Judges expected to up contribution levels - Cowen

The Taoiseach Brian Cowen has said there is "a reasonable expectation" that voluntary contributions from the State's judges in lieu of the public service pension levy will increase by the end of the tax year.

Mr Cowen was speaking this morning as criticism mounted over the failure of the vast majority of the judiciary to make contributions in lieu of the levy under an arrangement agreed between the Chief Justice, Mr Justice Murray and the chairman of the Revenue Commissioners, Josephine Feehily, shortly after the pensions levy act was passed in April.

Just 19 of the State's 148 judges have made a contribution to date. Between them they have paid just over €60,000 so far.

Judges are exempt from paying the pensions levy on the grounds that it could be unconstitutional.

In a statement released this evening Chief Justice John L Murray said “unfair and misleading” statements had been made about the issue of the contributions.

Mr Justice Murray said “the making of contributions is necessarily voluntary and the decision of each judge with regard to them must be a matter for him or her”.

However, he also said he felt there “will be a strong and continuous participation in it”.

Tonight the Taoiseach welcomed Mr Justice Murray’s statement.

Mr Cowen agreed with the Chief Justice saying t “it is for each member of the Judiciary to decide whether to make such a contribution”.

He added: “The Government has always respected the independence of the Judiciary and the Constitutional protections provided in respect of that independence and will continue to do so, and it is essential that this independence be respected by all.”

On RTÉ radio this morning, former High Court judge Mr Justice Fergus Flood said it was a matter for each member of the judiciary to decide whether or nor to take a voluntary pay cut.

Fine Gael's justice spokesman Charlie Flanagan said that it was unfair that judges should be exempt from paying their way.

"Irish judges are among the highest paid in the world...their pay and conditions are of a type which are perhaps unequalled in many jurisdictions," said Mr Flanagan.

"I would hope that when the courts rise at the end of July that by that stage, most if not all of the 148 judges would have complied with the invitation by Government to make a voluntary contribution," he added.

Mr Flanagan said that he was unsure if the relevant provision in the Constitution which mentions judges pay was meant to be read literally.

"It says that remuneration of a judge shall not be reduced during his continuance of office but I'm not so sure if that provision is to be read in a literal way...the exemption is not to protect judges but to protect the people...to have an exemption, or to have an elite above everybody else is to my mind both unjust and unfair," he said.

Over the weekend, two Government ministers expressed their unhappiness at the number of judges who have made voluntary contributions so far.

Minister for Health Mary Harney said she was disappointed at the response so far but said she believed the judiciary would 'show solidarity' with other members of society.

Minister for Defence Willie O'Dea said the judges were showing a 'poor example' by making a voluntary contribution.

Elsewhere, chief executive of the Labour Relations Commission Kieran Mulvey said he had been taken aback when he heard the numbers who had contributed and that their failure to so, sent out the wrong signal.

Meanwhile, Fianna Fáil TD for Limerick Niall Collins has called for a referendum on judges pay.