JUDICIAL INDEPENDENCE is vital in a properly regulated and democratic society. And it must be preserved. Independence should not, however, obviate a related responsibility on members of the judiciary to contribute to the common good and to ensure that – as servants of the public – they do nothing that might bring their privileged positions into disrepute. Unfortunately, at this time of economic crisis, their initial response to an arrangement for voluntary contributions in lieu of a pension levy could have that effect.
One in eight judges had contributed voluntarily to the scheme by the time the Revenue Commissioners released details last week. Chief Justice John Murray pointed out yesterday that the arrangements had been in place for a relatively short period and that contributions could be made on a monthly, quarterly or annual basis. He referred to “unfair and misleading” statements to the effect that those who had not yet made a contribution had refused to do so and said he expected “a strong and continuous participation” by the judiciary.
While a much greater number of judges than those who have paid to date may recognise their social and ethical responsibilities by the end of the tax year, the voluntary nature of the scheme and its anonymity will facilitate avoidance by selfish and obstinate individuals. Such a reaction would be no different to that of former government ministers of all parties in the Dáil who declined to forgo part or all of their pensions. Legislation is now being introduced to deal with those senior politicians.
The Government explained its decision to exempt judicial salaries from the pension levy on the basis of legal advice and the separation of powers. It was a poor decision; a political cop-out. The constitutional position is, at worst, unclear. Previous legal judgments have tended to support broad, non-discriminatory action by government agencies. And given that judges can be required to pay the same taxes as other public servants without compromising their independence, why shouldn’t they be subject to the same pension levy?
At this time of job losses and falling living standards, those in positions of power must lead by example. The response, so far, has been disappointing. Government Ministers have taken voluntary pay cuts. They accepted the pain of a pension levy. And there has been limited reform of Oireachtas structures and expenses. But only arising from severe public criticism.
At the moment, the Labour Court is considering whether there should be an increase in the national minimum wage. The Department of Finance opposes any rise on the basis that pay is already high by international standards. It has increased by 54 per cent since 2000, compared to a 37 per cent rise in the consumer price index. During that same period, judicial salaries rose by a minimum of 170 per cent. In that context, any failure by members of the judiciary to show solidarity with their fellow citizens would be unacceptable. The levy should be deducted automatically from all public salaries. The judiciary, who see themselves as victims of a rush to judgment, have most to gain from certainty in this matter.