Dáil Éireann Debate, Tuesday - 15 June 2010
135 Deputy Joan Burton asked the Minister for Finance the number of judges in each category of judge that is Supreme, High, Circuit, District and so on who have volunteered pension levy sacrifices in line with that imposed on public servants; the average pension levy sacrifice for judges for each category; the number of judges who are refusing to make a pension levy sacrifice; and if he will make a statement on the matter. [25291/10]
Amharc ar fhreagraThe Financial Emergency Measures in the Public Interest Act 2009 does not apply to the Judiciary for constitutional reasons. However, arrangements were put in place on an administrative basis between the Chief Justice and the Revenue Commissioners in April 2009 to facilitate voluntary payments by members of the Judiciary in the context of the pension related deduction scheme.
I have no function in relation to those arrangements. However, I understand that information in relation to the voluntary payments in 2009 was published in Revenue's Annual Report for 2009. I also understand that information covering the period up to 1 March 2010, was forwarded to the Deputy arising from Parliamentary Question No. Reference 10738/10. I am informed that the reply to that PQ was prepared in March 2010, prior to the enactment of the Finance Act 2010 but there was a delay in the information reaching the Deputy.
The Deputy will be aware that Section 161 of the Finance Act 2010 replaced the administrative arrangements mentioned above by providing for a voluntary scheme which enables members of the Judiciary to make a gift to the State of an equivalent amount to the pension related deduction imposed on State employees under the Financial Emergency Measures in the Public Interest Act 2009. Subsection (8) of that Section specifically provides that:
"(8) The Revenue Commissioners shall publish for each year of assessment only details of the number of donors who avail of this scheme in the year, and the aggregate amounts gifted for the year".
The Deputy will appreciate that in view of this provision, information cannot be made available at this stage in respect of voluntary payments in 2010 under the Section 161 arrangements, but I understand from the Revenue Commissioners that it is their intention to publish information in accordance with section 161(8) after the end of the year of assessment.
I am further advised by the Revenue Commissioners that the category of judge is not a relevant factor for the operation of a voluntary scheme and accordingly a breakdown of payments received as between judges of the different Courts is not available under either the old or new arrangements.
