HC Deb 16 May 1901 vol 94 cc262-3
MR. KEARLEY

I beg to ask the Secretary to the Treasury whether, in view of the statement made by the Secretary to the Treasury on 28th May, 1900, that differences of opinion existed between the Lord Chancellor, the late Lord Chief Justice, and the late Master of the Rolls as to the application of the retirement rules of the Ridley Commission to the clerks of the several divisions of the High Court, he will ascertain whether such difference of view prevails among those now holding these posts; and whether they can now be induced by the Treasury to apply the same rules of retirement among these clerks as prevail in all other public offices; whether he is aware that there were twenty-five clerks on 5th April, 1900, between sixty-five and seventy-five years of age, with thirty-two to fifty-four years service; and that there were six clerks of over twenty years seniority serving in the same class and on the same pay as at time of entry, with ages ranging from forty to seventy-one years; and whether, considering the strong opinion expressed by the judge of the Probate Court, in common with the late Lord Herschell, in favour of retirement rules working automatically, he can state what action he proposes to take.

MR. AUSTEN CHAMBERLAIN

I am informed by the Lord Chancellor that owing to the doubts which have been expressed in high legal quarters as to the power to make a general rule applicable to the clerks appointed under the Judicature Acts, it would now be impossible to deal with this question without legislation. This view appears to have been shared by the late Lord Herschell, as he included this subject in a Bill brought in by him to amend the Judicature Acts.