AN inequality in the pensions of district judges should be remedied by the Oireachtas, the Supreme Court ruled yesterday. It was not up to the Supreme Court to interfere.
The court was hearing an appeal by the State against a High Court declaration that the State was in breach of its constitutional duty to secure pension rights for district judges in permitting a gross inequality to arise between the reduction in the judges' pensions and the cost of lump-sum gratuities intended to make up the reduction.
The Chief Justice, Mr Justice Hamilton, said yesterday the matter of pensions payable to judges on their retirement had not been regulated since 1961. The pension of two-thirds of their salary at the date of retirement was reduced by one-quarter and compensated for by the additional benefits.
It appeared from the evidence in the case that the situation had changed radically since 1961, which had resulted in a reduction or diminution of the pension entitlement.
The manner in which this situation was remedied was a matter for the Oireachtas. It was not open to the court to interfere with the manner in which their situation was dealt with by the Oireachtas unless the Oireachtas failed to have regard to its constitutional obligations in this regard. The court must assume at this stage that the Oireachtas would have regard to such obligations.
He did not propose to make a declaration giving effect to his views. He was satisfied that once the Government was made aware of the situation with regard to this constitutional injustice, it would take the necessary steps to have the matter remedied in accordance with the law and with its constitutional obligations. He would allow the State's appeal.
The four other judges agreed.