I'll" ll-tendon ilowlin F.sq-. T.D.. Minzster for Public Expenditure and Reform Upper Merrion Square Dublin 2 19"' March. 2n13 Dear Minister It is it matter ofconstderable rc gret that I have to write to you at this time Recently. the judiciary teamt. through news media that it had been decided to male: further cut ofup to in the pay nfjudges. Let me say intmodintely that I appreciate fully I.he very difficult condition ofthe State linatices, the etTor1s you are making to reduce the State outgoings. and the delicate stage that has been reached in dealings hetween the goyernrnent and represenlulit-'es of public sector employees. For that reason. I do not propose to discuss the merits of the proposed reduction. My concern is more fundamental. The role of an independentjudieinry is. I hope you agree. essential to it functioning democratic state. It is remarkable lheref ore. that it appears Lil.t.tl.L1itl1(J5i ulune within the wider public service. the cuts to be irnposed in respect ofthe pay ofthejudiciary. which are the most severe ofthe meflsules apparently agreed in the public sector genenilly. have not been the subject of any consultation. negntiation or even discussion with the judiciary and were not even communicated directly to it. This comes soon after me coming into force in January of this year of section 22 of the Public Servi ee l"ensions (Single Scheme and Other Provisions} Act 2012 which inc teases the pension contributions l' or new judges by :1 further 9% of salary. reduces the pension payohle. and extends by M3 the period for accrual for any such pension. This proyi sin n. although apparently long in preparation, was not subject to any consultation. discussion or even notilieatio n- Funhennore. in neither case does it appear that there was any attempt to obtain independent expert analysis or indeed null-re any mtsessment however rudimentary. of the int pact on judicial morale. etfeetiveness or the capacity to recruit appropriate candidates front the pn' rate sector. Indeed, it is self-evident t.l1:It there has been no The oi luelgi-1. of tnl.inn:I A so Pry hrf-P "It Tour Cont!' Dub rt -.7 L;l-rt 9- cut' at --Mug -e Tnenaun.-r. A I Thu: an: 12 Circuit Cnunjudgcs who are Unassigned but live in Dublin may also sit in Dublin and mac :-ntiiled to trawl and RATFJ3 Rule kilometre frurn 5 March 20119 -- Diulricl Cir-tuit C1:-url judgm- Ufficinl mal-nr Engine Engine Engine -flMEIIgiI1t lravcl in II capncily up capacity Cap-Icliy I501 caparily I838 year In I200 cc to 1500 6-13? km 39. I 2 rem 46.25 cent 59.0? ccni 70.89 can! 6433 km and 21.22 ECI11 23.02 cc_nl_ 28.46 mm 34.! 5 am! over 4 THE CDUI-ET The Fran' Cnurts 7 AM Man fin {.'eilJ1 re 111.': in Bnile filha Clinth 1' Mr. Justice Niehnlas Kcarns President of I11: High Court 30"' Uelob-er. 20: 3 Mr. flrentlun llnulin Minister for Public E.1rpendi1ure and Reform. l'j-nveninieni Buildings. ."-lerrinn Street. Dublin 2. Dear Minister, I urn aware that the Chief .lusIiL'e has written to you in recent days ennceming I|'e very diflieult eireumstanees being faced by High Ce-m1 Jud gas. who reside outside Dublin. I stresi: that no representations have been directly to me by the small nurnmr judges eoneemed. but it is a fact well knot-.11 vdthin our than it number are experiencing very real hardship through financing from their redneenzl the burdensnme eest from Far away locations. In pnzvinun telephone we have had. you will be :tw:ire of the "e hilling" elTec1 nn Fuitlre recruitrnenls In flowing not merely the reduction in judicial salaries. but also from the increased years of service required now to quality jutlieinl pension- have three up-coming appointments to be made in the High Calm and I am seriously apprehensive that there ni.1}' be ti dearth suitable applicants for all tliese reasons. The Insl: the "plight nf these few judges is a and simple um: and I would sincerely request that the matter he gixen some urgent ennsiderulinn lP\1lslf.i{ an as with kind personal regards. J. -urn: 7 '11 Ck"-1 Private Secretary Minlster from Me ehan Letter from Ehlel Susan Dc-rihartt and the President til the High (curt Nicholas Itninr. about the Ttavel and Subsistence Arrangements certain High Court Judges the Chief Justice and President of the High Court have written to tlnu about the TRIS arrangements for Ht'_l wl-ii:i lnie outside Dublin for train:-lling to and from the Four Courts. In her Mrs. De-riham makes reference lci the IE5 arrangements [or District and (Ircuit Court Judges. The general rule in the service is that people travelling to and frcim wmit are not reimbursed for the cost of such trawl. Members of the Dulri.-achtos while small riumners of those wlinse salaries are paid by the eiichequer are reimbursed for home in wcirlc travel this is usually tar limited cont:iiutiunalflegtslative reasons or lcir historic reasons. Fur example under Article 15.5 at the Constituticin members of the Dircalchtas may be paid for the 'payment at allowances to members 0! each house therein? in respect cil their duties as public representatives and the grant to them at line and such other facilities {if anyl in connection with these duties as the Oireachtas may determine.' Such travel and accumrncidatlon payments are new dependent cm minimum recordey attendance at House. T55 for (Ircuit ('curt Judges For reasons [Item the 19305] circuit Court Judges in: paid travel but not subsistence from their homes taffrom work. Itheir homes ate lhelf This is because in the 19301 did wish to be assigned to their districts as their then lived in D-utslin. This position was accepted by the Euecutlve Council of the lfl5l'l Free State at the time and has temained the positlcin T-IS for District tour! Judge: Since 2005, In Dublin receive an annual allowances of ?3,100 pa for travel to and from their and rural DD receive mileage payments up to fun ed limits. These payments were conceded [or as they' did not have fixed offices and also because a significant rehalancing of the wail: of DC.ls was being, undertaken at the time which prcwided significant savings to the 'State. Suggested dralt replies are actciss for consideration. The replies dci ncit accede to the request. 4 -If (K November 013 Hut rcf: 13 Tlli.'.' Ilnn 'llu: ('tn-urt lluhlin 7 Lu' .1 llcar Justice rcfifl in to 111-: ?111-nut lht: possibility ut' the tr.wc| and expenses at" ('nun Judges who live Iluhlin. A2. you knmt-, smug: taking nfficc. this Gm-crrimcnt has been cngagcd in and tn the stabilisation of tliq: public fittainccs thtnugh on-going and sustainable tcducttotts tn thi: -tn.-at mi: ]'l1Jl'|'llit2 scn'icu:. including those v-'Rh Ihc Judit:t.:try. :.implg.- tin Thu: of the public ltn.1nt:cs which the fotccd nu I11: Difficull ultoiccs had In he made and tlccisions were rtul L1 Rim ;mi.J inmlimtl laugh and unpalatablc Taxes hem spending has bC1.'I'l reduced and public sum-'icq: wotl-tcrs and others 1-uitl (turn the lt:m: sutT-cred rtduclinns in their But actimts. In cnsun: thi: fittancial til" this lltosc actions ham: the tu ittabilisc deficit and led to :t rcductimi in the cost by State. I apptcuctati: that in aflhc the pay and pi.-miun cliangcs m-ct it sltn-t1cr of time than that mad-I: In th: pay of others mCl1JI.llI1].: nfticcholdets which wnm: .1pp|i-rd mat a p-criutl of time. I think it wont: puiutinp. nut that the i:tl'v:ct ofthi: rugs.' tcductinns applied tu tlalc ts that thir net annual salary of the luv. tcduccd by um.-r -Illfih in the p-mud stnuc 2009. and that uJ'tlu: Tfinatsti: and by more than 359; In Ihr: santc period. The pay cut.-. mull In-1 Inw thtnugh into :1 reduction Ill th: pcminm. that will bi: in timc. its with tin: tn.-urwliultning ntajutity nf pimple tn Ireland I am {IE1-'Silt that Judge: lac ant] nnuwua. duties that am fat [trap-a:t functioning til' the: 51:11:. indcp-cntlicttci: and has b-t-an an ;!dnlt1'JhlL" to us all in them: timcs. Thu rule in the public is 01.11 people (tat-cllittg 1n and u.-ark arc n-n1 Icinthunacd fur lltt: rust cal such lrawcl. an: 3 small nu rrt|:tt:r uf tu this rule arc ultcn lint masons. hill: I rnzulu in High {'nuI1 I'-ill llh: Hf Il.I's'ul tn I'Iurn tulrln; I n:yn:l 1h;1l I am unahln: In tn you: rca.1Lu:.4.t .1t 1IIl..'s mm- I 31111 n|"lhs: (ha! If the ucununuic sltualinn the l'uturc II Ir>> lh.'II ha: again. cmaiaunfl Ilmtlin. hiiniatcr fur Public am! llcfulm F'ri'.'atr: tret-Irv liitl nltter from Nicholas Hleehan Letter ham Ehlef Juslite Susan Denham and the President en the teiirt Nicholas Illearns about the Travel and Subsistenee Arrangements of certain High court Judge-L [Hill] 1|-in (hie! justice and President oi' the High Court have written to you about the 1&5 arrangements tor HCJ who live U'U15ldt' Dublin for travelling to and Item the Four Courts In her Di:-ri-h:im ma lies lo the 18:5 arrangements for Disttitt and tirtuit Court luditi:-s. the general ruie in the putilii: service is that people travelling to and from -isiorli are not rt-irriliursed tor the cost of such traiuel. Members of the while very small numbers nl those whose salaries are paid by the eiirheqiier are reimbursed Inc home to work travel this is usualtv for limited reasons or liar hlstu-rii: For eiiample tinder Article 15.5 ol the Constitution members of the U-reabthtas may he paid for the "payment at allow: nces to members or each house thereof in respect at their duties as public and the gra nt to them of free travelling and with hther Iacil-ties til any} in connection with those dutlet at the Oireathlas may determine.' Such travel and accommodation payments are now dependent on minimum recorded attendance at leiristt-r House. ifor Circuit Court lodges for histeritai reasons the 19305} Circuit Court Judges are paid travel but not subsistence from their homes toflrom s-iorli. [their homes are their llC1t]. This is because (C1 in the 19305 did not wish to be assigned to their districts as they then mainly lived in Dublin. This p-nsition was accepted by the Eirr:-tutive Council at the Irish Free state at the time and has remained the position, Tasfoir District Court' Judges since 2006, DCJ in Dublin reteive an annual allowances at (3,105 pa [or travel to and from their homes and rural DU rereive mileage payments up to limits. these payments were for Dc] as their did not have tinned ollitcs and also because a significant tehalancing of the work of was being undertalien at the time which provided significant savings to the State. suggested draft replies .1 re across for van: en. the replies do not accede to the request. F, t' -- 7 November 13 Hm ml IF: WITH Mr Hcams Ihgh ('nun Ihc Cour! Ihc Four lfnurts. Illuhlin 7' Ill! IJ-tar Z'-lr 1 In gmu: to me .1bnu1 possibility uf lhr: tnm:l and r-1' lliplz ('nun ludgrs uuL~.idc Dublin. I also rm:n'r:d nn Ihc rn;:1lc:r II11: As you |u:nnw_ stun: officc. Ihis has been in and v:an1m|1tr:d In the siahilisatinn ml' the puhlic finances ihrouph on-going and sustninahlc in Ilu: ufihc public 1ncludm_L_: with the was nn u1h::r 'Ihc parlnus slalc {If lhI.: public which lh-I: Inhcrilcd wry hard an (Em-crn nu:nl. lJilTculI had to be nunlc and sucl: wcn: ml-zcn and vcry laugh and Tamra; Inn-c spending has been n:duc1:LI and public and nlh-as pasd from Ihc have suffered sigmificanl tcducli-ans in Ihcir pay. llul actions wen: nccusszuy lo msum I114: w.-erg.' financial] survival of this. country. Thnso: dcetsivc actions htm: crL.1l1lcr| Ihc I-n suhilisc lh: dcfcil and I:-d In .1 rcdutliun in the cm! 41-! hy the Slate. I [hat in the cast IJT 'll'lL" judiciary lhq: pug.' i:mI.I .1 .-lunrm nf Iinlc lht: clung-:c made In the p:r_5' of including wan: applied p-L"r"Iu-I] uf time. I think :1 19- pointing out that 111: cfl'cn:1 nf Ihc pay In dart us that net .1Imu;ul 11!" I111: luau. ttdutcd hy in Ilu: pcrifld. sinc: 'mail. and the 'l':lrmIsI4: and 115' most: than 35% in me period. 1111: cub-: u. all l'u|Iuw mm a rcducuirm 'm1l1c11-msiuns that will bu 1115-able In Iln:m tint-c- As with Ills: n1.13nrn}- nf In Ireland I am th.1'I 1.it.1lI3.' Inumn am and duties that an: for Funcliuwning nf I11: '1 mu! hum: .In tu Ila .nl| In the In the Judiciary, I am 1hI.' n:Lt'un: ml' ntfic: and the cxamplc n! Ihmu: who tn with mnilnma In -11' .1 high ~:1:unnL1n| .1: if has dam' Io uhh: 111*: Iulu: In the puhlit: scn'JL's: rs thal lravcllang In and ['mm 'u.ntL .uo: ruinlburzuml |'nr lhu: cm! rrI'suc|1_ travel. an: .1 small number rut" In ruh; wIlm:h am: fur hulurlc rca-muss. Whlh: I am1I::u::.m:1hv: Inn: :n.uic In ufpayilu: Iligh ('curl JuL1gu:.- fur the 1:m.1 1u"l'ruI11 Wu-rk I Ilul I am unable 'In In your n:qur:!i1 .11 Ihlx. Ilmz.-mrct. I am nfms: ticw Iflhc silualm-n Imprm-cs in the future it that could again. Tours Sincerely - Minis-1u:r and 3i THE SUPREME CDUFIT, DUBLIN gt ta wave aeirj AFL- An Prlomh-Bhroithraarnh H3 The Hon. -Justice Susan Danham M3 ChtetJu51Ir:a 5 AH -CHUIRT EAILE. ATHA CLIATH 7. l"rivute 19Mirti:-Ier fur Public Expenditure and Re furnt Crcwentment Fhrildings Mcrriun Street Dublin 2 [ll K: H13 mnnfifig Dear Minister. I refer to your letter ufthe 14"' November. '.1013. refusing tny request for sanction to pay' lligh Conn udges who live at least outside Dublin. travel and subsistence; the mnnie.-t Ifi come out of the Courts Service funds with no request fur my increase In funding. Any such funLls would not be signiliennt. I aim with your response. although I note that :,uu appreciate the arguments For tn)' request and are of the View that if the economic situation imprtaves in the future, it is something that could be considered again. 1 request that you reconsider this matter as we are gating into -.1 year when appruzrimutely twelve may be appointed to the High Conn. and we need the provincial bar tn he represented on the High Court Bench. This wee'l: the tiizwemment made :1 permanent assignment ofn Circuit Court Judge. "t-'I-110 had been to Cork Circuit Cuurt. This Judge lives in Dublin. As has been the for nmny years, he will be entitled ta travel and subsistence from 'u't~'l'1t2l'I he Dublin on Monday until his return to Dublin un. Yet. .1 based Judge of the High Cuun will have no Inn.-el um] suhsistertce when he leaves C-D-rlt on Sunday until he mums on Friday. A is that the High Court has uni}: 5.5% of Judges based outside Dublin and its environs. "fun ref er in your letter to the fact that the cumulative efiieet of pay reduetimts applied to date is that the net of the Tnniseacl: has been reduced by over in the period since 2009. and that of the and Ministers by more than 35% in the some period, and that of thr: pay cuts will follow through tvith reductions in pensions. The reductions in home pay to Judges of the High Court appointed before 2012 has been with consequent follow through on pensions, and the lrotne pray of High Court appointed after 2012 will be 50% less than the before the cuts began to b: imposed. The Jurliciary has played .1 critical role. being the third branch of as w: weather this liscal crisis. I consider it important that the applicants for the come from all over the State. llov.-ever. with the reduction in take home pay of 38% over the 'lost l'evv years on those holding office. and 50% on the new applicants. this has given rise to rm econornic dilliculty. If it hos hisihcr home. sp-ousc. children. outside the Dublin area, it is then necessary for person who becomes a High Court Judge to lmvr:l to Dublin and to organise rt place to live Monday to Friday. With the decrease in this has become in significant burden. As rt consequence of the rtmendment requiring 20 years service before full pension, today's vri ll have to apply before he-'she is 50 years of nge. At such on age rt family person is usually at at stage where children are in school and so the family earn-rot be uprooted- Older applicants would be in rt position where the children will have Iell the nest. but those applicants would not be in at position to receive the full pension. and so are less likely to apply than in recent times svlten the requirement for :1 full pension urns I5 years service. Ireland's constitutionrtl arrangements are such that Judges are the third brunch of government. Judges do not have any say in the spending of the financial resources at the Government's disposal. For this reason. the Judiciary is considered to he the weakest l1r.rnch of govt.-rrunent. as in other common law constitutional democracies. The udicinry can only engage with Goverru-nent on such issues in and respectful murmur. conscious ol't.hc boundaries set by the Constitution. note what you say that the genera] mice in the public service is that people unveiling to from work are not reimbursed for the cost of such lrovcl. There are :1 small number of exceptions to this rule. I have given you an of the Circuit Court Judge enrlicr in this letter. Those exceptions include members. and the El District Court Judges serving in Dublin who receive an expense allot-vrrnee of per urmum [paid quarterly) in respect of oil travel costs from home to Court. in addition to gcnerul travel and subsistence rates. Oircaehtas members constitute part of our govenunent as do Judges. I think it is fair to consider that Oirenehtns members who live outside of Dublin one in an ortnlogous position to no-n-Dublin based High Court that Article l5.l5 of the enables' the to provision in low for the payment ol' to Direrrehtos members in respect of full l'.J n|'Lltc nnpact entail the changes 1t lute made met the last t'nL:r g.c.-irs on the ]Z'0Stlt0t't ofthe have borne reductions in take home pazr 1'-'hicli an: by ct-ttramdinarg.-. lly way the current take home pay ofa judge of the Court is 33.1% less than he or she was paid in 300'}. That is before Iht: irupact of the reduction announced whit-It bring the red ucticm to nppro-1-tim.1tcl3.' J3'/n. A High tlourtjudge appointed since 2t'JIl tal-Les horn: 45.5" a less than an judge was paid in 2009. Again- that i5 lilliifitl further reduction. .-'tll docs l'|t'tl taltt: account nfothcr recent changes which l1-'tt'e ltittl heat-ict irttpact upurtjutlges tltan 01111:!' nterttbers of the public service. The effect is, an cnonnous, The impact upon individuals is 'I.'cl'jn' significant. it heats repetition that the overall int pact of these changes upon the morale and attitude tifsittingjtidgcs. and on the prospect of rccruitrttent of new tnernl-nets of the judiciary. tlcics not appear in been the subject of any assessment still less discussion or even consideration. The scale reductions and curnulntivc effects is particularly when triewed against recent press reports that the present average pay of the public sector is now only 2% less than it was itt 2009. Even ifthat calculation underestimates the impact of reductions in the public sector wage bill the cumpari sun is starlt. In difficult times when sacrifices are being demanded it might have been thought essential to seek the cooperation. goodwill and of all areas of the public service and a branch expected to bear, in relative silence. the hcavi-est burden and that. in particular. significant efliart.-t would have been made to ertsui-e. it" possible, that any reductions and adjustments would be made in the least damaging any to the long term administration of justice and judicial confidence. There is now a self evident necessity In put in place an appropriate mechanism for consultation and credible trustworthy review ofmcasures affecting the judiciatjr. I look lbrward to hearing from you 't't:uurs sin-ct.-rely 5 President their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Uireachtas rrtajr detennirtc". The origins behind this provision have been considered by The llon. Mr. Justice Hogan. The of the Constitution were inspired by .-Ftrtiele of the Weirriztr Constitution which provided that "Reiehstag members enjoy the privilege of free transp-ortntion on {ierman railways and will be compensated. for their expenses according to Reich law". See The flinchy Memorial Lectun: - Sonic tltouL1hl5 ll-'3? Origins of the t.'onsu'tution. llurren Law School. lttay 2012. and Comparison between the test of the Wei mar Constitution and l9l9 and the Constitution of Ireland I937 by the Royal Irish Academy. Thus. Statutory Instrurnent No. l-'l'JF2Dl3 -- Oireochtas (Allowances and Facilities} {Amendment} Regulations 2013 provides for a travel and nccomrnodation allowance for Teaehtai Dtiln ranging from E'9.D0t'l to E3-1.0155 per arrnum. Senators are paid a reduced amount as there are no payments for constituent:y travel. The amounts s-my from ?5350 to E29.5155 pr-r depending on the distance in kilometres of the residence 1' rom Leinster House. The reason for such payments is to facilitate the "duties as public rep-resentatii-es" which necessarily includes constituency travel. Hnwet'er.. Senators do not geograpliical constituencies. yet receive similar allowances to enable attendance at Diieachtas sittings. 'l1ie underlying rationale is clearly to allow for ans who live all Over the State to represent all parts of the Nation. by being facilitated financially in their travel In the in Dublin, and their subsistence while tuorlring in the capital. Thus. the Iegisl.ntit'e organ of Gov.-ernrnent is facilitated in coming from all parts of the State. 5.5% ft: the moment two Judges of the High Court have their homes in the provinces. i.e. approximately orthe High Court. In the early summer we had a public advertisernent for those who wislt to become High Court Judges- The Judicial ftdvisory Board considered the applicants and drew up a list of recommended candidates to send to the Minister for Justice. Just before the list was sent to the Minister. the (l'tTu:er of the Courts Service. llrertdan Ryan who is Secretary to .. 11 call from a person it-hom we had recommended. he applicant said that he had to withdraw his application. having done the financial sums. [which included his family living in the and the necessity ofhis worlt being in Dublin. he could not afford to take the position of High Court Judge. This person was reeonimcndecl by the .li'Ut.l3 and would malre an excellent Judge of the High Court. I am corlcemed that this rellects it new and important reality. It is worth remembering the words of Tom Birigham. one of the most outstanding oomrlton lawjurists and judges in this regard: "Unless, then:t'ore. the rewards of judicial office with 01 Without other benefits) are sufficient to attract the ahlost cnndidot-es to accept app-oirttment. albeit with some finarteinl sacrifice. the of the jtt-diciar:-' must be by the second best, those who (under our system) have failed to make it in private practice, and there would be an inevitable lowering in the standing and reputation of the judiciary and a sea change in the relationship hetvreen a-dvoeate and judge." It should be a matter oi" cortcem at the higltest levels olfioverontent that you tefuscd ti request which would not create an additional burden on the E:-tcltequer. and the effect or which may m:ll contribute to a "second best" Judiciary in Ireland. This is contrary to the Government's commitment to ensuring the recruitment of the very best persons across lreland's public service. Poliev It is worrjring that a consequence of the pay reductions is that it makes it extremely ditlieult for anyone living outside Dublin and its environs, who has <>: funds. It would be the preference of this not to have to act in this may. but it is an overriding at this time. In that th: cngagemc-nt. dialogue and consultation that might be for the determination at' appropriatc rates of remuneration for employccs and in nmre times cunn-an subject to mtg: legal nltligntiun'. llie deeisium. un in suilnrics and pensions in payment For higher paid public servants nllicehuldersj were tssiten by the in that The reduetiuns apply.- ittcluding Iu the members nfthe current and to ntentbers at' the {.it.wer1tn1en1. It would euurse he fur judicial to he ct-tempted from these reductions. especially in light nflhe change made In Article IS of the on feet of the referendum 1. The siltutiun that will continue In apply t'nr -innit: 'years will apply.' ii". as expected. the actions taken by the tu re-sturc the necessuijr balance In our Iiscnl situation. occurs. and 1'ullmv.'ing eunsultntinn as necessary 'H-'ith representatives of the other brtnehes at" (invernrnent, have no doubt t.l'tat means will be adopted by the (Lie-venunent of the dug.' tn tlcterrninc the rcmunemtinn. and any lathe: changes in ennditions of service. for and other hi ghly paid public ll-I_t slew is that any such prnecss should include tu1d_ sh-uulel he designed to retain a degree cut" t'r-um any brunch the as in the nuteurne. I knew that the points 3.'uu ruise are being discussed in the context of the Committee This will permit the re-speclwe of the and executive In be on this dilTtcu|t issue. Pensions . purpuse of the Single Scheme is In reduce the long cost to the fur the pruvisicn of pensions acmss every sector within the public service. and has been in preparation for many years. The then Gotremment announced its intentiun in respect of introducing :1 single pensinn scheme. For new joiner Public Eienunts. in December 2009 tlludget This intention nus reuflinned :1 year later as it constituent part til" Ireland's emiirttitments under the of Financial Support. In udditiun the Minister liar Justiee and his indicated in 2011 that they were satisfied with the 'proposed Single Scheme legisletiun, including in pension tenns. Substantial and necessary cost-savings to the public firtanees are therefore envisaged under the Single Scheme. The Scheme will npemte en :1 new design money amounts. based on set nfeutrent pay. accrue each year towards pension and lump sun: with these stuns indexed in Consumer Price Index (CPI). It should be noted that judges. as they him: _lJ:t:r' scales, will be less inipucted than most other Single Scheme member groups by the displacement of final b-enetits by I '31 NEAXIIMB I-'ilh uf pl.-lulu. urn rt! unique in public.' In rt mu cvfcuy time In cute put) unh in uotlunp um: and mm- productnn) musurn In tenns nfeentributinn r:1te.judges in the Single Scheme are required 'In pay [1 higher eanttihuticln mte than ordinary scheme mt:rnl'tc1's. This 13% rate is also paid by T115 and .'-iinisterx. and content-es m'l.h .1 6.5% rate for ordinary Single Schente ntentbers- More the Single Sclteme rules provide th:tt all of I11-nse gt-nupte whose pension accrual rates are superior to those of ordinary Scheme memi.-ers must page it eurttribulinn rate higher than th.'1tnt'erdirutry Scheme members. This fl1l:t1I15 that. in addition tejudges, TD: and Miniaterzi. other member greups. including Ptisnn Ofiicers. Defence Force: personnel and certain other uffite holders. must also pay -.3 higher-than-standard contrihutinn rate. In Jegislatinp, for the Single Scheme the tank the view that these ltighcr rate'-1 wsrre fullgs warranted fer the gnaupa'-' in question in the eentext at' the valuable pension benefits which they mnuld accrue at an uccelemted rnte The measures which have heen taken in relation to judicial pay and pensions to date hm': been pmpottionale In cithet pubiic earning similar salaries. and have been ::lri1;cn snlely by the State's unfenunntc fiscal position. and commitments nude in securing the bailout Funds From the Tmikn. "t't1Ltr3 sincerely, BRENDAN HOWLIN Brendan Ilowlin. T.D. Minister for I'u'nIie Expenditure and Refenn AH CHUIHT UACHTARACH, BAILE IITHA CLIATH 7. 3 An Ptromh-Ehraithearnh The: Hon. Juslice Susan Dunharn Chief Justrce 25"' O-ctobaar 2013 Mr. lluwlin Minislcr For Public Expenditure and Rcfunn Buiidings Street Dublin 2 Dual Minister. I bring hcfur: you a matter of personal cunccm. which docs not arise [rum any ur lo mc. I seek auihmisalion I0 pay travel and subsistence :1llowa.nI:cs to High Court Judges whusc Tamil)' hum: is nutsidr: Dublin. is authotiscd. the funding wu-uld come out of I111: Courts Scrvicx: budgct. Thus. I am not sccking an)' additional funding. Lncunn Then: is :1 lncurm in I114: Judges of lhl: District Court and Circuil Court Iravcl and if they work away from their homes. Stu I x. However, then: is no provision for travel and subsistence for High Cuutl Judges nu: uulsidc Dublin. THE SUPFIEME COUFIT. DUBLIN Clriginally. the cost of such tr;m:l and subsistence was absorb-cd by High Court Jutlgc.-.; they -could page it out ofthcir saint)'- Huu.-cw.-cg, with the 33% reduction in the salary of :t cunont High Court Judge, it has to can)' such This diffi culty will apply man: to High Court as thcir salary will be Thus. at Judge whose liunily home is in. c.g. Cork. Limcritlt. 'W=ilEl'fD1'Cl. Sligo Ill. the moment has to zmbsidis-: Howl to and fi'~on1 Dublin and subsistence in Dublin Monday to with the decrease in living including lhl: ufuunying El mofiguge. scltool ft:t:5. family etc.. .15 well 113 living in this has b-ccome seriously' Th: principle for public oflicc holders is well .l II ulnlmenls I am 1.-cry concerned that with the rcduccd salaxy for new High Court Judges, that pcoplc living out.-ti dc Dublin will not be able to apply lot High Court positions. This would gtcatly reduce the pool for judicial Mung,' bztni.-stars today have thcir human and work outside Dublin. mg. in Cork. l.itncric.lt, Waterford, Wmtford. Filigo. It would he: ll great loss if their could not nffotd to apply for the officc of High Court Judge. I do not anticipate that iI'tItis is ztuthoriscd that it would he 5-cry mostly. At the moment then: on: two I Iigh Court Jt.rt.lgt::t whosc homcs an: outside Dublin in th: in which I 13111 {They have no lmowlc-dg: of my concem. or of this I would not it would bc a significant financial burden on the Courts in th: future. Radius I suggest that any such travel and allowance would lac given to a High C-nun Judgt: whom: fmnily home is at least IDO outsi-J4: Dublin. I suggest that the rat: ol'tr.wcl and bE_ as for Circuit Court Jud go. as in Appendix 1. oflhe Ilinh Court I have cliscusscd this with the Pncsidcnt of th: High Court. the lion. r. Justice Nicholas who shares my that l'H: will be writing to you Conrlusion In conclusion. this is a matter of personal content to me as Chicflusticc. in rrlolion to the pool mrailablc for the position ofludgc of the High Court. lflhis matter was :.-rutltori Std, it would be funded out ofthc Courts Sonic: budgct. It would moon that people who liw: and work in provincial citics and towns, who haw: furnilics and family homes there. could apply for the post of High Court Judge. 1 APPENDIX 1 CU HT JUDGES fluhlin Helm ulilnn flisiritt DM Disu-in sen-ing in Dublin receive an cxp-cnsc -01' 53.100 per (paid in ufnll travel costs {rum hum: ID L'm.Lt1. 'lhis is in addition the travel it: subsistence that they reclaim: for travel from the Four Emma IO outlying District LC. . Swm'ds._ TallagI1tctc-'l'l1crv: are Zl l}MDjudgI: cnlilltd to this allowance. Maw.-n lilc District Cuu rt Judges Then: un: 12 Mnveahlc l'Jisu-ict Court judge: who live outsidc Dublin sit in Dublin on a regular basis '|11csc I2 tin': cntitlcd subsistence us Ovcmighl EUR121.43 011:: or must 5 at more EUR14.12 Garngc Allawancr: Thus: lljudgcs me also cntitlcd to milcagi: as per the Milcagc Rim-s below. JUURT JUDGES All Circuit tjoun judgr.-5 (10) assigned to Dublin arc entitled 11:: mi lung: from their harm: to Court but not to -- Milclge Rules b?:luw. Their; are 2 Unnssigncd Circuit Court judges who live outside Dublin who sit in on 8 regular hzuzis and there an: 5 Llnlasigned Circuit Ccrurl judges live nutsitlc Dublin who sit in Dublin an un irregular basis. Thus: 7 judges arc entitled to niilcag: and as Incluw. Overnight E12 .43 or man: EUR37.04 5 or more El-1.12 Sitting morn bu: vouched) EUR36.69 Garage EUR4.37