Draft Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

Andrew Smith Excerpts

Thursday 7th July 2016 General Committees

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

I beg to move,

That the Committee has considered the draft Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016.

May I say what a pleasure it is to serve under your chairmanship this morning, Mr Nuttall? The purpose of the draft order is to make changes to the fees payable in proceedings in the civil courts and tribunals. Specifically, the order will uplift a number of fees charged in the civil and magistrates courts by 10%.

[Mr Andrew Smith (Oxford East) (Lab)]

The Minister says that the fees are being increased by 10%. How does he justify such a large increase over and above inflation? Does that not put at risk the process of, and access to, justice?

[Mr Vara]

The right hon. Gentleman asks a good question, but he will be aware that running the courts and tribunals system costs a lot of money. Given the economic difficulties that the country is in, we have found it necessary to impose fees that will contribute towards the cost of keeping Her Majesty’s Courts and Tribunals Service operating.

As I was saying, the order will uplift a number of fees charged in the civil and magistrates courts by 10%. That will include all the fees that are currently at full cost recovery levels including, for example, the fees for judicial review proceedings, but the uplift will not apply to fees in civil proceedings that are already set above cost. The uplift will also apply to judicial review proceedings heard in the immigration and asylum chamber of the upper tribunal to ensure that the fees in judicial review proceedings are consistent across jurisdictions.

The order also introduces a new, consistent fee-charging approach across the property chamber of the first-tier tribunal. The current structure that operates in the tribunal is complex and inconsistent, with a range of different fees charged for some application types and no fees charged for others. Our changes will simplify and standardise the approach, reducing the burden on the general taxpayer by raising the overall recovery rate in the tribunal from about 4% to about 10% and sharing that burden more equally between all those who use the tribunal.

As we announced in our consultation response last December, the target is to recover about 25% of cost from fees in the property chamber. Achieving that aim will require us to revisit our specific proposals relating to leasehold enfranchisement cases, and we will make an announcement on our plans for fees in those proceedings in due course.

Finally, the order will change the default classification of two new appeal rights that have been created in the employment tribunals from a type B claim, which attracts the higher fee, to a type A claim, for which the fee is lower. The normal rule is that when those who use a public service are charged a fee to access them, the fee should be set at a level designed to cover the full costs of the service. The civil and family courts have operated on that basis for a number of years.

Section 180 of the Anti-social Behaviour, Crime and Policing Act 2014 provides the Lord Chancellor with the power to prescribe fees above cost, but requires that those fees are used to

“finance an efficient and effective system of courts and tribunals”.

That power was used for the first time in March last year to increase the fees for money claims, and again earlier this year to increase the fees for possession claims, general applications in civil proceedings and applications for a divorce or dissolution of a civil partnership. The power will be exercised again in this order to increase the fees in a range of civil proceedings by 10%, which will take those fees above cost recovery levels.

The fee changes that affect the property chamber of the first-tier tribunal and employment tribunals will be made under section 42 of the Tribunals, Courts and Enforcement Act 2007, given that even after these changes, the fees will remain well below cost recovery levels.

The case for revisiting the fees that we charge in courts and tribunals is based firmly on the need to ensure that Her Majesty’s Courts and Tribunals Service is properly funded to protect the vital principle of access to justice.