Clause 24 - Attorney general
Justice (Northern Ireland) Bill
4:45 pm
Mr Crispin Blunt (Reigate, Conservative)
Perhaps I should not entirely trust the indications that I receive from members of the Government Front Bench after my earlier experience. I hope that I am correct about the age limit for judges, but if I am not, I would be grateful for a correction—I am not getting one.
The point at issue is the judgment of the First Minister and Deputy First Minister about whether someone is capable of undertaking their responsibilities. Everyone is staying fitter longer into old age, and I see no reason why potential Attorney-Generals should be any different from anyone else. Given the responsibilities that come with the post, it would be reasonable to raise the age limit from 70 to 75.
There are obviously enormous issues of principle for lobby groups such as Age Concern about the age up to which people can make a proper contribution to public life. There is no age limit on electing people to public office, and the First Minister and Deputy First Minister could surely make a judgment in each case.
The Committee should consider the age limit for the post of Attorney-General, and our decision will be a matter of judgment. We shall not change the face of history in Northern Ireland if we accept the amendment, but it would be a pity if an Attorney-General had to leave office at the age of 70 even though his personality was right and his fitness for office was beyond reproach. He could have gained an irreproachable reputation for the quality of his legal advice to the Administration and for the way in which he oversaw the Director of Public Prosecutions. We are not overloaded with people of indisputable reputation and balance who can take on that role, and it would be an enormous pity if the Bill disqualified someone who was approaching the age of 70, but who was fit enough to do the job and whom everyone wanted to be reappointed.
We are talking about only one post, not a range of posts. I may have misdirected myself on the age limit for the judiciary, but that involves the appointment of a large number of people, and it must be possible to come to a judgment about the fitness of the whole group. It may be proper for Parliament to say that people between the ages of 70 and 75 will cease to be able to perform those functions effectively. If that is what we are saying by setting the retirement age of judges at 70, it may be a proper judgment to make.
In this case, however, we are considering one post alone, and a judgment that the First Minister and Deputy First Minister will make. The reference to the age of 70 is too prescriptive, and I hope that the Committee takes a stand for those aged between 70 and 75, who could make a full contribution because they could still be fit and have all their faculties. I hope
that the Government will accept the amendment or that, with some assistance from Labour Back Benchers, we impose it on them.