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Dáil Éireann díospóireacht -
Tuesday, 9 Dec 1952

Vol. 135 No. 7

Remuneration of Judges and Justices: Motion for Select Committee.

I move:—

That a Select Committee consisting of 15 Deputies to be nominated by the Committee of Selection, of whom five shall be a quorum, be appointed, with power to send for persons, papers and records, to consider and report whether the salaries, expense allowances and pensions of the judges and justices require to be increased and, if so, by what amounts.

My reason for moving the motion is that, since the text of the Courts of Justice Bill was circulated, there have been indications that, if the provisions in Part II of the Bill are proceeded with, in present circumstances, the question of the remuneration of the judiciary is likely to become the subject of an undesirable controversy. Such a controversy, I believe, could not fail to be detrimental to the public interest and to hurt the prestige of the courts which, I am sure, we all want to see upheld and maintained at the highest level. For this reason, I have decided to move this motion in the hope that, with the co-operation of all Parties, it may be found possible to reach a measure of agreement which will remove the matter, as far as possible, from the arena of political controversy.

We as a Party oppose and disapprove of the setting up of this Select Committee. We believe that this is a matter entirely for the Government. They should be prepared to take the responsibility themselves of putting before the House their recommendations or their proposals in respect of the salaries of judges and justices. At this stage, I think it would be wrong for me to comment on the merits or demerits of the case because it seems obvious that the tribunal of which we have heard will be set up. For that reason any remarks of mine or of any other member of the House might prejudice the deliberations of the tribunal and its subsequent findings. The main reason we oppose the motion is that we believe the Government should take the full responsibility for any recommendations or proposals in respect of this matter which should then be put before the House for its consideration.

I want to say that I agree with the motion proposed by the Minister. I think it is desirable that matters affecting the pay of the judiciary should be removed as far as possible from the arena of Party controversy. Under our Constitution, the independence of the judiciary is guaranteed and that independence means more than simply freedom from interference by the administration. I think it means freedom to do their work without financial worry. For that reason I think it is desirable that when a matter relating to the salaries of the judiciary is in question, it should be dealt with by this House by means of an all-Party Committee, that the findings of the Committee should be brought before the House and treated as something put forward by all Parties in the House. If that is not done, and if what Deputy Corish suggests is done, that the Government should take responsibility for suggesting to the House, by means of a Bill, what the pay of the judiciary should be, then that means that the salaries of the judiciary are brought into the arena of Party conflict because, unfortunately, the position seems to be that, no matter what the Government may put forward, it is opposed for the sake of opposing. That is so, irrespective of what Government happens to be in office at a particular time.

I am not referring now to the position as it stands at the moment, or as to the way it has stood for the last 30 years or may stand for the next 30 years. I think it is more desirable that a matter such as this should be investigated by a Committee on the lines suggested by the Minister: that persons may be sent for, that documents may be sent for and a Committee set up in that way, representing all Parties in the House. Such a Committee would, I think, bring forward a well considered report which, I am sure, would receive the unanimous support of the House. Now, it is the easiest thing in the world to go out on platforms and refer to the salaries of the Supreme Court, to the salaries of the High Court and to the salaries of district justices. It is the easiest thing, on public platforms all over the country, to refer to these matters. I would say to Deputies, and I am sure the majority of Deputies would agree with me, that if these questions were dealt with in that fashion, in the arena of ordinary Party politics it would not be good for the judiciary nor would it be good for the country.

I think that when our Constitution guarantees independence to the judiciary that they should be independent, in fact, and that no matter what courts are concerned—whether the Supreme Court, the High Court, the Circuit Court or the District Court —they ought not to be the subject of political criticism and political discussion in the country based on the matter of salary. I sincerely hope that every Deputy who is concerned with the constitutional set-up, and who is concerned with the fundamental aspect of it, the independence of the judiciary, will support this motion.

There is one matter that I would like to refer to. The Minister introduced recently a Bill dealing with the courts. That Bill provides increased jurisdiction both for the District Court and the Circuit Court.

This motion is limited to the setting up of a Committee.

Yes, it is limited, but there is a Bill before the House which deals with judicial salaries. It is with that I am dealing at the moment.

This motion deals only with the question whether the House should set up a Committee or not.

Yes, but I think that if the Chair will hear my next few words, it will see the relevancy of the point that I am making. I am not going to go into that Bill in detail at all. What I am putting the Minister to do is this. That Bill has been introduced. It provides an increase in salaries for district justices and Circuit Court judges. It also deals with certain matters of jurisdiction which are very important as far as the ordinary people in the country are concerned. Now, although this Committee will be set up—I think the Dáil will be sensible enough to agree to set it up—it will take some little time to arrive at a decision on its findings. What I would request the Minister to do is not to hold up the Bill which he has already introduced.

That is an absolutely different matter. The Deputy is attempting to discuss an entirely different matter.

That matter has no relevance whatever to this motion.

Then I will not put the matter any further than to ask the Minister to ensure that the Bill which he has already introduced is not deferred until this Committee makes its report.

The Deputy has achieved his purpose very finely but in a most irregular fashion.

It is an aspect of the matter that I was concerned about and that quite a number of other people are also concerned about. I think it will be agreed on all sides of the House that the most satisfactory way of dealing not only now but in the future with this matter of judicial salaries is by means of an all-Party Committee. I am glad that the Minister has introduced this particular motion and I hope it will have the approval of the House.

On behalf of this Party I wish to support what Deputy Corish has said. We, in this group, will certainly oppose the setting up of any such Committee. The views expressed by the last speaker do not surprise me in the least. His views are nothing new to us in this House—the view that this should be referred to an all-Party Committee. It is the business of this House and of the nation to discuss this matter and it is the business of this Parliament to decide it.

The Defender of the Faith is talking now.

Not the Red Nuncio.

The leader of the vanguard need not worry, or the brainless Deputy behind him, if we decide this. I can see, of course, the reason for this Committee being set up. It is that the Minister is afraid to accept his responsibility. His own Party, I presume—naturally enough, there are a few left in it yet who feel responsibility a little—has pulled him across the coals, so to speak, as well as his constituents in Roscommon. That is the reason for going sideways with this class of Committee that is to be set up. As far as we are concerned, we oppose this. We want it to come before the House. If a reasonable case can be made for such increases we will consider them and support them, but, if we think otherwise, we will oppose them. We are opposing this because we believe this is a matter which should come before the House.

We welcome the fact that the Minister proposes to set up a Committee to examine this important matter in the way that the motion suggests. We hope that it will be possible to get it set up at once, and to have the work of the Committee completed during the recess so that the Bill, which is before the House, will not be delayed.

I wish, with Deputy Corish, to oppose this motion. The Government have always taken credit for this, that they are prepared to take responsibility. I, therefore, am surprised that on this particular issue they should shirk their responsibility. We had a Bill introduced some time ago when it was announced that the district justices and the Circuit Court judges were to receive increases in their salaries, men already in receipt of £30 a week.

We are not discussing salaries.

This Committee is going to discuss salaries. We had an argument some time ago as to whether a workman with £4 a week was entitled to 5/- or 5/6 a week of an increase, but the increases recommended under the Bill for these judges and district justices range from £6 to £7 a week. Deputy Cowan says that the proper way to have this matter discussed is by a Committee. He overlooks the fact that no matter what decision is arrived at by the Committee it must be submitted to this House again. An all-Party Committee will really only represent the two big Parties in the House.

We are all in favour of having the judges independent of this House. No Deputy will suggest that we should criticise the judges or have their judgments discussed here. But, at the present time, when wage earners and middle-class people have to tighten their belts, when we are told by the Government that there must be austerity and that all the people have to make sacrifices, when we see such a large number of unemployed and men threatened with dismissal, when hunger is practically staring them in the face, I believe it is outrageous for the Government to bring forward this proposition knowing very well that it will be carried by a majority in the House. We believe that the persons concerned should get no increase, that they should make the same sacrifices as the ordinary worker is making at present.

I am surprised at Deputy Cowan making such an ad misericordiam appeal or believing that he will succeed in preventing men from exercising their rights, not alone in this House but outside. The Government are now proposing to give increases of from £6 to £7 to these people while refusing to give the worker more than 5/- or 6/- per week. I can assure Deputy Cowan that while I have the use of my tongue I will use it to advantage on every occasion which presents itself.

Mr. Boland

All I have to say is that there is no possibility of the Government evading their responsibility in this matter. Whatever report is brought in, the Government will have to take the responsibility and they will not shirk it. What I am hoping for is that we can get the matter discussed in a comprehensive and fair way by a Committee and that we may possibly get an agreed recommendation. If we do not, then of course the Government will have to take the responsibility and we will not shirk it. I hope that the Committee will report before the Dáil meets again. I will do what I can to facilitate them.

Motion put.
The Dáil divided: Tá, 65; Níl, 9.

  • Aiken, Frank.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Belton, John.
  • Boland, Gerald.
  • Brady, Philip A.
  • Breen, Dan.
  • Brennan, Joseph.
  • Brennan, Thomas.
  • Breslin, Cormac.
  • Briscoe, Robert.
  • Buckley, Seán.
  • Burke, Patrick.
  • Byrne, Alfred.
  • Byrne, T.N.J.
  • Calleary, Phelim A.
  • Carter, Frank.
  • Childers, Erskine.
  • Hughes, Joseph.
  • Kenneally, William.
  • Kennedy, Michael J.
  • Lynch, Jack (Cork Borough).
  • McCann, John.
  • MacCarthy, Seán.
  • MacEntee, Seán.
  • McMenamin, Daniel.
  • Maher, Peadar.
  • Moran, Michael.
  • Mulcahy, Richard.
  • Ó Briain, Donnchadh.
  • O'Higgins, Thomas F. (Jun.).
  • O'Reilly, Matthew.
  • Ormonde, John.
  • Cogan, Patrick.
  • Colley, Harry.
  • Collins, Seán.
  • Corry, Martin J.
  • Cosgrave, Liam.
  • Cowan, Peadar.
  • Crowley, Honor Mary.
  • Crowley, Tadhg.
  • Davern, Michael J.
  • Derrig, Thomas.
  • Dillon, James M.
  • Dockrell, Henry P.
  • Doyle, Peadar S.
  • Flynn, John.
  • Flynn, Stephen.
  • Gallagher, Colm.
  • Harris, Thomas.
  • Hilliard, Michael.
  • O'Sullivan, Denis.
  • O'Sullivan, Ted.
  • Palmer, Patrick W.
  • Rice, Bridget M.
  • Rooney, Eamon.
  • Ryan, James.
  • Ryan, Mary B.
  • Sheldon, William A.W.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Sweetman, Gerard.
  • Traynor, Oscar.
  • Walsh, Laurence J.
  • Walsh, Thomas.

Níl

  • Corish, Brendan.
  • Davin, William.
  • Desmond, Daniel.
  • Donnellan, Michael.
  • Dunne, Seán.
  • Everett, James.
  • Hickey, James.
  • Kyne, Thomas A.
  • Norton, William.
Tellers:— Tá: Deputies Ó Briain and Hilliard; Níl: Deputies Donnellan and Mac Fheórais.
Motion declared carried.
Barr
Roinn