HC Deb 02 April 1953 vol 513 cc1349-52
32. Sir E. Keeling

asked the Chancellor of the Exchequer when pensions for judges and their widows and children were introduced; and how the rates then fixed compare with the pensions and lump sums now payable on retirement or death.

Mr. Boyd-Carpenter

The answer to this Question is long and complicated. I am, therefore, with permission, circulating it in the OFFICIAL REPORT.

Sir E. Keeling

I am quite happy about that, but will my hon. Friend tell us now when pensions for judges were made universal?

Mr. Boyd-Carpenter

That is the difficulty, since it turns upon the construction of a number of early statutes and also upon understanding the position prior to the enactment of those statutes. One of the earlier ones that I have looked at is the Judges Pensions Act, 1799, but there were apparently pensions before that.

Mr. Emrys Hughes

Will the Secret Service be employed on this?

Mr. Boyd-Carpenter

Perhaps the hon. Member will put that question down.

Mr. Glenvil Hall

Will county court judges also be included in this statement, or only puisne judges and others?

Mr. Boyd-Carpenter

The statement, I think, relates entirely to High Court judges and judges of similar status. If there is any difficulty about that, there can be no reason why the figures should not be given. I think that the answer as drafted deals solely with High Court judges and their equivalents.

Sir E. Keeling

As my Question referred to all judges, I hope that the answer will do the same.

Mr. Pannell

If the Financial Secretary is taking his researches back to 1799, will he also include in the answer an essay on the general level of corruption in the country at that time, when hon. Members on the other side of the House had undisputed charge?

Sir E. Keeling

What about the Whigs?

Mr. Boyd-Carpenter

I did not have undisputed charge at that time.

Following is the answer:

JUDGES' PENSIONS
— Pension prior to 1950 Act Date From which this amount was Payable Latest statutory authority for the pre-1950 Act pension Superannuation provision under the Administration of Justice (Pensions) Act, 1950
Pension Lump Sum on retiremenet (d) or Gratuity on service (d) death in
£ £ £ £
Lord Chancellor 5,000 1832 The Lord Chancellors'Pension Act, 1832 3,750 7,500 10,000
Lords of Appeal in Ordinary 3,750 1876 The Appellate Jurisdiction Act, 1876 2,812 5,625 6,000
Lord Chief Justice 4,000 1825 The Supreme Court of Judicature (Consolidation) Act, 1925. 3,000 6,000 8,000
Master of the Rolls 3,750 1825 Ditto 2,812 5,625 6,000
Lord Justices of Appeal 3,500 1873 Ditto 2,625 5,250 5,250
Other Judges of the High Court 3,500 1825 Ditto 2,625 5,250 5,250
Lord Justice General and Lord President of the Court of Session. 3,750 (three-fourths salary) 1887(a) The Judges Pensions (Scotland) Act, 1808 2,812 5,625 5,625
Lord Justice Clerk 3,600 (three-fourths salary) 1887(a) Ditto 2,700 5,400 5,400
Other Judges of the Court of Session 2,700 (three-fourths salary) 1887(a) Ditto 2,025 4,050 4,050
Lord Chief Justice, Northern Ireland 3,000 (two-thirds salary) 1926 The Supreme Court of Judicature of Northern Ireland Act. 1926. 2,250 4,500 4,500
Judges of the Court of Appeal, Northern Ireland. 2,333 (two-thirds salary) 1926 Ditto 1,750 3,500 3,500
Other Judges of the High Court of Justice, Northern Ireland. 2,000 (two-thirds salary) 1926 Ditto (b)1,500 3,000 3,000
(c)l,750 3,500 3,500
NOTES:
1. Pensions for judges themselves (as distinct from their widows) have been in operation for varying lengths of time, in some cases since 1799 when the Judges' Pensions Act provided pensions for the Lord High Chancellor of Great Britain, the Chief Justice of the Court of King's Bench, the Master of the Rolls, the Chief Baron of the Exchequer and many others. Some of the offices covered by this Act have since disappeared and new offices have since been created.
2. Pensions for widows and children of judges were first introduced by the Administration of Justice (Pensions) Act, 1950. This Act replaced the pensions item payable by smaller pensions plus lump sums payable on retirement or on death in service and pensions for widows and children. The widows pension is one-third of the judges pension, and is supplemented for children. These new benefits are broadly equivalent in total value to the pensions they replaced.
3. The Table above covers all the judges dealt with in the current Judges' Remuneration Bill. It shows the dates since which the various pension rates payable immediately before the change of system in 1950 had been in force. The Acts quoted in the fourth column indicate the last occasion before 1950 on which the pensions had come under legislative notice.
The significance of (a), (b), (c) and (d) in the Table is as follows:—
(a) The pensions in these cases have represented three-fourths of salary since 1808, but lower salaries were paid before 1887.
(b) Before 1st July, 1951.
(c) Since 1st July, 1951. The salaries were increased by the Judicial Offices (Salaries, etc.) Act, 1952.
(d) Subject to reductions by the amount of the contribution towards the cost of widows' pensions.