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Referendum on judges’ pay is passed with huge majority

Alan Shatter at Dublin Castle yesterday.
Alan Shatter at Dublin Castle yesterday.
Image: Julien Behal/PA Wire

Updated 21.09 with Minister Shatter’s statement

THE RESULTS OF the referendum to allow for the reduction of judicial salaries has been passed by over a million votes.

The returning officer at the National Count Centre in Dublin Castle announced the results of the 29th Amendment (Judges’ Renumeration) a short time ago.

This is how the results panned out:

  • The total number of votes cast - 1,785,707
  • The number of spoiled votes - 37,696
  • Valid votes – 1,748,011
  • In favour/’Yes‘ – 1,393,877 (79.7%)
  • Against/’No‘ – 354,134 (20.3%)
  • The majority in favour – 1,039,743

The constituencies of Mayo and Wexford had the highest ‘Yes’ vote at 82% and 81.8% respectively. See Referendum.ie for the constituency-by-constituency breakdown.

The passing of the judicial pay amendment was expected since earlier today when polls in regional centres indicated a ‘Yes’ vote was in the majority. However, the large number of spoiled votes – nearly 38,000 of them – will reinforce debate that the electorate were not satisfied with the clarity of the language used on ballot papers or explanations of what both referendums meant.

However, Justice Minister Alan Shatter said this morning that the judicial pay referendum had a “far longer lead-in” time than the Oireachtas inquiries poll. He dismissed the criticism of eight former Attorney Generals on the pay issue as having “very little reasoning” behind it.

From Referendum.ie:

refs

Justice Minister Alan Shatter welcomed the ‘Yes’ vote with this statement last night:

I welcome the substantial  public support for the Government’s proposal on judges’ pay.  I was struck during the run up to the ballot by the appreciation that this proposal was fundamentally about fairness and ensuring that our judiciary were not perceived as immune from the financial difficulties affecting the state that have impacted on the pay of thousands of public servants.

People were also anxious to ensure the continued protection of the independence of the judiciary and understood that the Constitutional Amendment that is now approved by the people would not in anyway undermine that crucial independence which is of vital importance to us all.

Amendment on Oireachtas inquiries is defeated>

Howlin hints that a ‘No’ vote in Oireachtas inquiries amendment won’t be the end of it>

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Comments (52 Comments)

  • Brian Kelleher 29/10/11 #
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    *facepalm*

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  • P Wurple 29/10/11 #
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    Why would you spoil your vote instead of voting no?

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    • Elizabeth Taaffe 29/10/11 #
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      If people don’t understand it then they shouldn’t tick no for the sake of it. I spoiled my vote for the other referendum because I felt I didn’t know enough to make an informed choice.

    • Réada Quinn 29/10/11 #
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      Elizabeth. If you’re not sure you should vote no. That means there’s no change and that is better than just a spoil. The gov don’t get any message from a spoil – they don’t care

    • Bren O Connell 30/10/11 #
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      Don’t u mean , why would u spoil your vote instead of voting yes.

    • Brian Daly 30/10/11 #
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      @Elizabeth – I’m surprised to hear that you spoiled your vote and admit to doing so publicly. If you did not have enough information to make a decison, you should have voted NO. This means that there is no change to the status quo. The same applied to all constitutional referenda.

      A vote is a valuable thing and there is an obligation upon you to know how to vote and what you are voting for. Spoiling a vote should never be an acceptable option as it says nothing and means that you have no voice. Better off to stay at home!

  • Daniel R 29/10/11 #
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    Great, now how about one for politicians pay?

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  • Eire 29/10/11 #
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    Good judges have taken enough of people with silly fines in the district courts like no TV Licence great to get some Pay Back!

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  • Daniel R 29/10/11 #
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    Exactly, always crapping on the little people How many bankers have they locked up?

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  • Sean 29/10/11 #
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    There have been no prosecutions of bankers, itd be a bit difficult for judges to lock them up without resorting to vigilantism

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  • John Brady 29/10/11 #
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    Not a good thing for the people. What and who can influence a judge now? Is it possible that the high court ruling forcing the Donegal by-election in 2010 was a shot across the bow of politicians that they are not the highest power in the land? This result only introduces an element that now the law of the Ireland is more exposed to influence and corruption.

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    • Ryan Allen 29/10/11 #
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      Seriously? I somehow can’t see a 10-13% pay cut being imposed on the judges causing them to turn to dark side. Scaremongering!

    • stephen corrigan 30/10/11 #
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      Isn’t that like saying if we cut nurses pay, the will let us die (wait that didnt matter) and if we cut teachers pay, they wont teach our children (sure who cares about our children) everyone in the public sector has been cut and why should the jugdges be regarded as anything different than a public servant.

    • Maureen Kelly 31/10/11 #
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      @John. Are you saying that the judges lack integrity? :)

  • Cormac 29/10/11 #
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    Who were the 20.3% who voted No made up of, I wonder? Here’s my guess:
    - members of the legal profession, including probably every judge in the country.
    - that odd breed of person who seems to blindly vote No to every referendum in this country, regardless of what it is actually about.

    Reply
    • Brian Kelleher 29/10/11 #
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      That seems like a solid analysis to me there Cormac, you might also want to include those who value the independence of the judiciary. I mean, it’s not like the separation of powers is the foundation of any constitutional democracy or anything…

    • Nikita Purcell 29/10/11 #
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      How about the 20% is made up of voters who understood the implications of a ‘yes’ result in this referendum. For starters the whole thing was so vague from start to finish. There wasn’t one informed voter in the whole country on this issue.

    • Cormac Flanagan 29/10/11 #
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      I voted no to it. Don’t think people truly know the implications of this.

    • Hanly Sheelagh 29/10/11 #
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      And probably those who understand that this is totally unnecessary and a total waste of tax payers money because the number of judges who fit into the category that will be affected is not worth it and as time goes by and these judges retire it will be non-existent.

    • Dave Finn 29/10/11 #
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      Count those of us who do not want to see politicians holding any influence over the judiciary. Sorry to burst your little bubble of moral outrage there.

    • P Wurple 29/10/11 #
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      Add ‘critical thinkers’ and you have the complete list.

      I voted no, because I take the constitution seriously and I believe it should be unambiguous. I had no problem with reducing judges pay, but why couldn’t they word this section clearly? What in the world are ‘classes of people’? That can be interpreted to mean anything anyone wants. Crazy stuff. It needed to be rewritten.

      It will be fine in the short term, let’s hope this change doesn’t bite us in the bum years down the line.

    • Danny McLaughlin 30/10/11 #
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      I voted no.
      I’m neither a member of any law profession, nor am I a serial No voter.

      If you don’t understand, or didn’t bother to look at any of the no arguments, you made an informed choice. Didn’t you?

      Otherwise, you would know that the No arguments were valid and wouldn’t be making sweeping statements on this site.

    • Cormac 30/10/11 #
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      The amendment still allows for the independence of the judiciary. Read the wording. If the government tried to reduce judges’ pay to “keep them in line” there’s now way it would be found to be constitutional after a challenge.

      FWIW I do value the independence of the judiciary. I voted No in the other referendum because the amendment is far too open-ended. The one on judges’ pay is pretty much watertight.

    • Brian Kelleher 30/10/11 #
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      Eight former Attorney Generals, a former Chief Justice and a sizable number of legal academics beg to differ. Maybe we should’ve trusted the experts on this one.

    • stephen corrigan 30/10/11 #
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      This is a constitution that says a womans placce is in the home and that people cannot have an abortion even if their life depends on it.

    • goblin_insane 30/10/11 #
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      Or those of us who believe in the separation of powers. There was a reason the constitution was written the way it was.

    • Brian Daly 30/10/11 #
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      Cormac – add to the 20% people who may not understand the implications of the changes and were thus unhappy to vote yes.

  • John Brady 29/10/11 #
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    Came across this Indo article after my previous post above. Will look into it further but it appears that other nations place more value and importance on the separation of powers and the independence of the judiciary than we do.

    http://www.irishtimes.com/newspaper/ireland/2011/0705/1224300091064.html

    Reply
  • LesEnfant Perdu 29/10/11 #
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    Judges can be very arrogant and aloof: for good reason, they are part of an elite. But ignore the people at your peril, the people have spoken. It is what it is.

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  • Oran Drumgoole 29/10/11 #
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    Well done Ireland.

    Now i know for sure if i ever get into power if I want to push a referendum on something ridiculous I need only find something populist to attach it to and preferably have the referendum on during x factor so people aren’t really paying attention to detail !

    This wasn’t simply a referendum on judges pay it was a referendum on politicians having the power to change the pay at their discretion.

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  • Dario Fo 30/10/11 #
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    The Law is never about justice. It’s just about how clever the makers of it are..

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  • Iain Murray 30/10/11 #
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    Its not the judges racking up the bills, it’s the solicitors and barristers! This was a stupid referendum that probably cost more than it will save.

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  • Lou Brennan 30/10/11 #
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    My heart is broken for them. What’s a judge going to be able to do now on only 4 grand a week.

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    • Orion 30/10/11 #
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      How do you know that judges are going to be paid that in future
      ( E208,000 Net ) ???

    • Brian Kelleher 30/10/11 #
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      @Lou Brennan

      You’re missing the point. The judges’ pay itself is not the issue, the issue is WHO decides the judges pay – and one thing’s for certain it should NOT be the Oireachtas. The two are supposed to be independent from each other for a normal constitutional democracy to function.

      So if you’re heart isn’t broken for the judges (vast majority of whom already took a voluntary pay cut), maybe your heart might go out to those who are involved in cases against the state, 50% of all cases heard in this jurisdiction apparently, in front of a judiciary whose impartiality has been severely compromised by this election. The ordinary citizen is the real loser here, not the five judges who didn’t take their pay cut voluntarily. I hope you realise that.

    • LesEnfant Perdu 30/10/11 #
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      But that’s the point: if those 5 judges took the voluntary pay cut this would have never happened. They left the whole profession wide open and have paid the price. Nobody to blame but them IMO.

  • John Murray 30/10/11 #
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    I left a cardboard box at the entrance of the four courts, if you have any excess tinned goods could you please stick them in the box for our wig wearing masters!!

    Reply
  • Lou Brennan 30/10/11 #
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    O my my heart is bleeding for judges throughout the land? I’m going to have a novena said for the poor cratines.
    The people have spoke.

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  • Eoin Gildea 30/10/11 #
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    Why are the Irish people, even now, still too feckin lazy to do a few hours research on topics that directly effect them! Idiots. No wonder Fianna Fail still came second in a presidential race

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  • stephen corrigan 30/10/11 #
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    The people have spoke, thats a democracy and i think we are very lucky to have had the opportunity to vote on changes to our constitution which most countries dont have. The constitution is outdated as regards the catholic teaching but you must respect de Valera for putting it in that we get a refrendum on any change. The cost of the referwndum doesn’t matter, we should be grateful we had the right to choose. Personally i voted no, not for the independence of the judicary but because we were not told the long term reprecussions however the majority of irish people have spoken and i respect that and so should evevryone else.

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    • Hanly Sheelagh 31/10/11 #
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      The referendum is outdated with regards to the Catholic teaching????? What on earth does that mean. You shouldn’t be saying what you (thought) you heard someone else saying until you know what you’re talking about.

  • Oran Drumgoole 30/10/11 #
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    Are people actually reading the reasons why people were against a yes vote?

    It’s no surprise that it got a yes when people are writing such crap as “my heart bleeds for the judges” etc. pretty much sums up their complete inability to understand what they voted on. Also shows they were easily conned by the government on what exactly they were voting on……

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  • Eric Chubb 30/10/11 #
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    I voted “no” because the amendment torpedoes an important cornerstone of our legal system – protection of judicial rulings from state interference – and goes to show how you can cod the Irish electorate these days by spinning an issue into being about a bunch of rich people in a time of economic hardship. As far as I can tell, people misunderstood the referendum as being about the current remuneration of judges, whereas it was ACTUALLY about who controls their pay – two different but not unrelated issues.

    In either case, the electorate have reverted to the now-default behaviour of parochial, short-termist begrudgery (“if I can’t have it, they can’t either!”) and failing to see the larger civic and social implications of this amendment. 85% of the judiciary have already taken pay cuts, so any savings to be made are dwarfed by the cost of actually holding the referendum. The amendment’s wording is also ambiguous about when a judge’s pay can be reduced, merely defining it as when it may be “in the public interest,” which an open-ended and uncertain definition.

    We all know Alan Shatter isn’t going to use the amendment to influence judicial rulings, but what’s to stop another govt in ten years (i.e. Sinn Fein) doing the same? A sad sad day for Ireland.

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    • Hanly Sheelagh 31/10/11 #
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      Yes indeed but what do you do with an electorate who won’t inform themselves and vote on their emotions rather than on policy or facts?

  • Brian Kelleher 30/10/11 #
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    You can spot the people who voted “Yes” by their spelling. Says a lot.

    Sorry for being condescending (that means when someone talks down to you) but you really don’t seem to be capable of even reading the reasons we should’ve voted no. Makes it kind of difficult to hold you in any kind of esteem.

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  • Réada Quinn 30/10/11 #
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    Surprise. Surprise. They should have a referendum asking us now do we think our bosses’, politicians’, consultants’, dentists’, (are ye getting the point?) pay be reduced. Talk about trickery and deception. Makes me mad!

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