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The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

In October 2013, the Treasury laid before Parliament a short statutory instrument, in relation to Sir Keir Starmer, that has since gained unexpected political attention.

Officially known as The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013 (SI 2013/2588), the measure came into force on the 31st October 2013.

Despite its modest length of just three operative paragraphs, the Regulations addressed a specific technical issue arising from Keir Starmer KC’s departure as Director of Public Prosecutions (DPP).

Made – – – – 8th October 2013
Laid before Parliament 9th October 2013
Coming into force – – 31st October 2013

The Treasury, in exercise of the power conferred by section 5(2) of the Pensions (Increase) Act
1971(a) and now vested in them(b) hereby make the following Regulations:

Citation and commencement

  1. These Regulations may be cited as the Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013, and come into force on 31st October 2013.

    Interpretation
  2. (1) In these Regulations, “the 1971 Act” means the Pensions (Increase) Act 1971.
    (2) For the purposes of these Regulations the time when a pension “begins” is that stated in
    section 8(2) of the 1971 Act(c).

    Pensions to which the 1971 Act shall apply
  3. The 1971 Act shall have effect in relation to any pension payable under the Pension Scheme
    for Keir Starmer QC (being a scheme made under section 1 of the Superannuation Act 1972(d)),
    as if it were a pension specified in Part 1 of Schedule 2 to the 1971 Act.
The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

Background

Sir Keir Starmer, who is currently the UK Prime Minister, served as Director of Public Prosecutions from 2008 until 2013, leading the Crown Prosecution Service through a period of major reform.

As with other senior public appointments, his remuneration included a pension arranged under section 1 of the Superannuation Act 1972.

This was a bespoke pension scheme created specifically for the role of DPP, separate from the standard civil service pension arrangements. When Keir Starmer left office, a question arose regarding how his pension would be increased for inflation once it came into payment.

Purpose of The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

The 2013 Regulations were made under section 5(2) of the Pensions (Increase) Act 1971. They declared that the 1971 Act “shall have effect” in relation to any pension payable under Keir Starmer’s scheme “as if it were a pension specified in Part 1 of Schedule 2” to that Act.

In simple terms, this ensured that Kier Starmer’s DPP pension would receive the same annual up-rating for inflation as most other public-service pensions. Increases would therefore be linked to the Retail Prices Index (or its successor measures), thereby protecting the pension’s real value over time.

Key Provisions and Scrutiny

Signed by Treasury ministers Desmond Swayne and Stephen Crabb on the 8th October 2013, the instrument was laid before Parliament the next day.

An accompanying explanatory note emphasised its narrow scope, stating that it had “no impact upon the private or voluntary sectors”. A parliamentary joint committee scrutinising statutory instruments noted a minor drafting point concerning the definition of when a pension “begins”. However, the committee accepted the Treasury’s clarification and viewed the Regulations as largely technical in nature.

The underlying pension scheme was tax-unregistered, a common feature for certain high-level public posts at the time. The 2013 Regulations did not create or change this tax status; they simply applied standard indexation rules.

Later Controversy

For nearly a decade, the Regulations attracted little public interest. They resurfaced in March 2023 during debates over the abolition of the lifetime allowance. Some critics portrayed the measure as a “special law” granting Kier Starmer, by then Leader of the Opposition, a personal tax advantage.

Supporters argued that the arrangement was standard practice for the DPP post and that the Regulations merely aligned indexation with other comparable public-sector schemes. Keir Starmer has described the pension as the normal entitlement for the office he held.

Labour leader Sir Keir Starmer has been accused of hypocrisy by Conservatives over a tax exempt pension deal he has from a previous job.

Sir Keir criticised measures in the Budget which scrapped the £1m cap on lifetime pensions savings.

The Telegraph reported that Sir Keir got a special “tax unregistered” pension scheme when he stood down as Director of Public Prosecutions (DPP) in 2013.

Labour says it was standard practice for retiring DPPs to get such a deal.

But senior Conservative MP Sir Iain Duncan Smith told The Telegraph it made a “mockery” of Labour’s position on the lifetime pension allowance, and was as “close to hypocrisy as it is possible to get”.

Sir Keir Starmer criticised over tax free pension scheme

Image of The Rt Hon Sir Keir Starmer KCB KC MPxAI – Grok

Check out our related articles on Statutory Instruments, Director of Public Prosecutions (DPP), Rule of Law, Crown Prosecution Service, Open Justice, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, The Secret Barrister, Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.


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