DRAFT JUDICIAL PENSIONS (FEE-PAID JUDGES) (AMENDMENT) REGULATIONS 2023

Alex Cunningham Excerpts

Tuesday 21st February 2023 General Committees

[Alex Cunningham (Stockton North) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Nokes.

The Minister and I have faced each other across the Dispatch Box a couple of times, as we will later today, but this is the first time we have shared an SI. The Opposition are going to give him a very easy time of it this morning.

As the Minister has outlined, the SI amends the Judicial Pensions (Fee-Paid Judges) Regulations 2017, which established the fee-paid judicial pension scheme, and provides pension benefits for eligible fee-paid judicial service from 7 April 2000 to 31 March 2022. It mirrors the pension benefits for salaried judges under the Judicial Pensions and Retirement Act 1993.

Today’s SI amends the 2017 regulations as required by the “O’Brien 2” litigation in the number ways that the Minister has described. It is complex, but we are happy to support the SI. I am a strong believer in equal pay for equal work, and the work that fee-paid judges and salaried judges undertake is the same. It is right that it is recognised as such in their pensions.

Can the Minister shed some light, however, on an additional ongoing issue about part-time judges’ pension payments in relation to the Retained EU Law (Revocation and Reform) Bill? The regulations that are being amended today are based on the UK’s obligation to give effect to EU directive 97/81, which banned discrimination against those who work part-time. There is some anxiety that if the Justice Secretary does not take action, those regulations may be revoked by the Retained EU Law (Revocation and Reform) Bill. That could have an impact on more than 11,000 serving or part-time judges, and it has been suggested that they could lose up to £3.5 billion if those regulations are not retained. It is said that, in some cases, that could amount to a staggering 43% pay cut.

I expect that the Government, having brought forward today’s SI, will undertake the necessary work to address the matter that I have raised, but given that there is no mention of judicial pensions on the retained EU law dashboard, I would be grateful if the Minister clarified his Department’s position on them. I hope that he will commit to retaining the 2017 regulations, as amended by today’s regulations.

--- Later in debate ---

[Mike Freer)]

First, I thank the shadow spokesmen for their contributions. They have raised a valid question and I am aware that the judiciary are somewhat exercised about it. I reiterate that the judiciary are valued, and I know that the Lord Chancellor is currently reviewing the options available under the Retained EU Law (Revocation and Reform) Bill to ensure that we comply with our obligations while maintaining the esteem in which we hold our judiciary. I cannot commit my right hon. Friend the Lord Chancellor, but I can tell the hon. Gentlemen that the issue is high on the agenda and it is one that we take extremely seriously.

[Alex Cunningham]

I am rather fascinated by that particular answer. It sounds as though the Minister does not actually know whether the regulations that we are amending today will be retained in the long term. I promised to give the Minister an easy time, but why on earth are we in this room amending regulations that could be confined to the bin, not to mention all the ramifications of that, within a few months? Surely we should have a date by which this issue will be sorted out.

[Mike Freer]

The amendments are needed to comply with existing legislation and to fulfil the existing commitments that we have given to the courts. That is why we are here, and why we need to pass the regulations. The scope of the Retained EU Law (Revocation and Reform) Bill and its impact on judicial pensions is being reviewed by the Lord Chancellor. I am happy to repeat that it is not the intention of my right hon. Friend to do anything that would undermine the esteem in which we hold our judiciary.

Question put and agreed to.