justification for some sort of parallel scale.

As ever the real story here is not the judges, who will endure a few days in the glare of angry comment and blathering from politicians but they will remain untouchable.

Already two members of cabinet – Minister for Health Mary Harney and Minister for Defence Willie O’Dea – have expressed their disappointment with the lack of response from the majority of judges to the voluntary scheme. Their position is probably shared by the majority of their government colleagues.

The judges are in this position because, we are assured, their salaries cannot be cut for Constitutional reasons. What a wonderful guarantee to have.

So, change the Constitution and put these public servants on the same footing as every other state employee. Need a referendum to do it? Not a bother, run it with the Lisbon vote.

We elect politicians to legislate and it is because they do not confront inequity and injustice on this scale that they are held in such low opinion. The figures might be small but the principle at stake is at the very core of what has got this society into such a mess: formalised privilege protected by law. Change it now.