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Minister Howlin publishes legislation to implement the outcome to the Referendum on pay of Judges

The Minister for Public Expenditure and Reform, Brendan Howlin, T.D, today (18

th

November 2011) has published the legislation that following the passing of the Twenty Ninth Amendment of the Constitution will apply the pay reductions to serving judges.

The Minister stated "the constitutional amendment which formed part of the Programme for Government was overwhelmingly endorsed by a large majority of the Irish people in the recent Referendum on the issue. This amendment allows for the treatment of the Judiciary in the same way as other public servants to whom the pension related deduction and pay cuts have applied since March 2009 and January 2010 respectively. This will result in immediate saving of paybill costs, and over time these changes will significantly reduce the cost to the taxpayer of supporting the courts system."

The Financial Emergency Measures in the Public Interest (Amendment) Bill 2011 published today makes provision for the application of the two Financial Emergency Measures in the Public Interest Acts of 2009 to serving members of the judiciary on the same basis as other highly paid public servants. It is anticipated that the Bill will be enacted in time to apply the pay reductions from 1 January 2012.

Judges appointed after the Bill is commenced will be placed on a lower salary scale than the serving judges affected by this measure. In addition, the new pension arrangements for public servants will also apply to newly appointed judges, once the legislation establishing the single pension scheme, which is currently going through the Oireachtas, is passed.

The legislation also provides that new judges will not be automatically provided with an usher or crier. Instead, following consultation with the judiciary and the Courts Service, and in addition to the general supports already in place, alternative support posts will be provided - most likely in the form of additional judicial researchers. The replacement of ushers and criers with an updated support structure, on a contractual basis will reduce costs as well as providing valuable experience for newly qualified legal people.

The Minister added "I have also taken the opportunity to transfer to this Bill the remuneration provisions included in the Public Service Pensions (Single Scheme) and Remuneration Bill 2011 published in September last. These enshrine in law the pay cuts that the Taoiseach, Tánaiste and other Members of the Government took voluntarily on assuming office. It is more appropriate and expedient from a legislative and administrative viewpoint, to include all remuneration provisions in a single Bill and it will assist in securing early consideration of these provisions in the Oireachtas."