THE ANNOUNCEMENT that arrangements have been put in place for judges to pay directly to the Revenue Commissioners what would have been deductible under the State’s pension levy is very welcome, if overdue. The agreement followed discussions between the Chief Justice and the chairman of the Revenue Commissioners about what mechanism could be established to facilitate such a move by the judiciary.
The Constitution rightly upholds the independence of the judiciary from the other arms of Government. It is of utmost importance that judges should be independent in the exercise of their duties and be free to administer justice as they see fit. That includes presiding over cases involving the State without fear that this could in any way impact on their remuneration. Rather than the judges themselves, the primary beneficiary of this protection are citizens seeking justice, particularly those involved in litigation against the State.
The independence involved is underpinned by Article 35.5 of the Constitution which states that “the remuneration of a judge shall not be reduced during his continuance in office”. This provision led the Government to conclude that the pension levy could not be applied to judges. However, the result was a grave anomaly whereby the levy was deductible from the salaries of low-paid public servants while members of the judiciary earning from about €150,000 to €300,000 a year were exempt.
Such a situation could not continue without risking public confidence in the judiciary. Citizens would have been entitled to ask how a judge could adjudicate on their affairs if he or she was not seen to have some inkling of the increased financial constraints faced by the bulk of the population as the result of the economic downturn. Equally, when so many people are being asked to help reduce the burden on the public finances, it seemed inexplicable that public servants who enjoy many privileges should be exempt.
Ultimately judicial independence rests on citizens having confidence in individual judges. It is a vital part of our democracy that this confidence is not undermined by a suspicion that judges do not understand and identify with the concerns of their fellow-citizens. Making it clear that they are willing to contribute to easing the burden on the public finances – albeit on a voluntary and confidential basis – may be largely symbolic given the scale of the financial crisis. But it is a very important symbol.