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Proceeding contribution from Lord Bellingham (Conservative) in the House of Commons on Wednesday, 27 June 2007. It occurred during Debate on bill on Tribunals, Courts and Enforcement Bill [Lords].


Tribunals, Courts and Enforcement Bill [Lords]

I do not want to take anything for granted. If one takes too much for granted, one loses trust and credibility. However, I make a commitment that, if the amendment is not accepted and if we are elected at the next election, we will reverse the proposals and ensure that the general commissioners are kept out of the unified tribunal system. It is quite wrong and quite unfair that the general commissioners are not to be paid proper remuneration for their loss of office. I am not going to make a spending commitment this afternoon, because under our proposals there would be no loss of office, so compensation would not come into it. I find it strange that the commissioners are not being offered any form of compensation. The hon. Member for North Southwark and Bermondsey pointed out that the Taxes Management Act 1970 provides for a retirement age of 70, with the possibility of an extension to 75 at the request of the general commissioners. Many of the clerks are solicitors, and partners in local firms of local solicitors. Many of them are worthy and knowledgeable local people; I have had the pleasure of meeting some of them. In fact, I had the pleasure of addressing their recent conference in London. Many of them structure their professional lives by scaling down their office work and their general practice when they reach their late 50s or early 60s. They then rely on employment as a clerk to the commissioners until the age of 70 and, in many cases, beyond. That is how they run their lives; they make the choice to serve the general commissioners in an honourable and assiduous way, yet they are to have that office taken away from them without any compensation whatever. This is in stark contrast to the sub-postmasters and mistresses, who will get compensation, as will part-time coroners’ clerks. A direct parallel can also be drawn with the abolition of the office of clerk to the peace, when the Crown Court was established. Clerks to the peace received proper compensation for loss of office. The hon. Member for North Southwark and Bermondsey pointed out that representatives of the National Association of General Commissioners wrote to the Minister, the noble Baroness Ashton of Upholland, to ask for a meeting in March 2006. They heard nothing until the beginning of December, when they were invited to telephone the Minister to discuss the situation. They were given the direct telephone number of her diary secretary, but when they eventually got through, they were told that the Minister would not be prepared to make an appointment with them. This saga went on and on, until they eventually had a meeting with the Under-Secretary of State for Justice, the hon. Member for Bradford, South (Mr. Sutcliffe), yesterday morning. I hope that the Minister would agree that that is no way to treat an honourable and decent group of people who are staring loss of office in the face without any compensation. They are only asking for a fair hearing. Will the Minister look at this again, even at this late stage? Will she accept our amendment No. 9? Will she in any event make sure that there is proper compensation for loss of office? I should like to give an indication, Mr. Deputy Speaker, that I should like to ask the House’s leave to vote on that amendment at the appropriate stage. On that basis, I hope that the Minister will listen to what we have said this afternoon.


Secondary information

Type
Proceeding contribution
Reference
462 c376-7 
Session
2006-07
Chamber / Committee
House of Commons chamber
Subjects
Administration of justice Debts Artworks Debt collection Courts martial Fees and charges Enforcement Legal aid scheme Judiciary Judges Law Commission Pay Public appointments Park homes Tribunals Regulation Retirement Uniforms
Legislation
Tribunals, Courts and Enforcement Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk