THE CHIEF Justice, Mr Justice John Murray, has made a rare intervention in a public controversy by criticising “misleading statements” about the number of judges to date who have volunteered to take pay deductions.
Mr Justice Murray yesterday evening issued a detailed statement which addressed criticism of the judiciary, following the disclosure that only 19 of the 148 judges have made the contribution to date.
He contended that the fact that judges had not yet made payments “cannot and does not mean that he or she has refused or will decline to do so”. Mr Justice Murray said he was concerned that there were “misapprehensions” about the scheme for judges which was arranged between him and the chairwoman of the Revenue Commissioners, Josephine Feehily, in May.
The scheme was put in place after Attorney General Paul Gallagher advised the Government that the pension levy, which was applied to all members of the public service, could not be imposed on judges. The advice was that the Government was precluded from doing so by Article 35.5 of the Constitution which provides that the pay of a sitting judge cannot be reduced. Noting that the judiciary do not normally make public statements even where criticism of judges was involved, Mr Justice Murray said this was an exceptional circumstance. He said the arrangement with Revenue allowed judges make voluntary payments that would equal what they would have paid if the pension levy had been imposed.
He said the scheme was finalised only recently and there were different payment arrangements involved, some of which will not require the contribution to be made until the end of the fiscal year.
“Unfair and misleading statements have been made concerning the position of the judiciary to the effect that all those who have not yet made a voluntary contribution have refused to do so,” he said. He expected there would be “strong and continuous participation” by the judiciary in the scheme.
Welcoming the Chief Justice’s statement, Taoiseach Brian Cowen said it was “not correct” to say that judges who had not yet made a contribution “have refused to do so”. It was “essential to protect the independence of the judiciary”, he said. “Were it otherwise governments and legislatures could pressurise the judiciary and undermine their independence.”