Judicial memorandum on judges’ salaries

Judicial memorandum on proposed amendment to constitutional provisions on judges' pay (unsigned, undated), published on Courts Services web site, 7 July 2011

Irish judiciary concludes that suggested wording of proposed amendment to Article 35.5 of the Constitution is fundamentally deficient and would compromise the substance of judicial independence. (Text deleted from Courts Services web site on 12 July 2011, but a copy can be viewed here.)

Judges' pay - economic crisis - historical context - independence of judiciary - rule that remuneration of judge shall not be reduced while in office - rationale for rule - comparison with Article III of US Constitution - European Charter on the Statute for Judges - effect on judges of knowledge that Oireachtas might have power to legislate on judges' salaries - restrictions on civil rights of judges - prohibition on holding other office of emolument - whether reduction in judges' pay consistent with guarantee of judicial independence - bar on retiring judge returning to legal practice in court of equal or lesser jurisdiction - Rule 5.21 of the Code of Conduct of the Bar (2010) - proposed wording of amendment - requirements of public interest - discretion of Oireachtas - failure to identify circumstances in which salary should be reduced - lack of independent body to make decision regarding judicial pay.