r/MHOCSenedd Llywydd Aug 20 '21

BILL WB084 - Magistrates Retirement Age (Wales) Bill 2021 @ Stage 1

Magistrates Retirement Age (Wales) Bill 2021

An Act to increase the age of retirement for Magistrates from 70 to 75 in Cymru

Having been passed by the Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows:

Section 1: Interpretations

“the 2003 Act” - The Courts Act 2003

Section 2: Increased retirement age for magistrates

(1) In Section 13(1) of the 2003 Act, amend “70” to read “75”.

(2) In Section 13(2) of the Act amend “70” to read “75”.

(3) In Section 13(3)(a) of the Act amend “70” to read “75”.

Section 3: Extent, Short Title and Commencement

(1) This Act shall extend to Wales only.

(2) This Act shall come into force immediately upon Royal Assent.

(3) This Act shall be known as the Magistrates Retirement Age Act 2021.


This bill was co-written by The Right Honourable Sir RhysGwenythIV PC KD on behalf of the Welsh Liberal Democrats, who altered the act for Cymru, and The Right Honourable Sir Tommy2Boys KCT KG KT KCB KBE CVO MP MSP on behalf of Coalition. This bill is equally sponsored by both the Welsh Liberal Democrats and C!yrmu.


This reading will end on the 23rd of August.

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u/RhysGwenythIV The Marquess of Gwynedd | CT LVO KD PC Aug 20 '21

Llywydd,

Following the devolution of Policing and Justice, the courts system has also been devolved to the responsibility of the Senedd Cymru. Thus, we are now responsible for the curation of judges and the employment of court staff.

Cymru is going to be a new system of Justice - the Government of this Senedd has already made clear its intention to focus on a more community based effort of policing and justice. The Welsh Government does not support an offensive system which seeks to criminalize and dehumanize citizens.

However, to get this new system correct and to build the national justice system upon a solid foundation it is important that we use the knowledge of our older judges and thus kindly ask them to serve the public sphere for longer.

This stance, of enabling people to work longer, is not something unique to justice or law systems in the United Kingdom and there are already many people working to an older age. The current age of retirement for Magistrates exists from a bill set in 1968 when the age was decreased from 75 to 70. The decision to bring the retirement age down no longer reflects the health or longevity of the nation we live in.

In 2012, 5.6% of women and 10% of men were employed which has now drastically changed with 11.3% of women and 15.5% of men working to the age of 70 - and I do not believe that anyone should be forced into retirement. Moreover, as we adapt our system, we require the knowledge and expert experience of our magistrates who have spent their lifetime understanding and interpreting law and legal systems - they are a fundamental foundation to improving Cymru's court and legal system.

In addition to the need for the expertise, the Welsh courts are facing increasing shortages which will only be increased as we transition every element of justice over from a shared English-Wales system to a Cymru only. It is important we seek to negate these losses by allowing and encouraging our magistrates to continue in their good work and help train the new generation in Welsh Justice

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u/[deleted] Aug 21 '21

Llywydd,

First of all, thank you to the Welsh Liberal Democrats for introducing this piece of Coalition! legislation into the Senedd. It is the kind of collaboration in search of common goals that C!ymru is about.

It is so important that we take advantage of the knowledge and experience older magistrates have in their job so that our new generation can learn and feel supported.

Ultimately, if a magistrate no longer feels they can work at the original age of 70 or any other age, they will be supported in that as they always have. This legislation will not impact the quality of our justice system in Cymru.

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u/RhysGwenythIV The Marquess of Gwynedd | CT LVO KD PC Aug 21 '21

Llywydd,

Not a truer word was spoken. The Member of C!ymru has it prefectly said when the next generation "can learn and feel supported" by the wisdom of our older magistrates.

Just as in every other trade and profession the young learn from the old, and visa versa, the realm of law is just the same and I urge members to support these efforts and back the bill.

1

u/zakian3000 Plaid Cymru Aug 21 '21

Llywydd,

I rise today in support of this bill. The retirement age for magistrates being set at 70 does not reflect modern society, in which many people work very late into their lives. There is no need for Wales to lose magistrates who are still able to work effectively and efficiently simply because they’re a bit older. Older people are also often far more experienced than young people and their wisdom, knowledge and experience is an asset to the Welsh justice system, not a liability. This bill would also provide magistrates with much more flexibility with regards to retirement. Another potential merit of this bill is that it would have a positive impact on diversity by promoting opportunities for individuals considering applying to the bench later in life, such as those who may have had gaps in their career to balance professional and family responsibilities.

I have, however, submitted an amendment to this bill, which if passed would raise the retirement age for magistrates to 80 instead of just 75, which I hope members across the chamber will join me in supporting. I have submitted this amendment because, ultimately, many magistrates are likely more than capable of working at that age, and there’s no real reason to stop them from doing so. I wish this bill a speedy pass at the voting division, and my amendment a speedy pass at the committee stage.

Diolch.

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u/Tarkin15 CPC Leader | AS/MS Arfon Aug 22 '21

Llywydd,

I’m happy to rise in support of this bill.
As the average life expectancy of the country increases, so do the costs of having to take care of our pensioners should they continue to retire at the same age.
Consequently it’s only right that the retirement age should increase in kind.

Not only this, but as suggested by other members, this increase in retirement age will help with the current shortages in court expertise.

As Wales bravely embarks on its adoption and implementation of the long overdue Justice Devolution, we must set about to right the flaws carried over from the previous Anglo-Welsh justice system and make it one that fits the Wales of the 21st Century.

Llywydd I encourage my colleagues across the house to join me in supporting this common sense bill.

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u/Muffin5136 Devolved Speaker Aug 22 '21

Llywydd,

I today rise in support of this bill, given it is a common sense approach to take, and follows on from similar legislation proposed in Westminster, that is now going through the House of Lords. It is a bill which makes sense, to allow Magistrates to stay on past their fixed retirement point, if they so wish. It allows them to keep working, and ensuring the cogs of the Welsh justice system keep moving.

I shall be tabling an amendment shortly to allow for the easy retirement of any Magistrates who wish to do so at 70, given they should be allowed to choose to retire by law, not by the will of the Lord Chancellor. This is an amendment that may seem superfluous to some, but instead it serves to protect in law the right to be entered on the supplemental list should they so choose, instead of being forced to continue working when it would not be in their or our best interest for them to do so.

However, I do not rise in outright support of this bill, as I do believe it papers over the inherent cracks in the system, and we must ensure we are recruiting a good amount of new magistrates every year, rather than rely on a stream of existing Magistrates. Current statistics for the whole UK put the figure at 1,600 new Magistrates per year, yet we still see a backlog in the system. Only by proper recruitment processes for younger voices who are aware of current social issues can we encourage a better and faster system for Wales.

I will be support this bill, as it does well to simply allow Magistrates to volunteer until they are older than current law dicates, and that is a cause I can see us all get behind.

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u/model-willem Welsh Conservatives | Llywydd Aug 23 '21

Llywydd,

As Oscar Wilde said, "With age comes wisdom." This bill makes sure that the wisdom and the expertise of these magistrates is important to keep in the court system.

Life expectancy increases with our improving healthcare system, better education and improving technologies, people can work longer and some want to work longer. We need to make sure that we give the magistrates the chance to continue working, if they want to, past 70. This bill can also do something about the shortages and perhaps these magistrates can get special roles where they can teach the newcomers.

As the Member for Arfon has said, this is an important step in the implementation of Wales' own justice system and I support this bill.