JUDICIAL OFFICES (SALARIES) ORDER 1966 (Hansard, 12 May 1966)

§ THE LORD CHANCELLOR
My Lords, I beg to move that the Judicial Offices (Salaries) Order 1966 be approved. The Judicial Offices (Salaries and Pensions) Act 1957 provides that, if it appears to the Lord Chancellor that any of the salaries which are the subject matter of that Act ought to be increased, he may with the consent of the Treasury make an Order accordingly, provided that a draft of the Order has been laid before Parliament and approved by Resolution of each House. Those whose salaries are affected by this Order are the recorders 791 of Manchester and Liverpool, the county court judges and the metropolitan magistrates.
For many years successive Governments have taken the view that those considerations which are relevant to any increase in the remuneration of those affected by the Act are the same as those considerations which are relevant to the question of an increase of remuneration for the higher Civil Service. As your Lordships know, the remuneration of the higher Civil Service is periodically examined by the Franks Committee, who report with recommendations, and it has been usual for successive Governments to accept the recommendations of the Franks Committee in this sphere. Then, the higher Civil Service remuneration having been provided for, it has been usual for the Lord Chancellor, with the approval of the Treasury, to apply to those who are the subject matter of this Order increases exactly proportionate to those granted to the higher Civil Service.
In this case, that course was not followed because the Government did not at first accept the recommendation of the Franks Committee in relation to the remuneration of the higher Civil Service, for they were not sure that it was in line with their prices and incomes policy. Accordingly, as they had done in the case of the remuneration of the Armed Forces, they referred the Report to the Prices and Incomes Board; but when the Prices and Incomes Board said that the recommendations were in accordance with the prices and incomes policy, the Government accepted and implemented the recommendations so far as the higher Civil Service was concerned. The Draft Order before the House is therefore one which would increase, precisely proportionately to the increases granted to the higher Civil Service, the salaries of those who are the subject matter of the Order. The mean annual rate of increase is in fact 3½ per cent.
There is only one difference between the position of the higher civil servants and that of those who are the subject matter of this Order—namely, it has been usual in the case of the higher civil servants to make any Order for an increase, or any decision to increase their remuneration, retrospective to about the date of the Franks Committee Report. That 792 was done this time, so the increases of remuneration in the case of the higher Civil Service have been made retrospective to September 1 of last year. But under the Act there is no power for me to make an Order making any increases covered by the Order retrospective. So—and it has always been a matter of some complaint, I think, on the part of those who are covered by this Order—they always lag about six months behind the Civil Service. I think that on this occasion it is nine months, probably owing to the reference to the Prices and Incomes Board. I have ventured to say so much merely because we live in days when an increase in anybody else's remuneration is not uninteresting to the rest.
I think I need only conclude by reminding your Lordships that the Special Orders Committee of your Lordships' House, having examined the Order, have reported that in their opinion the provisions of the Order do not raise important questions of policy or principle, that the Order is founded on the precedents of previous Orders relating to these officers, and that in the opinion of the Committee the Order can be passed by the House without special attention. My Lords, I beg to move.

VISCOUNT COLVILLE OF CULROSS
My Lords, with the possible exception of the next Motion that the noble and learned Lord who sits on the Woolsack is to move, in the debate on which I see I have the most improbable precedence, I think this will be the least controversial of the legal matters that are before the House this afternoon. I hope that I may speak on behalf of all noble Lords behind me in saying that we welcome this move. We consider that it is entirely suitable that the salaries of those who are covered by this Order should go up in the way that the noble and learned Lord has described.
With the importance of the work that they do increasing all the time, it is, I am sure, most important that the salaries they receive should be sufficient to attract people of the highest calibre, and that there should not be at any rate more than nine months' lag before they are awarded these increases. In view of the fact that 793 the Order cannot be made retrospective, I am sure that noble Lords will be glad that it can be given quick approval this afternoon, and I hope it will be put into effect very soon indeed.

§ THE LORD CHANCELLOR
My Lords, I am grateful to the noble Viscount, Lord Colville of Culross, for the kindly way in which he has received this Motion, which I will now put to your Lordships.