The Government has no choice but to give judges a pay increase, according to the Minister for Public Expenditure.

Cabinet yesterday agreed to give members of the judiciary and opposition party whips a 2% pay increase, as the Public Service Stability Agreement comes to an end.

Meanwhile, judges have also seen cuts to their pensions restored.

The move has come in for criticism just days after the Government rejected a motion calling for student nurses to be paid for their work during the coronavirus pandemic.

On Newstalk Breakfast his morning, the Public Expenditure Minister Michael McGrath said the Government’s “hands are tied on the issue” – but noted that judges can choose not to accept the increases if they so wish.

“Under the 2017 act the Government has to, by the end of this year, specify a date by which the public service pension reduction will be completely removed,” he said.

“We have sought legal advice on this issue over a number of months and our hands are tied.

“The legal advice is very clear and very strong that it is not open to Government to amend that act to push it out further or to set a date for restoration that is so far into the future that it would not be credible.”

He said the legal position, “does not mean that everybody has to accept these pension restorations.”

He said he ‘understands the juxtaposition’ involved in increasing judicial pay while refusing to pay student nurses and welcomed the Chief Justice Frank Clarke’s decision not to take up the pay increase.

“I also read this morning that the Chief Justice is not accepting that increase and that option is open to every other judge,” he said.

He said the Government is committed to addressing the student nurses pay issue.

“There will be a review,” he said. “It is at a very advanced stage. It will be over by the end of this month and the Government will make decision promptly to deal with that.”

He warned that officials must “consider the implications of every decision that we make” – noting that paying student nurses would have implications for a “whole range of other students who are engaged in placements” around the country.

“The Government will address that issue but we do ned to do it in a round and we have to take account of the implications for a whole range of other student placements across the system,” he said.

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