Fitzgerald appeals ruling on retired judge

In a highly unusual step the former High Court judge had sought to return to work as a barrister because of inadequate pension arrangements, after it was reduced by 38 per cent to €78,000 per annum.

But Bar Council rules prevent retired judges from returning to practice in a court equal to or lower than the one they presided over which would have restricted Mr White to appearing only in the

Court of Appeal or Supreme Court. The Minister of Justice subsequently refused to consider Mr White for legal aid work.

Seventy-one year-old Mr White argued that his constitutional rights to work and earn a living had been violated by the Government’s refusal to include him on the panel of counsel for criminal defence work.

In July, Mr Justice Max Barrett found in his favour ruling that the Minister erred in law by deciding that Mr White must be regulated by the Bar Council before he can return to his specialised line of practice in the Circuit Court.

The Justice Minister’s appeal, lodged on Monday, will be heard on October 25th.