42. EARL of RONALDSHAYasked the Secretary of State for the Home Department if the officers in the prisons service who were transferred from the local authority in 1878, under the provisions of the Prisons Act of 1877, are entitled to an annuity of two-thirds of their salary; or, if not, if they are entitled as Civil servants to the advantages conferred upon the Civil Service by the Superannuation Act of 1909?
§ The SECRETARY of STATE for the HOME DEPARTMENT (Mr. McKenna)"Existing" officers transferred under the Prison Act, 1877, are not entitled to an annuity of two-thirds of their salary, but they may be granted a pension calculated on the length of their service and not exceeding the amount of two-thirds of their salary. It has been ruled by the Treasury that, as these officers derive their right to pension from Section 36 of the Prison Act, 1877, they are not Civil servants within the meaning of the Superannuation Act, 1909, and cannot, therefore, enjoy the advantages given by that Act.
EARL of RONALDSHAYAm I to understand that as Civil servants they are deprived of benefit as prison officers under the Act of 1877, and that as prison officers they are deprived of the benefits conferred upon Civil servants by the Superannuation Act of 1909?
§ Mr. McKENNAI would not put the matter quite in the way in which the Noble Lord does. Their rights depend upon the construction of the Statute, and I. have no power to intervene in the matter.
EARL of RONALDSHAYHas the right hon. Gentleman no power to include them under the provisions of the Act of 1909?
§ Mr. McKENNAI believe not. The provisions of the Act bind me as much as they bind the officers in the service.