Public sector reform - Denial is still blocking vital change

THE confirmation of a referendum to allow the Government to treat judges’ pay as it treats every other state employee’s pay is as welcome as it is inevitable.

The referendum to amend Article 35.5, if passed, will close a loophole which has come to be seen as a contrived protection of privilege enjoyed by an elite already very well rewarded for the work they do. There is no public mood to sustain such indulgence. The referendum will be held on the same day as the presidential election and delivers on a promise made in the programme for government.

Our circumstances make it impossible to have any group, no matter how important to the functioning of the state, able to remain untouched by the realities of the day. This is especially so when the softly, softly approach has not achieved the necessary results. A good number of judges responded positively to suggestions that they might volunteer for a pay cut, but a significant amount did not. That response is no longer acceptable. Nor is the argument that their independence might be impinged upon if their pay was a matter for Government.

Addressing the issue when he proposed the referendum to yesterday’s cabinet meeting, Justice Minister Alan Shatter said the independence of the judiciary is “the cornerstone of our constitutional democracy”, but that it is important it is seen to play “its part in recognising the economic difficulties of this state”. Succinct, accurate and reassuring for those who would have us believe inappropriate pressure is being brought to bear on a member of the bench. In any case, it is hard to imagine any politician might risk the career-ending publicity that would inevitably follow such an approach.

Judges’ pay is not the only facet of our justice system that will come under review. The decision to mothball the garda training college because of the public sector recruitment ban may feel like desperation, but then these are desperate times.

Discussions following that announcement once again highlighted some of the privileges enjoyed by gardaí. One in particular seems utterly out of step with the times and must surely be reviewed. It seems bizarre and wasteful that a member of the force can retire on a full pension — plus a tax-free gratuity — at the age of 50 if that person has completed 30 years’ service. There is no other way to say it other than to say that this is wrong. This society cannot afford to pay someone just past 50 for doing nothing. Surely gardaí who reach a certain age can be removed, if they wish, from frontline duties and continue to work until they are at least 60?

This early retirement is a privilege on a par with the judges’ current pay deal and must be treated similarly. These are just two instances where public sector reform is badly needed.

The first review of the Croke Park agreement is expected to report “progress”, but savings of just €289 million on a pay bill of around €15 billion suggest that denial and wishful thinking have yet to be replaced by a dose of reality. That the report warns that a greater sense of urgency and ambition to implement reforms is necessary confirms this.