draft Civil Proceedings, Family Proceedings and Upper Tribunal Fees (amendment) order 2016

Christina Rees Excerpts

Thursday 28th January 2016 General Committees

[Christina Rees (Neath) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Davies. We on this side agree that the Courts and Tribunals Service should be run as smoothly, and with as little expense to the taxpayer, as is reasonably possible. However, we do not believe that the justice system should be used as a cash cow to make up for the shortfall in Government funding. Any attempts to plug the gap in funding should not be on the backs of people applying for a divorce.

The draft order increases fees across a number of civil litigation areas. However, our main bone of contention is with the substantial increase in the fees for divorce applications. The Government seek to increase those enhanced fees on the backs of people who are already going through a traumatic period of life. We heard this week from the Master of the Rolls, Lord Dyson, who has rightly criticised the Government’s increase of court fees, and from Sir James Munby, who referred to the increase as a “poll tax on wheels”, with those who want a divorce having to do so “through gritted teeth”.

In the Government’s own words, the Lord Chancellor has consulted

“the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Deputy Head of Civil Justice and the Civil Justice Council…They have expressed their opposition to the increased divorce fee as they think that it will be a disincentive for divorce and in particular, women that are victims of domestic violence.”

An overwhelming majority—87%—of the people who engaged with the consultation on this proposal disagreed with it. The House of Lords scrutiny Committee, when looking at the SI, expressed disappointment that the Government had given no justification for the policy other than to generate income.

The average cost of divorce is about £270, but the Minister wishes to charge the public double that, to plug a funding gap. It beggars belief that the Government would go ahead with raising these fees without the support of the judiciary and the public, putting access to justice for vulnerable people, and especially those in abusive relationships, further out of reach. Divorce is not taken lightly, but once the decision is made there is no choice but to go through the courts, and people will be rightly aggrieved that the Government are making money out of their misery.

Opposition Members will not vote against the fee increases, but we would appreciate it if the Minister answered some questions and made some commitments.

[Graham Stuart (Beverley and Holderness) (Con)]

I am sure the hon. Lady will want to be careful to make clear that for those in abusive relationships, the act of going through a divorce is not a necessary component of separating themselves from their abuser. Ultimately, the protection of vulnerable people should not be affected, whatever the fees for the divorce.

[Christina Rees]

Does the Minister agree that increasing these enhanced fees will discourage women in abusive marriages from pursuing litigation, as they may see the fee increase as a bridge too far?

[Graham Stuart]

For someone severing a relationship with a person who may have abused them, obviously this is a higher fee, but going through the act of divorce is not a necessary part of the personal safety of those who are abused. It is important that people realise that they need to separate themselves from their abuser and not worry about eventual, actual legal separation in order to get the physical separation that is important to them.

--- Later in debate ---

[Christina Rees]

What assessment has the Minister made of the impact of divorce rates—

[Graham Stuart]

Can the hon. Lady respond without reading?

[Christina Rees]

I took the hon. Gentleman’s point on board the first and second time he made it.

What assessment has the Minister made of the impact of the fee increase on divorce rates? Does he agree that the fee increase will have a disproportionate effect on women, given that of 118,000 divorce applications, 65% are made by women? Will he commit to a proper review of the fees and review any negative impacts they may have, especially on access to justice and vulnerable women?

[Mr Vara]

I welcome the hon. Lady’s comments and her agreement with the general thrust of the order—the need for an efficient Courts and Tribunals Service. I am happy to give consideration to the points she has made, and I hope to give her some assurance.

I recognise, as do the Government, that divorce is a very difficult time for the people concerned, particularly where families are involved. It is, however, important to remember two basic points. First, we have listened to the public. In response to their concerns, we did not go ahead with the initial proposal to raise the fees to £750, but will instead raise them to £550. Secondly, where people are unable to afford the fees, we have a remission scheme in place that will give them full or part remission, depending on their means.

[Christina Rees]

The point I was making is that the Government are making a profit on the £270 cost of divorce. That was my first point. Also, how difficult is it to get through that remission system? I understand that it is quite difficult.

[Mr Vara]

As far as the profit element is concerned, the hon. Lady will appreciate that we passed legislation to make it possible for fees to be raised to a higher level than simply cost value. She will appreciate, I hope, that the Government have a mandate to fix the economy, and that mandate was given at the general election. We put our cards on the table—our manifesto was there—and said that we would continue to have to take some tough decisions.

The increase is not an easy decision, and I do not for one moment say that it is. It is a difficult decision, but I hope she will accept that it is necessary as part of our overall scheme to ensure that we can raise sufficient funds. Through that, we can ensure that the responsibilities of the economy are taken on board by this generation and not passed on to the next or to our grandchildren.