Justice Committee

6th Report, 2014 (Session 4)

Judicial Pensions and Retirement Act 1993 (Part-time , Stipendiary and ) Order 2014

Published by the on 16 May 2014

SP Paper 525 Web only Session 4 (2014)

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Justice Committee

Remit and membership

Remit:

To consider and report on: a) the administration of criminal and civil justice, community safety and other matters falling within the responsibility of the Cabinet Secretary for Justice; and b) the functions of the Lord other than as head of the systems of criminal prosecution and investigation of deaths in .

Membership:

Christian Allard Roderick Campbell John Finnie Christine Grahame (Convener) Alison McInnes Margaret Mitchell Elaine Murray (Deputy Convener) John Pentland Sandra White

Committee Clerking Team:

Irene Fleming Joanne Clinton Neil Stewart Christine Lambourne

JUS/S4/14/R6

Justice Committee

6th Report, 2014 (Session 4)

Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014

The Committee reports to the Parliament as follows—

1. At its meeting on 13 May 2014, the Committee considered the following instrument—

Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014 [draft].

2. The instrument was referred to the Justice Committee as lead committee and was subject to affirmative resolution. The Minister for Community Safety and Legal Affairs, Roseanna Cunningham, gave evidence on the instrument and then moved the motion recommending approval1.

Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014 [draft]

The draft instrument 3. The draft instrument was laid under section 2(2) of the European Communities Act 1972 and sections 26(9)(a) and 29(3) of the Judicial Pensions and Retirement Act 1993. The instrument will equalise provision as respects retirement so that all judicial office holders retire at 70 and, in certain circumstances, can continue in office or sit in retirement up until the age of 75. This instrument is not about any general increase in retirement age but for providing equal treatment across salaried, permanent and fee-paid or non–paid part-time members of the judiciary.

Consultation 4. The policy note confirms that informal consultation has been carried out with the Lord President’s office, the Sheriffs Principal, the Sheriffs Association, the Part-Time Sheriffs Association, the stipendiary , the Scottish Justices Association and the Ministry of Justice.

1 S4M-09957—That the Justice Committee recommends that the Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014 [draft] be approved.

SP Paper 525 1 Session 4 (2014) Justice Committee, 6th Report, 2014 (Session 4)

Delegated Powers and Law Reform Committee consideration 5. The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 6 May 2014 and agreed that it did not need to draw the attention of the Parliament to it on any grounds within its remit.2

Justice Committee consideration 6. The draft Order was considered by the Justice Committee on 13 May 2014, when it took evidence from Roseanna Cunningham, Minister for Community Safety and Legal Affairs.3

7. In her opening remarks the Minister stated that the Order will do two things; it will remove the current provisions that prevent part-time sheriffs, part-time stipendiary magistrates and justices of the peace from being reappointed if their five-year term of appointment ends while they are 69; and it will enable part-time sheriffs, stipendiary magistrates and justices of the peace to sit after leaving office, at the request of a , enabling the courts to take advantage of their skills and experience where there was a business need.

8. In answer to a question, the Minister confirmed that the Supreme Court decision on equal treatment for judges in England had prompted the Government to lay the Order to ensure that Scottish systems are in line with those in England. The Minister stated that the changes were expected to be cost neutral.

9. Responding to questions about any impact the proposals might have on the Courts Reform (Scotland) Bill currently being considered by the Committee, the Minister confirmed that section 12 of the Bill contains provisions that will replace some of the amendments that the Order will make. She explained that it was felt necessary to make the changes now to address the anomaly rather than to wait until the provisions in the Bill came into force.

10. Finally, the Minister explained that it was felt necessary to only carry out an informal consultation with relevant stakeholders given the narrow interest and applicability of the Order, and thereby limiting the cost of the exercise. She confirmed that no issues had been raised on the Order.

11. The Minister then moved motion S4M-09957. The motion was agreed to without debate or dissent.

12. The Justice Committee recommends to the Parliament that it approve the draft instrument.

2 Scottish Parliament Delegated Powers and Law Reform Committee. 31st Report, 2014 (Session 4) Subordinate Legislation. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/76165.aspx 3 Scottish Parliament Justice Committee. Official Report, 13 May 2014. Cols 4592-4596. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=9173&mode=pdf

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