Draft Justices of the Peace and Authorised Court and Tribunal Staff (Costs) Regulations 2020

Debate between Chris Philp and Steve Baker

Monday 9th March 2020 General Committees

[Chris Philp]

Often when we legislate in this House, some of the more technical matters are not put on the face of the Bill. The Government are given regulation-making power the activate or implement powers at a subsequent time—otherwise the Bill would be enormously long. This is one of the many examples where the technical implication of a measure is done via a statutory instrument—in this case, an affirmative statutory instrument—rather than on the face of the Bill. In fact, we were in this very room just a few days ago implementing a similar measure in relation to alcohol abstinence and monitoring requirements. This is just one of those measures that are activated by an SI, rather than being on the face of the Bill, to keep the Bill a little smaller.

I hope I have outlined the substance of the matter before us. If colleagues have questions, I would be delighted to answer them—

[Mr Steve Baker (Wycombe) (Con)]

In that case, will the Minister allow me before he sits down?

[Chris Philp]

I cannot possibly resist my hon. Friend.

[Mr Baker]

I am grateful to my hon. Friend. These are obviously necessary procedural regulations, but I draw his attention to paragraph 7.2 of the explanatory memorandum, which refers to

“provisions in relation to costs in (the very rare) proceedings against justices’ clerks and justices of the peace.”

Could he give us some indication of how frequently these very rare proceedings have taken place, and what the cost to the taxpayer has been?

[Chris Philp]

Yes. Saying “very rare” may be a masterstroke of understatement. We have been unable to find any examples of legal action against justices’ clerks as individuals since 2003. However, each year there have been, on average, about 100 court cases where a decision by justices’ clerks has been challenged, although the justices’ clerk themself has not been named in the action. In those 100 cases a year, as far as we can find, there has not been a single example where a costs order has been made against a justices’ clerk that the Lord Chancellor has had to pick up the tab for. As far as we can tell, the answer is that, since 2003, the cost to the Exchequer has been nothing, but it is important to have the procedures in place, in case the need ever arises.