I move that the Bill be now read a Second Time.
This Bill represents the result of a careful reassessment by Government of what should in current circumstances be the level of remuneration of the various branches of the judiciary. It proposes to increase, with effect from 1st April this year, the salary of the Chief Justice from £6,360 to £8,000; that of judges of the Supreme Court from £4,950 to £7,000; that of judges of the High Court from £4,400 to £6,000; that of judges of the Circuit Court from £3,640 to £5,000; that of the President of the District Court from £3,190 to £4,500; and that of Metropolitan and provincial District Justices from £2,690 and £2,520, respectively, to a new flat rate of £3,750.
The Bill also contains a provision empowering the Government to increase judicial salaries in future by orders which will be open to the disapproval of Dáil Éireann.
On the main point, that of salaries, it has been clear for some time that a fundamental reassessment of judicial pay was necessary for a number of reasons. The most important point, perhaps, is that the present salaries fall considerably short of those required to enable the various members of the judiciary to maintain the status and independence which should attach to the important positions they hold in our society. Further, it will be generally accepted that the Government, in selecting persons for appointment as judges, should be able to call on the services of the most suitable legal practitioners, and, also, that persons so selected should be able to accept appointment without serious financial sacrifice. The Government have been aware for some years that the present level of judicial salaries is an obstacle when suitable appointees come to consider accepting an offer of judicial appointment.
In the matter of status and salary levels, the judiciary are to a large extent sui generis, and no accurate comparison can be drawn between judges and persons employed in other sectors of public employment. The present inadequacy of judges' salaries arises from a tendency over the last 20 years to equate them with other groups; even on that basis, it is quite clear that the judges have been given too little and too seldom, with the result that they have lost a considerable amount of ground. The present measure is intended to bring the salaries of judges up to acceptable level, and also has regard to the fact that the last increase was granted in 1964.
So far as Circuit Judges and District Justices are concerned, I should like to emphasise at this juncture that the Government, in reaching their decision as to the amount of the proposed increase, have taken into account the contemplated increase in the jurisdiction of these two courts. Legislative proposals on that subject are at an advanced stage of preparation in my Department. The new salaries set out in the Bill must, therefore, be regarded as covering any increase in jurisdiction that may be conferred on these courts.
I may also draw attention to the fact that the salary proposed for District Justices involves the abolition of what I may refer to as provincial differentiation. Up to now, the Dublin metropolitan justices and the Cork city justice have been paid more than their provincial colleagues; the present differential is £170. Forty years ago, the arrangement whereby persons in public employment working in the provinces were paid less than their colleagues in the large cities, was fairly common both in this country and elsewhere. Over the years, this adverse differentiation has been gradually reduced or abolished in other spheres, so that it can now be said to be virtually non-existent. The Government have accepted that there is no merit in retaining differentiation. The proposal that all District Justices should have a common salary has the support of the District Justices Association, which is representative of all the justices.
While on the subject of the District Court, I may also mention that the Government have approved the making of arrangements for a general close-down of sittings during the month of August. Adequate provision will, of course, be made, by way of "vacation" sittings in each district, to cater for criminal cases and especially custody cases. The close-down during August will not operate until 1969.
The closing-down of the District Court for a month during the vacation period will facilitate the public generally and also improve the efficiency of that court. The general pattern over the years has been that few cases are listed during August, and that applications for adjournments are frequent on the grounds that one or both of the parties, or their legal representatives, or witnesses, are absent on holiday. The professional bodies concerned are in favour of the August close-down. The close-down will also facilitate the taking of annual leave by District Justices, and at the same time ensure the holding of scheduled sittings throughout the year.
I now turn to the second provision in the Bill. This provides that any future increases in judicial salaries may be granted by Government Order, instead of by Act of the Oireachtas as heretofore. It will, however, be necessary for the Government to lay before the Dáil a draft of any such order, and if the Dáil disapproves of the draft Order within 21 sitting days, the order shall not be made. In this way, though the procedure is being changed, parliamentary control by the House over any increases in judicial salaries is being preserved.
I think that most Deputies will welcome this change. The Deputies who have been in the House for any substantial period cannot but have noticed, even in the case of an uncomplicated Bill, the substantial interval which for one reason or another elapses between the time the Bill is introduced in the Dáil and the time it is finally passed. Deputies with experience of Government will recall the various formalities and delays which inevitably occur between the formulation of legislative proposals and the introduction of a Bill in the Dáil. There is no reason why judicial salaries should not be dealt with by Government order, subject to Dáil control as I have indicated, and this is what we propose for the future.
I commend the Bill to the House.