Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Amendment) Regulations 2019

Debate between Baroness Chakrabarti and Lord Faulks

Wednesday 20th February 2019 Lords Chamber

[Lord Faulks (Con)]

My Lords, before my noble and learned friend answers that difficult question, I wonder whether he can help the House on a general question about judicial pensions and eligibility. Judges must now retire at the age of 70; there is strong feeling abroad that this often wastes judicial talent. In other fields, people often peak at 70 so a retirement age of 75 may be far more suitable, given that the same retirement age applies to magistrates, jurors and other people given the task of determining matters of justice.

[Baroness Chakrabarti (Lab)]

My Lords, in a crowded and noisy political landscape, it is easy to overlook the importance of protecting our judiciary and making adequate pensions provisions for our people. Forgive me for suggesting this, but this House is perhaps uniquely qualified to value the importance of both.

I begin by politely disagreeing with the concerns expressed by my noble friend Lord Adonis a moment ago. I have no concerns about the Supreme Court’s ability to deal with any disputes relating to judicial pensions. Of course, the Opposition do not seek to divide the House on the interim provision set out by the Minister but I want to take this opportunity to urge him not to kick the can down the road into next year and beyond. It is concerning that the Government have recently had a number of disputes of this kind with judges, including the defeat referred to earlier. I agree with a number of the points made by the noble Lord, Lord Beith, about the importance of a confident and, frankly, happy judiciary to which we can adequately recruit to protect our reputation as a rule-of-law nation, whether we are inside or outside the EU. We need to boost our judiciary’s morale now and for some years to come.

I agree with the one-year extension of this scheme but concerns over judicial pensions need to be considered in the broader context of the austerity measures that hit the Ministry of Justice particularly hard, including budget cuts of a third since 2010. Savings made in the revised pensions schemes are just one area where spending has been seriously squeezed. Devastating reductions to the court estate, further proposals for the relocation of case management functions, listings and scheduling, new off-site service centres and service centres supervised by authorised staff, not judges, are some of the issues we discussed last year in the context of the then courts and tribunals Bill.

We on these Benches are concerned about the judgment to which the Minister referred. A finding against the Government relating to unlawful age discrimination is very concerning. Going forward, I urge the Government, in as friendly a manner as possible, to consider the acute shortage of High Court judges. As I imagine many people in the Chamber will be aware, senior lawyers and practitioners are not putting themselves forward for High Court appointment—including some highly qualified people who would be keen to complete their prestigious careers in what is a vital public service in this country. Too many positions have been left vacant for years with the very slight prospect of them being filled in the next few years. Time and again one hears that this recruitment crisis is in no small way affected by the change in judicial pensions.

We must ensure confidence in our legal system, perhaps more than ever in the times we are all attempting to navigate now. We need our judicial Benches—the entire judiciary, whether tribunal panel members, chairs, district judges, county court judges or circuit judges—to be made up of exceptional individuals. Those stressful and expert roles need to be properly remunerated for that to continue. I urge the Minister and the rest of the Government to sit down promptly with judges and have a serious discussion about how to fund that vital part of our constitution going forward, and how to boost morale and recruitment to our judiciary. With that plea to the Government, there will be no objection from these Benches to this interim measure.

Independent Inquiry into Child Sexual Abuse

Debate between Baroness Chakrabarti and Lord Faulks

Thursday 20th December 2018 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, this is a sad and delicate subject for our last substantive debate before Christmas, but the fact that it has been such a non-partisan and thoughtful debate makes it important and appropriate none the less. It also gives me a belated opportunity to welcome the Minister, the noble Baroness, Lady Barran, to her role; she has already, very quickly, discharged it with enormous distinction and thought. I look forward to hearing her remarks on this difficult subject in a moment. This is also an opportunity for me to thank my noble friend Lord Campbell-Savours for a lifetime of commitment to principles of natural justice and other human rights principles.

It is especially difficult to discuss these matters in the context of people who we have known, loved and respected. I must, for the second time today, thank the right reverend Prelate for the way in which he has handled these difficult matters, not least—if I may say it—when two of my formidable noble friends almost began a cross-examination; he showed enormous talent and fortitude.

Human rights are indivisible and, in this context, that means due process, fair trial and fair hearing rights, as well as vital human rights for the vulnerable to be protected from abuse—and who could be more vulnerable than children? This must be said, so that no one outside your Lordships’ House thinks for a moment that your Lordships’ House is trying to discourage victims of abuse from coming forward. I am sure that goes without saying here, but I want to say it in your Lordships’ name. Unfortunately, that will sometimes mean coming forward a long time after the event because of the nature of childhood and so on.

All of us want of course to build a society where the presumption of innocence is real, and where it is easier for victims of all kinds of abuse to come forward in the moment through proper, open and accessible procedures, and not years later in the media. Yet we still live in a society where the presumption of innocence is not real in ordinary life, where slurs and quick, harsh judgments are made—dare I say it—in political life and in the media, where we hear “there is no smoke without fire” et cetera. This makes it very hard to make the presumption of innocence a real norm in our daily lives. It is still too difficult for victims to come forward, children especially. We must remember that when people oppose sex education and more horizontal power structures, whether in education or any other part of public life.

We must do better in the future. In the meantime, and perhaps for ever, we will be dealing with very difficult balances of rights. Most noble Lords recognised that in their contributions. The noble Lord, Lord Paddick, cited with great admiration, and humility on his own part, the wise words of others but his own speech was one that I shall remember for some time. Before he entered your Lordships’ House, his contribution to fair-minded policing was enormous. We are dealing with difficult balances of rights. We must always remember that a miscarriage of justice creates an extra victim when, by accident or design, it is perpetrated.

People in public life can be more powerful than other people and have more access to power but they are also ripe targets for false accusations. That creates another enormous tension here. Members of minority communities, as was pointed out a number of times, are particularly vulnerable to slurs, especially in relation to sex offending. Rightly and understandably, sex offending is taken very seriously as one of the most terrible types of offending in our society. The noble Lord, Lord Paddick, was right to point out the importance of the conventional and normal practice of anonymity pre-charge that has been departed from of late, with very unfortunate results. I look forward to reading the Bill from the noble Lord, Lord Paddick, in due course.

Noble Lords, particularly the noble Lords, Lord Campbell-Savours and Lord Hunt, pointed out that when allegations are against the dead—who, of course, can no longer speak for themselves—it is sometimes unfair when slurs are swirling around unchecked not to conduct an inquiry to provide the possibility of vindication. Equally, it can be unfair to conduct an inquiry if it is somehow special, different, and the evidence is not handled with enormous care.

[Lord Faulks]

I am very grateful to the noble Baroness to allow me briefly to intervene. One of the problems is that dead people cannot sue for defamation. That may be an omission but it is an important one.