Justice Committee

Meeting date: Tuesday, December 11, 2012

Official Report 520KB pdf

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Subordinate Legislation

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Judicial Pensions and Retirement Act 1993 (Scottish Land Court) Order 2013 [Draft]

Good morning. I welcome everyone to the Justice Committee’s 36th and final meeting in 2012.

I ask everyone to switch off mobile phones and other electronic devices completely as they interfere with the broadcasting equipment, even when switched to silent.

No apologies have been received.

I say to the Cabinet Secretary for Justice that members of the committee are scattered about the committee table because we will have a round-table discussion later. It is not a new modus operandi for the Justice Committee, just in case he is wondering.

Item 1 on the agenda is the first part of our consideration of an affirmative statutory instrument: the draft Judicial Pensions and Retirement Act 1993 (Scottish Land Court) Order 2013. We are taking evidence from the cabinet secretary. I welcome him, Robert Sandeman from the Scottish Government civil law and legal systems division and Michael Gilmartin from the Scottish Government legal directorate.

I invite the cabinet secretary to make an opening statement.

Thank you for inviting me to speak about the draft order.

If approved by the Parliament, the order will do two things. First, it will remove the compulsory retirement age of 65 for members of the Scottish Land Court, which is specified in schedule 1 to the Scottish Land Court Act 1993. That retirement age compares unfavourably with the retirement age for a number of other judicial offices and we consider that it should be removed to enable competent people to continue in office.

Secondly, the draft order will add members of the Scottish Land Court to the list of offices specified in schedule 5 to the Judicial Pensions and Retirement Act 1993. By virtue of that amendment, members of the Land Court will be subject to the retirement provisions set out in section 26 of that act. That means that the compulsory retirement age for members of the court will be 70 but that they will be able to remain in office until the age of 75.

I am glad to hear that because I am in my 60s and rather like retirement ages being extended. I do not think that, at the moment, there is a compulsory retirement age for MSPs. That is fine by me.

Do committee members have any questions on the draft order?

Cabinet secretary, I believe that discussions took place with the Land Court on the draft order. Was there no requirement for consultation beyond that?

The proposal came from an individual member of the Land Court who was affected. It was put to the Lord President, who agreed that there was a lack of parity with other judicial offices, and it was felt that we should create parity across the board. No doubt the Lord President consulted his colleagues, but I do not think that there was consultation outwith the judiciary.

There was no requirement for wider consultation.

There is no requirement. It is a matter for the judiciary.

Does the change that is proposed in the draft order bring the rules for all judicial offices into alignment?

The rules for justices of the peace and tribunal members still have to be addressed. We are examining that matter, but the other issues are now addressed.

I do not need to remind you, cabinet secretary, but because we are just taking evidence, Mr Sandeman could speak if he wished.

It would be nice to hear you, Mr Sandeman. I am sure that you have a lovely voice.

Thank you, convener.

You can see that we need our holidays.

As there are no further questions, we move on to formal consideration of the draft order, which is item 2 on the agenda.

Motion moved,

That the Justice Committee recommends that the Judicial Pensions and Retirement Act 1993 (Scottish Land Court) Order 2013 [draft] be approved.—[Kenny MacAskill.]

Motion agreed to.

That is it, cabinet secretary. It was short and sweet. I thank your officials. Mr Gilmartin did not get to speak, but I am sure that he has a lovely voice too.

I will suspend briefly to allow the next group of witnesses to come in.

10:05 Meeting suspended.

10:09 On resuming—