Questions
1. Do you think that the Mandatory Retirement Age for devolved judicial office holders should be increased? Please give your reasons. You may wish to reference a specific judicial office holder type – e.g. Sheriff or Summary Sheriff.
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We decline to express a view on whether the MRA should be increased as our membership covers the full range of current sheriffs in post and the interests of individual members do not coincide. If it is decided that the MRA should be increased this should not be treated at a later time as creating a basis for the alteration of judicial pension arrangements so that they become less attractive to judicial office holders.
2. If so, do you think the Mandatory Retirement Age should be raised to 72 or 75? Why do you think this age is the most appropriate?
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If it is to be raised at all, then 72 would strike a balance between the status quo and the longer retention of the skill and experience of those who wished to stay on beyond the current MRA.
3. Do you think that raising the Mandatory Retirement Age to either 72 or 75 would result in judicial office holders who currently retire before the age of 70 remaining in office for longer? Please give your reasons.
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It is likely that some judicial office holders will elect to remain in office until the new MRA. It is impossible to predict how many would make that choice. Many sheriffs retire in their 60s. Some work on until they are 70. What is not known is whether those who work on until they are 70 would have continued beyond that age if the MRA were 72 or 75. It is likely that there will be variation on that point among that group of sheriffs.
4. Do you think raising the Mandatory Retirement Age to 72 or 75 would have an adverse impact on the diversity of the judiciary? If yes, do you think this impact is significant enough to prevent a change to the Mandatory Retirement Age? Please give your reasons.
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Yes. On the assumption that such a change would lead to fewer sheriffs retiring at 70 than at present, then an inevitable consequence would be that there would be fewer ‘young’ judges. Given that at present the majority of ‘older judges’ are less diverse than their younger colleagues, there would be a likely impact on diversity of the judiciary.
5. Do you think that judicial office holders with protected characteristics under the Equality Act 2010 would be more likely to stay in office if the Mandatory Retirement Age was raised to 72 or 75? Please state which office holders you think would be more likely to stay in office in your answer and give your reasons.
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No. There may be a cadre of judges who have taken a career break earlier in their career and who are appointed to the bench at a later age, who may wish to work longer to accrue more pension. But whether that would be the case is mere speculation. Beyond that we cannot see that this would have any effect on judicial office holders with protected characteristics under the 2010 Act.
6. Do you think that increasing the Mandatory Retirement Age to 72 or 75 would attract more people to apply to judicial office? Please give your reasons.
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No. It may change the age profile of applicants but we doubt if it would alter the overall number of applications made.
7. Do you think raising the Mandatory Retirement Age to 72 or 75 is likely to attract a more diverse range of applicants for judicial office? Please give your reasons.
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No. We are not aware of any reliable evidence that raising the MRA to 72 or 75 would be likely to have an effect on the diversity of applications.
8. Would raising the Mandatory Retirement Age to 72 or 75 cause you to have less confidence in the judiciary? Please give your reasons. You may wish to reference a specific judicial office holder type.
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No.
9. Should the policy of allowing extensions of appointment past the Mandatory Retirement Age for applicable offices, as currently provided for in s.26(5) and (6) of the Judicial Pensions and Retirement Act 1993, be maintained if the Mandatory Retirement Age is increased to 72?
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Yes, if for specified reasons. Caution would be needed to guard against the judiciary becoming ‘top-heavy’ so far as age is concerned by the use of this mechanism.
10. Are there any circumstances where it may be justifiable for a judge to sit, exceptionally, beyond the age of 75 for a short period?
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Yes, in exceptional circumstances such as the particular judge has a special skill appropriate for a case starting shortly before his/her reaching MRA.
11. Should the power for judicial appointments to be extended be available to any other judicial offices in Scotland, not currently covered by s.26(5) and (6) of the Judicial Pensions and Retirement Act 1993? Please give your reasons.
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We have no view on this.
12. In the event that the Mandatory Retirement Age for reserved judicial offices is raised to either 72 or 75, do you think that the Mandatory Retirement Age for devolved Scottish judicial offices should be raised to maintain parity with the rest of the UK? Please give your reasons.
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Yes. Sheriffs and Circuit Judges in England and Wales have parity on their terms of appointment, including remuneration and pensions. As there is a relationship between those terms, perhaps especially pension entitlement, then it would be appropriate to maintain that parity on all terms, including MRA.
If the MRA were to be raised for judges of the UK Supreme Court, judges in the other UK jurisdictions, and judges of UK Tribunals (including those based in Scotland), it should not remain at 70 for sheriffs and other Scottish salaried judicial office holders.
If the MRA were to be raised for judges of the UK Supreme Court, judges in the other UK jurisdictions, and judges of UK Tribunals (including those based in Scotland), it should not remain at 70 for sheriffs and other Scottish salaried judicial office holders.
13. Please provide any other comments you have on retaining parity of Mandatory Retirement Age for judicial office holders across England, Wales, Scotland and Northern Ireland?
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See Answer 12.
About you
14. What is your name?
Name
The Sheriffs’ Association
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Organisation
17. What is your organisation?
Organisation
The Sheriffs’ Association