(11 years, 3 months ago)
Commons Chamber1. What recent discussions he has had with his Cabinet colleagues on the costs and benefits of his reforms to judicial review.
The impact assessment of 23 April and the Government response to the consultation clarify the costs and benefits of our reforms, which are intended to tackle delays and reduce the burden, while upholding access to justice.
Figures published by the Minister’s Department confirm that the proportion of judicial review applications for planning and environmental cases has remained unchanged since 2005. Does she agree that, rather than facing a culture of so-called meritless judicial review applications, what we actually face is a meritless attack on people’s fundamental constitutional rights to challenge unlawful behaviour by public bodies and protect their environment, without a shred of evidence to substantiate the changes she is rolling out?
I do not agree with the hon. Lady. Judicial review is a critical check on the power of the state—and it will remain so—but it is also subject to abuse, stifling innovation, frustrating reforms and imposing unnecessary costs on individuals, business and the economy. Our reforms will tackle the burden while maintaining the benefits of the rule of law, access to justice and the right to a fair hearing.
In welcoming my hon. Friend’s remarks, may I urge her to look at other, wider areas where judicial review might be considered to some extent to be supplanting Parliament by interfering with the answerability of Government? I am thinking of some immigration tribunals and areas of the benefits system, where judicial review has been misused.
How can the Minister possibly claim that these changes are not damaging access to justice, when she knows full well that by reducing the possibility of taking cases to judicial review, public authorities and the Executive cannot be held to account by ordinary citizens? Why is she destroying what is so important in our justice system in this country?
Does my hon. Friend agree with the principle that public power should not be exercised to abrogate fundamental common-law values, at least unless abrogation is required or those concerned are empowered by clear primary legislation? If we have better and clearer primary legislation, we are likely to have less judicial review.
2. What steps he plans to take to reduce the number of offences committed by people on probation.
3. What progress he has made on improving the feedback from tribunal judges to the Department for Work and Pensions on the reasons for overturning employment and support allowance refusal decisions.
The provision of feedback on reasons for tribunals’ decisions is always a matter for the judiciary. As the hon. Lady will be aware, new arrangements for this were put in place in July 2012. Her Majesty’s Courts and Tribunals Service is continuing to work with the judiciary, the Department for Work and Pensions and the other organisations involved to find ways of improving feedback.
The problem is that the feedback mechanism, which involves the use of a drop-down menu, is very brief. For example, the reason given for 40% of the overturned decisions was “cogent oral evidence”. That does not give decision makers in the DWP any real help in understanding how they can make changes that would result in fewer appeals. Surely it is necessary for the Department, which bears the cost of the appeals, to do something about this.
The waiting times for appeal hearings for employment and support allowance claims are far too long. The waiting time at the Leicester venue is now 40 weeks, which is a complete disgrace. What is the Minister going to do to sort this out?
My hon. Friend makes a good point. It is important to deal with these cases in a timely manner. National waiting times for ESA appeals are actually down, from 21.5 weeks in December 2011 to 16.7 weeks in December 2012. The figures are even better in Scotland, but of course more needs to be done.
That is a very good tie, by the way, Mr Speaker.
Does the Minister agree that so many incorrect first decisions having to be overturned by judges not only causes massive grief for the families concerned but incurs significant additional cost to the taxpayer? That is a double whammy. Surely it is time we got this right.
The judiciary provides feedback, which is being considered. In November 2012, over 60% of appeals allowed by tribunals had reasons for the decisions attached. As I indicated in response to the question before last, we are looking at a new pilot, and I will write to the hon. Member for Edinburgh East (Sheila Gilmore) about it.
The Minister told us earlier about what she views—wrongly in my view—as the exploitation of judicial review. Is it not the case here that poor decisions by Atos are piling work on the tribunals service and therefore costing the public more money? Why does her Department not liaise properly with the Department for Work and Pensions, or is this another case of one arm of the Government not knowing what the other is doing?
4. What the Government’s strategy is on the future of the probation service.
20. What the Government’s strategy is for victims of crime.
For many years victims have felt overlooked and completely unsupported by the criminal justice system. The Government are determined to put that right, which is why we are implementing a range of reforms that will put victims at the very heart of the criminal justice system, which we say is where they belong.
Today we will hear more about the tragic case of Maria Stubbings and how she was dealt with as a victim of domestic violence. Ministers have acknowledged that delays in our courts system disproportionately affect victims of sexual violence. Will they acknowledge that too many female victims in Britain get a raw deal in our criminal justice system, and what do they intend to do about it?
I categorically do not agree with what the hon. Lady has said. The Government are absolutely committed to tackling domestic violence and violence against women and girls. We have set up a national taskforce, led by my right hon. Friend the Minister for Policing and Criminal Justice, to protect children and vulnerable people from sexual violence. We have also opted into the EU directive on combating child sexual exploitation and will continue to do everything we possibly can to ensure that vulnerable people are protected from the devastating crimes that can do serious long-term harm.
T1. If he will make a statement on his departmental responsibilities.
T9. . What can the Secretary of State do the reverse the increase in the compensation culture in the UK?
Our whiplash consultation closed on 8 March. We looked into the use of independent medical review panels and increasing the small claims compensation threshold. A response to the Government’s consultation will be published in autumn this year after the Transport Committee’s inquiry into whiplash.
T2. What plans does the Minister have to monitor the banning of referral fees in personal injury matters and to review the payment of referral fees in conveyancing?
(11 years, 3 months ago)
Ministerial CorrectionsTo ask the Secretary of State for Justice what assessment he has made of the effectiveness of the victim surcharge.
[Official Report, 26 March 2013, Vol. 560, c. 1106W.]
Letter of correction from Mrs Grant:
An error has been identified in the written answer given to the hon. Member for Gillingham and Rainham (Rehman Chishti) on 26 March 2013.
The full answer given was as follows:
Since its introduction in 2007, the victim surcharge has raised £41.2 million, which has funded vital services for victims and witnesses of crime. The reforms to increase and extend the surcharge, introduced by this Government, will see more offenders take responsibility for the harm they have caused. They will contribute up to an additional £50 million per year towards the cost of victims' services.
The correct answer should have been:
Since its introduction in 2007, the victim surcharge has raised £41.9 million, which has funded vital services for victims and witnesses of crime. The reforms to increase and extend the surcharge, introduced by this Government, will see more offenders take responsibility for the harm they have caused. They will contribute up to an additional £50 million per year towards the cost of victims' services.
(11 years, 3 months ago)
Written StatementsThe Government share the widespread concerns about the disproportionate growth in whiplash claims and the impact they have on the price of motor insurance premiums. To address these issues, I announced to this House on 11 December 2012, Official Report, column 32WS, that the Government were launching a consultation on “Reducing the Number and Costs of Whiplash Claims”.
The consultation ran for 12 weeks and sought views from stakeholders on proposals to introduce independent medical panels and on whether to amend the small claims threshold for damages for personal injury claims. It committed the Government to review the submissions received and publish a response in spring 2013.
The consultation closed on 8 March. However, on 15 March the Transport Committee announced an inquiry into whiplash, which would include an examination of the Government’s consultation proposals.
The Government believe that, prior to taking any final decisions on whiplash reform, they should give due consideration to the views of the Transport Committee. The Government also believe that the impact of their recent civil reform programme on the price of motor insurance premiums needs to be assessed. Consumers should be rewarded with the lower litigation costs being reflected in lower insurance premiums.
For these reasons the Government have decided to defer publication of their formal response to the consultation until after the Committee has reported.
The Government’s consultation document was laid before Parliament when the consultation began. It is also available online at:
https://consult.justice.gov.uk/digital-communications/reducing-number-cost-whiplash.
(11 years, 3 months ago)
Written StatementsMy right hon. Friend the Minister for the Armed Forces and I wish to make the latest of our quarterly statements to the House to report progress with inquests into the deaths of service personnel on active service overseas. Once again we want to record our deep gratitude to and admiration for all our service personnel who have served in the Iraq and Afghanistan operations. Their determination, their professionalism and their courage on behalf of us all have been totally dependable. We remember those service personnel who have made the ultimate sacrifice, and their families left behind. We particularly remember the families of the four service personnel who have given their lives since our last statement in January.
In this statement we give details of inquests conducted by the Oxfordshire coroner, the Wiltshire and Swindon coroner and other coroners in England and Wales. This statement gives the position at 6 May 2013.
We have placed tables in the Libraries of both Houses providing additional information to supplement this statement. The tables show the status of all current cases and include information about cases where a board of inquiry or a service inquiry has been held or has been directed to be held.
Our Departments continue to work together to improve our processes and ensure that they are as effective and timely as possible. As we have previously informed the House, the Chief Coroner for England and Wales is in post and will have a number of specific powers and duties in relation to service personnel inquests. Section 12 of the Coroners and Justice Act 2009 came into force last year and enables deaths of service personnel killed abroad on active duty to be investigated in Scotland, where this is appropriate. The remainder of the chief coroner’s powers are due to come into force this summer.
We will continue to support the coroners who are conducting inquests into the deaths of service personnel. We are sincerely grateful to coroners, their staff and all who help and support bereaved families throughout the inquest process.
Since October 2007 both Departments have made funding available for additional resources for the coroners for Wiltshire and Swindon and for Oxfordshire. This is to help the coroners conduct the inquests of service personnel who have been repatriated to airbases in their districts. These are RAF Lyneham in Wiltshire, the airbase for repatriations from 1 April 2007 to 31 August 2011, and RAF Brize Norton in Oxfordshire, where repatriations have taken place since 1 September 2011. The funding prevents any backlog of inquests and helps the coroners to balance the service personnel inquests within their community workload.
Current status of inquests
Since we made our last statement there have been 11 inquests into the deaths of service personnel on operations in Iraq or Afghanistan. A total of 569 inquests have been held into the deaths of service personnel who have fallen in Iraq and Afghanistan or have died in the UK from injuries they sustained in those operations. There are three cases where no formal inquest has been held. In one case, a serviceman died from his injuries in Scotland, and it was decided that a fatal accident inquiry would not be held. In the other two cases, the death was taken into consideration at inquests into the deaths of other service personnel who died in the same incidents.
Open inquests
Deaths in Afghanistan
As at 6 May 2013, there are 44 open inquests into the deaths of service personnel in Afghanistan. Three of these inquests relate to deaths in the last six months.
The Wiltshire and Swindon coroner has retained nine of the open inquests and the Oxfordshire coroner has retained 19. Coroners closer to the next of kin are conducting the remaining 16 inquests. Two hearing dates have been set.
Deaths of service personnel who returned home injured
There are five open inquests into the deaths of service personnel who returned home injured but died of their injuries. Two hearing dates have been set. When investigations into the remaining three deaths are completed, they will be listed for hearing.
We will continue to inform the House of progress.
(11 years, 4 months ago)
Written StatementsToday the Government responded to the Justice Committee report “Interpreting and translation services and the Applied Language Solutions contract”. This sets out some of the work which has already taken place and some of which is planned in order to bring about improvements to the contract and the associated framework agreement for the justice sector.
Part of this work was to review the current terms and conditions for interpreters under the contract in discussion with Capita and taking into account the feedback from groups of interpreters. I can announce that several changes will come into effect in May this year which will have a direct impact on take-home pay for interpreters. We are confident that these measures are affordable for the taxpayer, but will also have a direct effect on performance levels by attracting more interpreters to register to work, as well as encourage those already registered to undertake more bookings.
The changes address a number of concerns that interpreters have raised with the Department and Capita and include paying interpreters at their qualified tier and in 15-minute blocks, extending the use of mileage payments and introducing cancellation fees where the hearing is cancelled or runs significantly shorter than expected through no fault of the interpreter. We are also introducing a fee to cover incidental costs that the interpreter might incur.
Other work is ongoing in our challenge to Capita to improve performance under the contract.
Copies are available in the Vote Office and the Printed Paper Office.
(11 years, 4 months ago)
Written StatementsIn my written ministerial statement of 18 December 2012, Official Report, column 96WS about the Third Parties (Rights against Insurers) Act 2010 (“the 2010 Act”) I undertook to make a further statement before the end of the current Session of Parliament.
I am pleased to announce that the Government intend to amend the 2010 Act to include (a) a number of specific insolvency situations and (b) a power for the Secretary of State to add further insolvency situations to the 2010 Act by order should the need arise. We intend to bring the 2010 Act into force as soon as reasonably possible after these amendments have been made.
The specific insolvency situations omitted are within the scope of the Third Parties (Rights against Insurers) Act 1930 and the Third Parties (Rights against Insurers) Act 1930 (Northern Ireland). Commencing the 2010 Act without first including them would deprive third parties, such as individuals and businesses, of the protection they now have from the consequences of the insolvency of the person who has incurred a liability to them. These insolvency situations include: administrations (other than those ordered by the court) under the Insolvency Act 1986; debt relief orders in Northern Ireland; and certain subject specific types of administration orders, such as air traffic administration orders and energy administration orders. The proposed power will provide a straightforward means to remedy any other omissions that may exist now and to add any insolvency situations that are created in the future.
Legislation to effect the necessary amendments to the 2010 Act will be introduced when parliamentary time permits.
(11 years, 4 months ago)
Commons ChamberI beg to move,
That this House agrees with Lords amendment 2B in lieu of Lords amendment 2, to which this House has disagreed.
The reasons that this House gave for disagreeing to certain amendments to the Bill have been considered in the other place, and a further amendment has been agreed there that now requires consideration by this House. I ask the House to agree to Lords amendment 2B.
The Lords amendment is to clause 1 and makes it clear that a body that trades for profit will satisfy the serious harm test only if it is able to show that the statement complained of has caused that body, or is likely to cause it, serious financial loss. As I made clear when we originally considered Lords amendments, we recognise the strength of feeling that exists on whether there should be a specific provision in the Bill on the issue. I indicated that I would consider the matter further, and the amendment reflects the outcome of those considerations.
As the Government explained at earlier stages of the Bill’s passage, we amended what was initially a “substantial harm” requirement to one of “serious harm” to raise the bar for bringing defamation claims. The Lords amendment therefore refers to “serious financial loss”, to reflect that aim, and is now linked explicitly with the serious harm test.
We consider that the approach that we have taken is clearly preferable to that in the earlier Lords amendment 2 for two main reasons. First, the use of the words “serious financial loss” makes it absolutely clear that the financial loss required to meet the serious harm test must itself be serious. By contrast, the reference in the earlier amendment to “substantial financial loss” could inadvertently have weakened the requirements of what must be shown to satisfy the test.
Why does my hon. Friend say that? What is the difference between “serious” and “substantial”?
I am sure that my hon. and learned Friend will go into details about the motion that he tabled, but as we have made clear, we think it is helpful that there will be a direct link between serious harm and serious financial loss. That will make the situation absolutely clear to those wishing to bring an action.
The second reason why Lords amendment 2B is preferable to the earlier Lords amendment 2 is that the term that we have used to define those who will be subject to the requirement—
“a body that trades for profit”—
is a much clearer and simpler definition. Those are the bodies about which people have expressed concern, so we have phrased the amendment specifically and directly to meet those concerns.
I believe that the Lords amendment represents an effective and proportionate approach that addresses the concerns that have been expressed in this House and elsewhere. I urge the House to support it.
Thanks to a lot of hard work—especially in the other place, it has to be said—the Bill is now in a much better place. It is still far from perfect, sadly, which is a huge shame. It could have been perfect and a marvel to behold, but sadly the to-do list in the Bill includes early strike-out, website operator regulations and clarification for booksellers of the innocent dissemination rules, about which they were concerned. It also includes costs, which are a strange case, because we are really no further forward on them.
Indeed, we are left in a wholly unsatisfactory place. The last-minute announcement of a consultation on costs over the summer shows how sloppily this Government have treated parts of the Defamation Bill. The mess in respect of defamation, Leveson and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 means in future people in a similar position to the Dowlers, Simon Singh and Peter Wilmshurst who will fight defamation cases will probably be in a worse position on costs than they would have been had the Government not got their hands on this legislation. Despite the promises that were made during the passage of the LASPO Act, costs is a major issue, and it should have been dealt with properly before this Bill returned to the Chamber.
The Minister commented on extending the Derbyshire principle to private companies. It is estimated that, following this Government’s privatisation agenda, in the NHS alone private companies will take over £16 billion- worth of Government contracts to provide services previously carried out by the public sector. Those services will go to private companies that use the law to chill debate in a way that the NHS cannot. Atos frequently suppresses disquiet, and Baroness Hayter cited Serco in the other place yesterday.
I hope the judiciary is listening to this debate and has listened to some of the other debates, because as Ministers both in this House and the other place have repeatedly said, the courts should further develop the Derbyshire principle in line with the will of Parliament. That is an unsatisfactory position, however, and this is on the to-do list of things that would have improved the Bill dramatically, but I hope the courts will now extend Derbyshire to contracts between the private sector and the Government or local authorities, because that is in line with the will of this House. [Interruption.] The Minister has commented on that, as I have said.
It is thanks to Opposition Members that the Bill has been improved. No matter what is claimed on the Liberal Democrat Voice website, not once have the Lib Dems backed us against the Government. Indeed, yesterday in the other place in the vote on the Derbyshire aspect of what was amendment 2—[Interruption.] The Minister keeps chuntering about Derbyshire, but the issue here is clearly that the will of this House has been expressed on many occasions, but thanks to the Liberal Democrats supporting the Government, we are not able to take that forward. It is important to put that on the record. No matter what they say, it is all talk and no action from the Liberal Democrats.
This is now a better Bill, but it is not the best it could be, and we will need to return to it after Labour is re-elected to government in 2015—or sooner, I hope. It is the best we can expect at present, however, and that is a shame. I am disappointed—and also surprised, although perhaps I should not be—that the hon. and learned Member for Harborough (Sir Edward Garnier) has introduced his proposal. We will hear his observations on this matter in a few moments. We will decide whether what is before us is the best we can get today after we have heard the Minister’s final comments.
She is shaking her head to say she did not, but I am not sure that is an answer to the question. The Government should come to the Dispatch Box and have a coherent case to make, but they do not.
Old and ill-tempered Members of Parliament, whether they represent Worthing or Harborough, must draw their remarks to a conclusion at some stage so I shall do that now. I do so, however, with acute disappointment, and I think the Government are letting themselves down.
(11 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Dr McCrea, and I thank my hon. Friend the Member for Keighley (Kris Hopkins) for bringing this timely debate to the Chamber. I am sure that hon. Members will be aware of the concerns raised in the BBC “Panorama” programme last night on this subject.
My hon. Friend has eloquently, carefully and respectfully explained why he is opposed to any establishment of a state-sponsored, alternative judicial process in England and Wales. I recognise that there is some confusion about what the exact position is on this issue. Therefore I start by stressing plainly and clearly that sharia law has no jurisdiction under the law of England and Wales and the courts do not recognise it. There is no parallel court system in this country, and we have no intention of changing the position in any part of England and Wales.
On the points raised by my hon. Friend, sharia law is the code of personal religious law governing the conduct of Muslims. Those principles can extend to all aspects of people’s lives. There are a number of sharia councils in England and Wales that help Muslim communities resolve civil and family disputes by making recommendations by which they hope that the parties will abide, but I make it absolutely clear that they are not part of the court system in this country and have no means of enforcing their decisions. If any of their decisions or recommendations are illegal or contrary to public policy—including equality policies such as the Equality Act 2010—or national law, national law will prevail all the time, every time. That is no different from any other council or tribunal, whether or not based on sharia law.
Britain is proud of its tradition of religious tolerance. The Government do not prevent individuals from seeking to regulate their lives through religious beliefs or cultural traditions. Provided that an activity prescribed by sharia principles does not contravene the law of England and Wales, there is nothing that prevents people from living by sharia law.
The use of religious councils or other extra-legal bodies to deal with civil disputes is well established and non-contentious. Communities have the option to use religious authorities to adjudicate disputes and to agree to abide by their decisions on a voluntary basis, but such decisions are subject to national law and are not legally enforceable. Any member of any community should know that they have the right to refer to an English court at any point, especially in the event that they feel pressured or coerced to resolve an issue in a way with which they feel uncomfortable.
Because sharia councils do not have any legal means of enforcing their decisions, they can only make recommendations that they hope the parties will follow. There is no appeal mechanism. If a party decides to challenge a decision in a civil court, any decision would be made in accordance with English law.
Any use of sharia law in Scotland would be a devolved matter for the Scottish Parliament. My understanding is that there are no sharia courts in Scotland and that there is no intention of setting any up. However, individual parties can, if they wish, agree to use sharia law to settle disputes, so long as there is no conflict with the law of Scotland.
I understand the concerns, expressed by many, regarding religious councils involving themselves in matters of domestic violence, to which my hon. Friend referred. Domestic violence is a dreadful form of abuse and is not acceptable in our society; it is not condoned or supported by any religion. It is absolutely essential that victims and potential victims are aware of their rights and of all the advice and support that is available. The Government are committed to working with both statutory and voluntary organisations to ensure that our messages reach across all communities.
My hon. Friend knows that Baroness Cox’s Arbitration and Mediation Services (Equality) Bill had its Second Reading on 19 October 2012. The Government are aware of the level of concern about the perceived use and interpretation of sharia law in this country, as was highlighted by the amount of support for that Bill on Second Reading. After careful and considered deliberation, however, it was evident that the provisions already existed in current legislation and so were unnecessary. Instead, we believe the issue is more about raising awareness of the existing position under English law. We are fully committed to protecting the rights of all our citizens and will consider what is required to educate people further on the protections afforded to them by UK law.
Under criminal law, any person who commits a criminal offence is liable to be prosecuted for that offence, provided it is in the public interest to do so. In England and Wales, criminal proceedings are always heard in a criminal court. We do not recognise any criminal law decision made by an alternative court in this country. The Government have no intention of changing that position.
My hon. Friend also asked about the recognition of sharia marriages by English courts. We are working to raise awareness of the need to have a legally recognised marriage, and we are encouraging mosques to register to carry out legally recognised marriages in their various facilities.
I hope that I have answered all the important issues raised by my hon. Friend. This has been a useful and timely debate, and I am grateful to him for his contribution.
Rightly, this country celebrates diversity. We are a country where everyone has an opportunity to contribute, no matter what their background, ethnicity or religion, but that must be within a set of laws and a judicial framework that is common to all and understood by all. There can be no question of there being a parallel court system in this country. I hope that that clarification of the Government’s position reassures my hon. Friend and other hon. Members who are present
(11 years, 4 months ago)
Commons Chamber4. What steps she is taking to prevent women from becoming victims of human trafficking.
Raising awareness with potential victims in source countries and training front-line professionals in the UK are key to our work in identifying and preventing the exploitation of potential victims of all ages, genders and nationalities.
Given the shocking statistic that British girls trafficked for sexual exploitation make up nearly half of all modern-day slavery victims in the UK, what voice and help is the Minister giving those voiceless and helpless girls?
The Government recognise that, sadly, trafficking can and does occur in the UK. The inter-departmental ministerial group on human trafficking brings together all parts of the Government and raises awareness of trafficking, which can affect boys and men in addition to women and girls, across the UK. The group also highlights the tailored support available through the Government’s contact with the Salvation Army. The police are also doing a great deal of very good work to tackle trafficking.
Will the Minister talk to the Chairman of the Home Affairs Committee about how women who are terrified of publicity could give evidence to Select Committees in confidence that they will not be named and identified?
I think the Minister is being a little reticent. She perhaps forgot to say that on Monday the Prime Minister is opening an exhibition about human trafficking and the hidden number of slaves in our constituencies. Will the Minister welcome the Prime Minister’s intervention? It would be good if she did.
The Minister will be aware that many women who are victims of human trafficking, instead of being given the support they need, end up being prosecuted or having action taken against them under immigration rules. What assessment have the Government made of the suggestion by the Centre for Social Justice in its report last month that there should be a modern slavery Act that outlines an obligation to investigate indicators of slavery so that when there is a suggestion that there has been human trafficking, it is investigated rather than people being prosecuted?
It sounds like a very interesting report. I have not yet read it in detail, but I certainly will, and I will look at what the hon. Lady said. Our aim, at the end of the day, is to tackle this terrible issue at source. It is an abhorrent crime. We want to work smarter at our borders, have better law enforcement, and make sure that people do not become victims.
5. What assessment she has made of the cumulative effect of the Government’s policies on disabled people.
(11 years, 4 months ago)
Written StatementsI am today publishing a consultation on the system of fee remissions for courts and tribunals. The proposals in this consultation paper (Cm 8608) will ensure that access to justice is maintained for those who cannot afford a court or tribunal fee. They will also provide a better targeted system of fee remissions so that those who can afford to pay a fee do so.
The proposals set out in this consultation paper represent a wide-ranging reform of the fee remissions system. A fee remission is a full or partial waiver of the fees that become payable when an individual uses certain court or tribunal services.
The remission system ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficulty paying a fee by providing access to that service free of charge or at a reduced rate.
Our aim is to produce a remissions system which is better targeted, fairer, easy for users to understand and more coherent. To achieve this, the consultation paper proposes three key changes:
The introduction of a unified system of remissions across courts and tribunals.
The introduction of a disposable capital test to assess eligibility for a remission.
The introduction of a simplified income test, with a greater level of contribution required from those who receive a partial remission.
Implementation of these proposals will mean that the taxpayer contribution towards fee remissions will be targeted towards those who need it most. The proposals also ensure that the system of remissions takes into account the introduction of universal credit which replaces several benefits that currently determine eligibility for a remission.
The consultation will be open for a period of four weeks. We plan to implement an amended remissions system for the start of October 2013, in time for the introduction of the universal credit.
The consultation will be available in the Vote Office, the Printed Paper Office and on the Ministry of Justice website.