Wigg and Cochrane v Attorney-General

• Jurisdiction: Ireland
• Judgment Date: 01 January 1925
• Date: 01 January 1925
• Court: Supreme Court (Irish Free State)

S. C.,

J. C.,

Wigg and Cochrane

and

Attorney-General

Retirement in consequence of change of Government in Irish Free State - Legal right to pension - Assessable by the Court - Principles of assessment - Inclusion of bonus - "Cost of living" figure -Whether pension variable - "Over-riding maximum"- Calculation of lump sum allowance -Minute of the British Treasury - Invalidity -Superannuation Act, 1859 (22 Vict., c. 26), s. 2 - Superannuation Act, 1909 (9 Edw. 7, c. 10), s. 1 - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 56, Schedule VIII -Irish Free State (Agreement) Act, 1922 (12 Geo. 5, c. 4), Schedule, Art. 10 - Constitution of the Irish Free State (Saorstt Eireann) Act,1922 (No. 1 of 1922), Schedule 1, Arts. 77 and78, Sch. II., Art. 10 - Provisional Government (Transfer of Functions) Order, 1922 (Stat. R. O., 1922, No. 315).

1. Art. 10 of the "Articles of Agreement for a Treaty between Great Britain and Ireland" provided: "The Government of the Irish Free State agrees to pay fair compensation on terms not less favourable than those accorded by the [Government of Ireland] Act of 1920 toofficials and other public servantswho retire in consequence of the change of government effected in pursuance hereof." The Provisional Government (Transfer of Functions) Order, 1922, provided for the transfer of officers from the British Government to the Provisional Government; Art. 77 of the Constitution of the Irish Free State provided for the transfer of officers of the Provisional Government to the Irish Free State; and Art. 78 of the Constitution provided that every existing officer who was transferred from the British Government by virtue of any transfer of services to the Provisional Government should be entitled to the benefit of Art. 10 of the said Articles of Agreement for a Treaty. Section 1 of the Constitution of the Irish Free State (Saorstt Eireann) Act, 1922 (No. 1 of 1922), provided that the Constitution which was set forth in the First Schedule thereto should be the Constitution of the Irish Free State; and s. 2 gave the force of law to the Articles of Agreement for a Treaty:Held, that the effect of these enactments was to give to every existing officer who was transferred to the Provisional Government, and afterwards to the Irish Free State, a right by Irish law to the benefit of Art. 10 of the Articles of Agreement for a Treaty, with a corresponding title to enforce that right in the Courts...