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

Lord Thomas of Gresford Excerpts

Tuesday 23rd February 2021 Lords Chamber

[Lord Thomas of Gresford (LD) [V]]

My Lords, I read these papers with considerable interest yesterday and realised for the first time, like the noble and learned Lord, Lord Morris of Aberavon, that I might already be entitled to a government pension. I therefore declare an inchoate interest.

I was appointed a recorder in 1975 and took the judicial oath. I sat as a recorder in Wales and Chester and, later, in the Old Bailey. There were two motivations: that it might be the first step to possible judicial preferment, as well as from a sense of public duty. It was not well paid and there were no thoughts of a pension. I should say that I later served on the Criminal Injuries Compensation Board.

There was a difference between appearing in the Old Bailey and sitting on the bench there. If you appeared as an advocate, you went in through the front door, in a queue of defendants and witnesses; your pockets were turned out, you were personally scanned and your bags were searched. If you went to the judges’ entrance round the back, the court usher seized your bags, led you to your room and produced a cup of coffee in fine china. You were then ushered into court by a sheriff of the City of London, in a blue gown with an enormous fur collar, surely provided by the Baltic Exchange. I would hold a nosegay, a posey with an 800-year history; it was necessary to keep from the nostrils the stench of the 12th-century Newgate gaol, which was originally attached to the Old Bailey. Of course, the gaol was demolished 120 years ago, but you have to support the tourist industry.

As a recorder, you were closely monitored by the Lord Chancellor’s Department, and I recall receiving a ticking off from its top civil servant for expressing some view mildly supportive of the civil rights movements in Northern Ireland in the 1970s led by Bernadette Devlin—not of course expressed in court but in a speech at a meeting of Welsh Liberals in Colwyn Bay, which was reported in the North Wales Weekly News. Newspaper cuttings were collected in the department on each person serving as a recorder, and I later discovered that my cuttings of Liberal insurrection had appeared in a colleague’s file, and it positively held him back. When I reached what would have been retirement age, I received not a pension but a one-liner from an official in the Lord Chancellor’s Department: “Dear Thomas, thank you for your services as recorder—you have reached retirement age. Yours faithfully”. I have resented it ever since.

I pay tribute to Mr Dermod O’Brien QC and Mr Miller for their 17-year fight to obtain a pension for part-time judges. They had to go via the Employment Tribunal, the Court of Appeal and the Supreme Court to the European Court of Justice, and they won on the provisions of a European directive on part-time workers. What a font of justice that court is. I gather that the Government’s argument was that the part-time workers directive was intended not for part-time judges but for apple pickers—and I am rather glad that they lost.

There are many who toil in this capacity of a part-time judge out of a sense of public duty. I recall a colleague who was offered an appointment as a circuit judge, which he accepted; he failed the medical. He sat for the rest of his career, until he retired, as a recorder, doing exactly the same work and attending the same courses as he would have done with a full appointment, but his remuneration was much lower and without a pension. I hope that the direction of decisions of the Supreme Court and Court of Justice in Europe have been a relief to him and to others.

I am sure that this measure went through the Treasury without enthusiasm—indeed, they probably had their teeth gritted. I welcome it, and I am sure that it will encourage many lawyers to come forward in the public service.