PUBLIC RECORD
OFFICE
Reference :-
EPEE C.O. 885
21 PUBLIC RECORD OFFICE, LONDON
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REPORT.
1. The Pensions Committee was the immediate result of the Report of the Interdepartmental Committee of 1908, and was appointed by a minute dated 24th March, 1909, to consider the question of the amendment of the various Colonial Ordinances and Regulations on the subject of l'ensions. Various difficulties delayed them in actually setting to work.
Their
2. The first meeting of the Committee was held on the 8th December, 1909. sittings were continued fairly regularly for a year, but from December, 1910, to November, 1911, except for one or two meetings to consiler special matters, were practically suspended, owing first to the ill-health of the then Chairman, and later owing to the pressure of the Coronation. From November, 1911, to October, 1912, they met at fairly regular intervals, but on the last-name date their sittings were suspended owing to a difficulty raised in connection with the Treasury Regulations issued in 1911 for the apportionment of pensions for mixed service. In July, 1913, however, they completed the first draft of a model Ordinance. After adjourning over the holiday season they met, on the 13th of October last, and from that time have sat as frequently as possible. Of the total number of meetings (112) 65 have been held since that date.
3. When the Committee was first formed Mr. Cox, C.B., then an Assistant Under- Secretary of State, was Chairman. On his transfer from the Office in 1911, Mr. Harris became Chairman. Mr. Darnley was named as Secretary in the Minute of Appointment, but never took up the work. Mr. J. Anderson was Secretary up to February 191%, when he resigned on transfer to the Insurance Commission; he was succeeded by Mr. Batterbee, who, towards the end of 1912, had to resign the office on appointment to be Private Secretary. Mr. Baynes was appointed Secretary in October last.
4. A considerable amount of time has been devoted by the Committee to special questions which have been referred to them for their report, but probably the only one of these questions which calls for special notice is the reference as to the question of applying the principles of the Superannuation Act of 1909 to the Colonies. On this question the Committee prepared a special Report, of which a copy is printed as Appendix III. Other special questions were disposed of by despatches or Ordinances. So far as these questions were immediately connected with the special object of the Committee, the recommendations or decisions made on the special reference are embodied in the draft Ordinance and Regulations which follow (Appendix I).
5. In submitting a draft Ordinance which may serve as a basis for future legislation in Colonies not possessing Responsible Government, the Committee desire to observe that, taking the old models for West Indian and West African legislation as a working basis, they first carefully considered what provisions should be put into the law as fundamental principles, and what provisions should be reserved for regulations as matters for administrative control. They then devoted considerable care to obtaining, as far as possible, a logical order of provisions both in the Ordinance and in the Regulations. The drafts now submitted embody the final result of their labours.
6. In Appendix I there will be found in three parallel columns the three forms
of the draft Ordinance and Regulations which are alapted
(A) to Colonies which give pensions on the 4th scale.
(B) to Colonies for which it is suggested that a „th scale should be adopted.
(c) to Colonies which give pensions on ath scale, .e., those in Tropical Africa (the provisions applicable to West Africa being proposed for adoption in East Africa also).
The Colonies in respect of which draft A and draft B respectively are recommended are indicated at the head of each draft.
7. In adopting a ',,th scale in draft B, the Committee have followed the recommenda- tions embodied paragraph 30 of the Report of the Interdepartmental Pensions Committee of 1908, which runs as follows:-
"Similarly, in unhealthy Colonies outside tropical Africa, we recommend that the Colonial rules should be modified so as to base pensions on fiftieths instead of adding five years to the service. The average effect would be nearly the same as that of the present rule, but the fiftieths principle works more fairly and simply."
It will be observed that, following long standing practice, the draft B makes no difference in the method of calculating pensions for European and non-Europeaf officers
The word "Colonies" here and elsewhere in the Report is meant to include, unless the context shews otherwise, Protectorates and other Administrations controlled by the Secretary of State for the Colonies.
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serving in the same Colonies, whereas in Tropical Africa (draft C) pensions of European officers would continue to be calculated on a more favourable basis than those of native Officers.
8. The three drafts A, B, and C hang together, and the failure of a Colony to adopt one of them as it stands would be likely to cause considerable complications with other Governments. The Committee will revert to this subject in dealing with the regulations relating to mixed service.
9. It will now be contenient to take first the draft Ordinance and then the Regulations, and to give a brief account of the considerations which have led the Committee to recommend variations of, or additions to, the provisions of existing legislation, It has not been thought necessary to refer to numerous alterations in drafting which have been made for the sake either of uniformity or of greater clearness.
10. Clause 2-definitions.
ORDINANCE,
Attention is called to the definitions of "pensionable
emoluments," of "salary," and of "other public service."
11. As regards the first, the Committee-after detailed consideration of the various emoluments which in the past in one Colony or another had counted for pension— deliberately adopted a definition which should exclude:
(a) duty or charge allowance.
(b) rations and ration allowance.
(c) uniform allowance.
(d) fees.
(e) travelling allowance.
(f) overtime payments and allowance in lieu thereof.
(g) entertainment allowance.
(h) casual or other allowances of any description.
12. As regards the term "other public service." the latter part of the definition is designed to give the Secretary of State power from time to time to determine as "other public service" municipal or other service which is not Government service. There are occasions when the possession of such a power is in the public interest. The definition
is so framed as to permit of its being given not only generally but also for the purpose of any separate provision of the Ordinance or regulations. For instance, certain municipal service might be declared to be "other public service" for the purpose of Regulation 24 (22 in second draft), but not for the purpose of Section 11 of the Ordinance, or vice versa. 13. Clause 6. It will be observed that the Committee recommend the general adoption of the now usual provision that no service under the
age of twenty shall count for pension.
14. They propose to exclude definitely service on probation where an officer has not been confirmed. This is in accordance with usual practice but the provision does not appear to have been embodied in legislation hitherto.
15. Clause 9. In some pension legislation, or at any rate in official correspondence, references are not infrequently made to the ages of voluntary and compulsory retirement. The Committee have not thought it desirable to embody these terms in legislation or to define them, but they have so drafted the clause as to provide for an officer being retired, with the approval of the Secretary of State, at the age at which he is himself able to retire voluntarily. In the large Colonies it may possibly be thought desirable to dispense with the necessity for obtaining the approval of the Secretary for State in the case of officers drawing less than a specified rate of salary, and to leave the power in such cases in the hands of the Governor in Council.
16. It will be observed that, in the form of this clause suggested for Tropical Africa, power has been introduced to retire a European officer after eighteen years' service in Tropical Africa of which twelve years have been residential. Under the existing West African legislation an officer may retire on pension voluntarily after this length of service. 17. The Committee have also embodied a provision that retirement should, as a rule, be compulsory for all officers on attaining an age five years in excess of that at which they may retire on pension voluntarily. They feel some doubt, however, whether
the
age for such compulsory retirement should not be higher in Tropical Colonics than the ages (60 and 55 respectively) inserted in drafts B and C.
(15387-2) Wt. 28882-G 50. 50. 8/16. D & S.
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