Financial Emergency Measures in the Public Interest (Amendment) Act 2011

PART 3

Remuneration of Judges and Certain Other Office Holders

Amendment of section 46 of Courts (Supplemental Provisions) Act 1961.

10.— Section 46 of the Courts (Supplemental Provisions) Act 1961 is amended—

(a) by the insertion of the following subsection after subsection (3A):

“(3AA) Subsections (1) to (3A) shall be construed subject to subsections (9A) to (9C).”,

(b) in subsection (9), by the substitution of the following paragraph for paragraph (a):

“(a) The Government may, whenever they consider it appropriate to do so, by order increase the annual sums payable by way of remuneration to the several judges of the Supreme Court, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011.”,

(c) by the insertion of the following subsections after subsection (9):

“(9A) Subject to subsection (9B), the annual sums payable by way of remuneration to the several judges of the Supreme Court, the High Court, the Circuit Court and the District Court who are appointed to any of those judicial offices on or after the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be the following, namely—

(a) to the Chief Justice, the sum of €226,376,

(b) to the President of the High Court, the sum of €210,206,

(c) to each ordinary judge of the Supreme Court, the sum of €197,272,

(d) to the President of the Circuit Court, the sum of €190,805,

(e) to each ordinary judge of the High Court, the sum of €185,956,

(f) to the President of the District Court, the sum of €145,644,

(g) to each ordinary judge of the Circuit Court, the sum of €140,623, and

(h) to each ordinary judge of the District Court, the sum of €122,512.

(9B) If, in the case of a person who—

(a) on the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011, holds a judicial office, and

(b) at any time after that commencement, is appointed to another judicial office,

the application of subsection (9A) to the person would result in the remuneration of the person under this section being reduced, then that subsection shall not apply to that person and he or she shall continue to be paid the remuneration that he or she would have been entitled to be paid as the holder of the first-mentioned judicial office.

(9C) (a) The Government may, whenever they consider it appropriate to do so, by order increase the annual sums payable by way of remuneration to the several judges of the Supreme Court, the High Court, the Circuit Court and the District Court to whom subsection (9A) applies.

(b) An order under this subsection may, if so expressed, have retrospective effect.”,

and

(d) in subsection (10), by inserting “or (9C)” after “under subsection (9)”.