JUDGES ARE to have their expenses cut by 25 per cent as part of the general cost-cutting in the public service, The Irish Timeshas learned.
This covers travel and subsistence (TNS) allowances, mainly used by judges who travel outside Dublin to hear cases.
The reduced level came into operation on March 5th.
Based on 2008 figures, it will result in a saving of €600,000 to the State.
In 2008, €2.4 million was paid in judicial expenses.
A Government circular on travel and subsistence rates stated that a small element of the €1.4 billion reduction in public service payroll costs would be achieved by reductions in the travelling and subsistence rates.
Figures obtained under the Freedom of Information Act (FOI) and published recently show that the judges claimed €757,466 in travel expenses last year and €1.64 million in “subsistence”.
Members of the judiciary are the only public servants on whom the public service pension levy is not being imposed as the Government considers this is prevented by the constitutional prohibition on the reduction in judges’ remuneration.
Article 35 of the Constitution states that the remuneration of a judge will not be reduced while he is serving.
The reductions in expenses apply to all civil servants, and the inclusion of the judiciary was considered by the Department of Finance to be immune from constitutional challenge as it does not come within the definition of “remuneration” referred to in the Constitution.
The expenses paid to judges are intended to cover out-of-pocket expenses associated with their sitting away from home.
This mainly applied to District and Circuit Court judges who sit outside Dublin. However, in recent years the High Court has been sitting more frequently outside Dublin.
The figures show that the State’s 61 District Court judges received €1.35 million in expenses last year, with six District Court judges receiving in excess of €50,000 each in expenses.
Circuit Court judges received €906,381 in expenses, and High Court judges received €159,533 in total expenses.
The FOI unit of the Courts Service said in releasing the figures: “There were 55 Circuit Court venues and 160 District Court venues outside of Dublin.
“The amount of travel and subsistence expenses paid to judges varies widely, and is very much related to the jurisdiction within which individual judges work and the size of their areas.”