HC Deb 07 March 1939 vol 344 cc1917-8
73. Mr. Mathers

asked the Lord Advocate what considerations guided him in making the recent appointment to the position of Clerk of Justiciary; what is the age of the appointee; and at what age will he be required to retire?

The Lord Advocate (Mr. T. M. Cooper)

For many years the office of Clerk of Justiciary was held by an advocate on a part-time basis. A change was made experimentally in 1933 when a whole time civil servant was appointed, but on review of the circumstances on his retirement last month, it was found that the post could be adequately filled, as formerly, on a part-time basis. The person appointed is 61 years of age and will be required to retire not later than at age 70.

Mr. Mathers

While disclaiming any idea of criticising the individual who has been appointed—for I have nothing whatever against him—may I ask the Lord Advocate whether this is a sample of the kind of appointments that we will get as the result of the passing of Clause 4 of the Reorganisation of Offices (Scotland) Bill, which has been through Committee?

The Lord Advocate

No, Sir. The post in question has been held for a great many years by a succession of eminent counsel. As far as I am aware, a solicitor has never held the post.

Mr. Buchanan

Was the retiring occupant an advocate; and will the person who gets the new appointment receive any pension from the Crown on his retirement?

The Lord Advocate

The answer to the first part of the question is that the person who held the appointment from 1933 until a month ago was a civil servant——

Mr. Buchanan

And an advocate as well?

The Lord Advocate

No, he was not a member of any branch of the legal profession. The answer to the second part of the question is that the post does not carry a pension.