Judges lobbied on retirement age

The Government reduced the minimum age at which members of the judiciary could retire after a warning of possible court action by judges.

Official correspondence showed that Mr Justice Peter Kelly, who is president of the Association of Judges of Ireland, made representations to the Minister for Public Expenditure and Reform Brendan Howlin on the minimum age at which judges could retire as part of an overall arrangement in the public service which saw pensions calculated on pre-pay cut levels if they left before the end of February.

The Sunday Times reported yesterday that Mr Justice Kelly first wrote to Mr Howlin in December last year to say it was unfair that the minimum retirement age for judges was 65 when it was 55 or 50 in the wider public service.

The report said that on January 31st last Mr Justice Kelly wrote: "You cannot be fully aware of the urgency of the matter. The treatment of judges on this issue is, I believe, unfair and unlawful".

The report said the judge also warned that the matter may have to be resolved by litigation although this was not what association wanted.

The Department of Public Expenditure and Reform said last night there had been correspondence on the issue and that Mr Howlin had met Mr Justice Kelly. The minimum age limit was later reduced to 60.

"The general approach the Minister took to the meeting was that which was implicit in the referendum on judicial pay; that pay of the judiciary should be treated in the same manner as other public servants. In light of that, the Minister considered the views put forward by Mr. Justice Kelly and made the changes."