The Government were well aware, when we decided to bring this measure to the Dáil, that it was likely to meet with an amount of criticism here, criticism from some, perhaps, who were concerned about the principles of public policy involved in it, and from others who were concerned to exploit the political difficulties which the introduction of a measure of this kind necessarily involves for a Government in office. If we allowed any thought of possible political penalties to ourselves, or any other improper consideration, to deter us from doing what we believed to be right in respect of the salaries paid to the members of the Judiciary, to induce us to fail to meet what seems to us to be a necessary obligation—to adjust these salaries in accordance with the changes in money values which have taken place since the scales were fixed —then it would be a very serious dereliction of duty on our part and, in my view, would demonstrate our unfitness to hold office as members of the Government.
Deputy McGilligan said rightly enough, that in presenting this Bill to the Dáil, the Government are not asking members to settle the principles which should determine the remuneration of judges but merely to make adjustments in existing scales considered necessary by reason of changes in money values since they were last fixed. If we were considering the basic principles which should determine the remuneration of judges, we would have to take into account a great deal more than the amounts they would require to enable them to live in comfort.
The question of what constitutes proper and adequate remuneration for judges has been considered in all democratic countries over many years, and principles have emerged from that consideration which have been applied almost universally. I am sure that all members of the House accept that the independence of the Judiciary is something which we should try to preserve. It is certainly something that all democratic Governments strive to uphold, and they try to express that aim in the levels of the remuneration fixed for judges.
In any democratic society, judges occupy, and should be seen clearly by the public to occupy, positions of high authority, of independence and detachment. Independence in the sense that we use that term in relation to judges means something more than freedom from improper Government influence. It means putting them into a position in which they will be, as far as possible, immune from improper influence of any kind, and it is no exaggeration to say, in my view, that an adequate and, indeed, a generous basis of remuneration for judges is the basis of their independence. It has always been so regarded here. It is, indeed, so regarded everywhere.
We have been very fortunate in this State in that from its beginning a very high standard of integrity has characterised our Judiciary. There is, I think, a widespread public realisation that we have in our judges people who are immune from improper influences of any kind, people on whose integrity the public can rely. That fact, and the recognition of that fact by the public, is the source of a great feeling of security to our people, and is an important contribution to the stability of our political institutions. It is clearly desirable that we here in Dáil Éireann should take no action which might prejudice it, or which might be thought by the public to place it in jeopardy.
The known integrity, independence and detachment of our judges is an important national asset which we must, in all circumstances, endeavour to preserve. I know it may be said that you cannot buy integrity but we, and perhaps even more important the people, must have absolute confidence that the judges cannot be subjected to improper influences of any kind.
Deputy Murphy and, I think, Deputy McQuillan, referred to the method of appointment. I want to place my position on that beyond all doubt. The appointment of members of the Judiciary is an important function of Government and to my last breath I shall oppose any proposition to transfer that function to some bureaucratic institution or committee. The independence of the individual judge in the exercise of his judicial functions is very important, but that the Government elected by the people are superior in status and function to any other branch of the administration is a principle we must assert—a principle always asserted by those who understand the real functioning of democratic institutions.
We must never be unfair to the judges, as we could well be tempted to, by the fact that they are completely within our power in respect to the adjustment of their salaries. The judges cannot, by reason of the character of their office, present their case to the Dáil or to the bar of public opinion. Nevertheless, they have a case and, indeed, one which would take consideration of their position considerably further than the proposals embodied in this Bill, if we were to attempt to deal with it fully. Why should judges be singled out in this matter? Why should they be subjected to definite objections to adjusting their salaries when there has been no opposition, as far as I know, to much greater increases given to other highly paid public servants?
The case made by the judges is based upon the fact that their remuneration has not increased in the same proportion as the remuneration paid to other public servants, the salaries of whom were originally in closer relation to that of the judges than they are now. In this Bill we are not in fact, proposing to give to members of the Judiciary increases comparable to that which senior officials of Government Departments and other public functionaries have obtained.
There are also some facts in this regard which I think should be emphasised. We here in this country, now and always, have paid our judges a great deal less than judges receive in other countries, a great deal less than judges are paid in the Six Counties or in Great Britain. I am not going to suggest that we should adopt British standards in this regard but, if we were to attempt to relate the salaries paid to our judges to the salaries paid in the Six Counties or Great Britain, or even to increase the salaries to the same degree as salaries of judges in these other countries have been increased, we would be giving them a great deal more than we are now giving them, or propose to give them. Furthermore, this reluctance to adjust salaries of judges, which has persisted over many years, has operated to reduce considerably the effective levels of their real remuneration.
Reference has been made to the position of the Chief Justice. The salary of the Chief Justice was fixed at £4,000 a year in 1924 and the new rate, which will come into operation when this Bill is passed, will mean that the salary attaching to that office will have increased by only 33? per cent.
Deputy Murphy said that the Chief Justice should not be paid more than the Taoiseach. He always has been paid more than the Taoiseach. The person holding the corresponding office in every country is always paid at a very much higher rate than the Head of the Government. There is, I think, the idea of symbolising in that highest judicial office the desire to ensure complete independence and detachment, and to emphasise the status of the judiciary, and the importance attached to that particular post.
In the case of judges of the Supreme Court the rates of the remuneration which will become operative on the enactment of this Bill have been increased by 36 per cent. as compared with the rates originally fixed in 1924. It is, perhaps, fair to say that in the case of the corresponding class of judges in the Six Counties, although in 1924 they were paid at a higher rate than the judges here, their salaries have since been increased by 85 per cent. In the case of judges of the High Court, the rate of increase which on the enactment of this Bill will have been granted on the rate fixed in 1924 is 43 per cent. while in that of the High Court judges in the Six County area there has been an increase of 116 per cent. in their salaries since that year.
In the case of judges of the Circuit Court, the salaries that will be paid on the enactment of this Bill will be 67 per cent. higher than the rate fixed in 1924. In respect of the Six County area the rates paid have increased by 141 per cent. over the same period. In the case of the ordinary District Justice, the rate which we are now proposing to bring into effect will represent a rise of 92½ per cent. on the rate fixed in 1924.
There are two observations I want to make in that regard. It is quite clear that the remuneration of judges in the Six County area, in so far as it is determined by the rates payable in Great Britain, would not be a proper standard for us to follow. We are not following it; we think that the salaries of judges here should be related to the higher rates of remuneration prevailing in other branches of the public service and the income which a practitioner of the law in good standing could hope to earn at the Bar.
I also drew attention to the fact that the changes in the rates of salary for the various branches of the Judiciary which have been effected since 1924 have resulted in giving a much higher relative increase to the justices and judges remunerated at lower rates than to those remunerated at higher rates. That has been a feature of all our salary adjustments in recent years, a feature on which I had very strong representations only very recently from the association that represents these professional and higher grade civil servants but one which I think we can justify in the special circumstances of a protracted period of inflation, of a decline in money values.
Deputy McQuillan urged that there should be a special committee to deal with this matter. I think there might be a case at some time to reconsider anew the basis of the judicial salary scales; I do not think this is the time for it. I think we should be concerned now merely with making the global adjustment which the decline in money values requires us in equity to make. It is not necessary to set up a special committee for that purpose. Indeed, I would regard the Members of the Dáil as just as competent to decide what is just and proper in that respect as any committee that might be chosen. I also see the possibility, having regard to the fact that the rise in the cost of living since the judicial salaries were last fixed has been 15 per cent., that such a committee might in fact propose to give the judges a higher rate of increase than that which the Bill provides.
It is, of course, not correct to say that civil servants remunerated on scales which relate to judicial salaries are within the conciliation and arbitration scheme and I think it would be highly inappropriate that judges should be subject to such a procedure. I do not think we should, by any device, seek to lower the status of our judges. If I have any anxiety about the position in regard to their salaries it is that, because of the much lower rate of remuneration paid to judges here as compared with other neighbouring countries, we appear to be representing them as less competent or entrusted with less responsible duties than judges elsewhere. We know that is not so; we know that if we have to pay them at lesser rates than judges doing similar duties are paid elsewhere it is because of factors internal to our economy. But if we cannot pay them at the same rates as judges are paid elsewhere, we must make it quite clear that that does not mean that we are proclaiming them, or regarding them, as being inferior in status or in competence to their opposite numbers in other countries.
I think it is also fair and reasonable to mention in this connection that the Government are proposing to reduce the number of judges of the Circuit Court and justices of the District Court and in fact the over—all cost of these services to the community will be less than it has been notwithstanding the increase in the remuneration which we are proposing here by reason of these reductions in the number of judges and justices, which incidentally will mean that, to some extent, the judges of the Circuit Court and the justices of the District Court will have more work to do.
I do not think that the changes which were made some time ago in the jurisdiction of the District Court involves, as has been contended by the justices, some further increase in their remuneration. At least, I assume that so far as these changes of jurisdiction preceded the report of the committee of 1953 they were taken into account fully by that committee in the recommendations they made to the Dáil and on which the Dáil acted.
The question of principle which arises here is whether or not changes in the judicial salaries are in the public interest. I would strongly urge that they should be so regarded. Indeed, I believe that I could justify higher increases than are proposed. I would like to think that there was no feeling of disgruntlement among the members of the Judiciary. I hope they will regard this Bill as an indication of the Government's acceptance of their claim and a reasonable attempt to meet them. I am quite certain that the vast majority of thoughtful opinion among our people will give an affirmative answer to that question and will, indeed, support the changes in judicial salaries for which the Bill provides. I would regard that, and shall regard it, as a very small price to pay for the preservation of the independence and the status of the Judiciary.
There is only one further thing I want to say. Deputy McGilligan suggested here that we should provide for judges an arrangement similar to that which we provided recently for civil servants under which, without cost to the Exchequer, a judge could voluntarily give up portion of his retirement pension for the benefit of his widow in the event of his death. I have informed the Judiciary that the Government would be willing to enact the necessary legislation to permit of that and I am awaiting their comments on that subject.
There are other aspects of the present practice in relation to the Judiciary which are under consideration because consideration has been urged on the Government but no decisions have been taken and no immediate proposals for the Dáil are in contemplation.