Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2021

Lord Morris of Aberavon Excerpts

Tuesday 23rd February 2021 Lords Chamber

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I am grateful for the Minister’s explanation of the regulations. I am fortunate that in my political and professional career I never had to grapple with the problems of state pensions in any form other than the problems of constituents. I well remember as a young MP listening to Jim Griffiths, a former Secretary of State for Social Security and one of the architects of the welfare state, replying to a question challenging the universality of welfare payments. His reply was that while the aim is to cover everyone, there will always be a number, hopefully a very small number, who will fall between the cracks. He added that, to avoid the stigma of the means test, “Let the Duke and the dustman have the same benefits and tax them accordingly”. I mention this as, following the cases of O’Brien and Miller, this seems to be a very worthy attempt to correct injustices, and I suspect that quite a large number of people will benefit. Can the Minister give an estimate of how many potential cases there are, and what is the likely cost? That, I think, is crucial and was not mentioned in his speech.

My understanding is that every effort will be made to publicise eligibility and contact all retired fee-paid judges. I also presume that all payments will be backdated, and I welcome the useful provision to commute trivial payments. I have endeavoured all my ministerial life to avoid any conflict of interest, but the awful thought occurred to me late last night that as an assistant recorder from 1972 and then a recorder for many years, I might have a claim which I should have declared. I hope the Minister will be able to assure me that recorders or assistant recorders are not, in fact, covered. With those few words, I welcome the regulations, which seek to bring justice to an important class of people who served the state with distinction in a part-time judicial capacity.