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

Debate between Shailesh Vara and Lord Mann
Thursday 7th July 2016

(8 years, 4 months ago)

General Committees
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Shailesh Vara Portrait Mr Vara
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The hon. Gentleman is right that the Scottish Government have taken a different approach. However, there has been a distinct lack of any mention of where they will get the money from. From which other budget will they take it? Until that response is given, the promise of scrapping one set of fees is somewhat hollow, commendable though it is. There is an element of balancing budgets here.

It is not unreasonable to charge people who use the courts and tribunals system so that they make a contribution for that use. The order is not about profit—it is simply wrong to say that it is. In fact, it shows a complete lack of understanding of how the courts and tribunals system operates. It is abundantly clear that the fees will be used to help run the courts and tribunals system and will go towards the additional £700 million that the Chancellor has made available to ensure that we have a 21st-century, first-class courts system that is the envy of the world. There is simply not a bottomless pit of money, and we must remember that we are talking about taxpayers’ money.

The issue of employment tribunal fees is not relevant to this debate, but I will briefly make one or two comments to rebut some points that have been made. As the hon. Member for Glasgow South West said, the latest figure for the cost of employment tribunals was £71 million a year. It is therefore not unreasonable that the public should contribute towards the use of those tribunals. What has not been taken note of, however, is that some 83,000 people have used the ACAS early conciliation scheme, which is free.

It is ironic that some Members here claim to represent the public, given what they have said today. Indeed, the hon. Member for Bassetlaw said that we are not in touch with the public. He is the one who is not in touch with the public, because he is seeking to scrap fees. We are instead encouraging people to use a system that is absolutely free, with no lawyers’ fees, no court fees—no anything. We have the irony that these people are standing up and advocating a system of people going to employment tribunals, which would necessitate cost.

Lord Mann Portrait John Mann
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Irony? The irony is that people are required to go to ACAS. Does the Minister think that in the cases that I take, we do not go to ACAS? The employers, like that Gosport Tory, refuse to answer the phone calls and letters from ACAS. Of course we go through ACAS. These bad employers do not settle in ACAS. I do not suggest that the taxpayer should be funding the service—of course the taxpayer should not be funding it. There should instead be proper fines for employers that break the law. That is how the tribunal system ought to operate, and that—enforcing and strengthening the law—would be easy to do.

Shailesh Vara Portrait Mr Vara
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The hon. Gentleman said that he was not a lawyer, but he does not have to be a lawyer to know that people who go to employment tribunals and win are entitled to have their costs repaid, including the cost of the fee.

Oral Answers to Questions

Debate between Shailesh Vara and Lord Mann
Monday 2nd November 2015

(9 years ago)

Commons Chamber
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Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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1. What estimate he has made of the number of pensioners accessing up-to-date pension advice from his Department.

Shailesh Vara Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
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The Department itself does not give advice. Regulated financial advice can be given only by a Financial Conduct Authority-authorised adviser. Pension Wise, set up by the Government, offers free, impartial guidance to people aged over 50 with defined contribution pensions. So far, over 20,000 people have received a guidance appointment since April 2015.

Lord Mann Portrait John Mann
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Twenty thousand is a drop in the ocean, considering the enormity of the changes. How will the Government ensure that pensioners are getting good, sound advice—and quantify that they are—in order that pensioners are not ripped off by people advising them badly and therefore lose out in future years?

Shailesh Vara Portrait Mr Vara
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May I bring the hon. Gentleman into the 21st century? There have been over 1.5 million visits to the Pension Wise website. We are confident we will make sure that the public are aware of what Pension Wise has to say, and that people can access the website or have face-to-face, telephone or online interviews.

Oral Answers to Questions

Debate between Shailesh Vara and Lord Mann
Tuesday 17th March 2015

(9 years, 8 months ago)

Commons Chamber
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Shailesh Vara Portrait Mr Vara
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It is always helpful if shadow Ministers do their homework. The proposals to which the hon. Gentleman refers were achieved by the previous Lord Chancellor. As far as his comment on the Justice Committee’s report is concerned, I do not hear him or his boss saying that they will be reversing any of the cuts that we have made. If they want to do that, the shadow Chancellor will have plenty of opportunity so to do in due course.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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5. What assessment he has made of the effectiveness of his Department's oversight of claims-handling companies.

Shailesh Vara Portrait The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
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Tackling bad practices by claims management companies is a priority for the Department’s claims management regulator. Recent measures taken to strengthen the effectiveness regulation include tougher rules to crack down on malpractice and a new power to impose financial penalties on CMCs that break the rules. Since regulation began in 2007, the licences of more than 1,200 CMCs have been removed. Between April and December 2014, we stepped up enforcement action, with 338 CMCs being warned for poor conduct or having their licences removed.

Lord Mann Portrait John Mann
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The whole country is sick of these companies ringing up day and night leaving answerphone messages and harassing pensioners. When it comes to PPI mis-selling, they are taking half the money that is due to decent people purely for writing a letter to a bank asking it to investigate the matter. We need to expose the sham of these companies more effectively, because, across the country, people are losing out and are getting increasingly sick of their behaviour.

Shailesh Vara Portrait Mr Vara
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I agree that many people are very upset with the behaviour of those companies. In fact, millions of people are upset with what is happening. This is something that requires joined-up activity. The claims management regulator is working closely with the primary enforcement agencies at the Information Commissioner’s office and at Ofcom to investigate practices and take firm enforcement action against rogue companies. The hon. Gentleman will be aware that much work on nuisance calls has already been done and that the Department for Culture, Media and Sport is leading on reforms in this area. Last year, for example, the Department published a joint action plan, involving all the relevant regulators, including the Information Commissioner’s office, Ofcom and the claims management regulator.