HC Deb 03 February 1997 vol 289 cc670-1
29. Mr. Cohen

To ask the Parliamentary Secretary, Lord Chancellor's Department what monitoring arrangements he has established to ascertain the effects of the new system of county court fees on low-income tenants seeking to use the judicial system. [12246]

The Parliamentary Secretary, Lord Chancellor's Department (Mr. Gary Streeter)

My Department has been collecting information on the number of non-possession housing disputes dealt with by the small claims procedure as part of our monitoring of the effects of the rise in the small claims limit. The information is currently being assessed. The majority of cases dealt with by that route are for less than £1,000 and the fee for those cases has not been increased. Low-income litigants bringing such claims may also have their fee reduced to £10. Moreover, litigants bringing larger claims who are eligible for legal aid will continue to have their court fees paid by the legal aid fund.

Mr. Cohen

Have not citizens advice bureaux expressed dismay at the hike in court fees which they describe as being targeted at those least able to afford them? As the setting down for trial fee will be £150 and it will cost a tenner even to apply for an exemption for a court fee, will it not be easier for bad landlords to harass and evict tenants and harder for tenants to use the law to protect themselves?

Mr. Streeter

The hon. Gentleman makes an important point. He will know that we have been moving towards full cost recovery of court fees for a number of years. It is important, however, to protect access to justice for those on modest incomes. We have done so in two ways: first, the Legal Aid Board continues to pay the court fees of those on legal aid and, secondly, those on low incomes who are not eligible for legal aid can apply for reduced fees. We believe that we have got the balance right. However, the hon. Gentleman must take something up with his own Front Bench. If Labour is criticising the increase in court fees, but refusing to say that it would reverse it in the unlikely event of forming a Government, that smacks of hypocrisy.

Mr. Boateng

Is the Minister aware that court fees are not recoverable as disbursements under the green form legal aid and advice scheme? As they are not, will the Minister review the rules and regulations of that scheme to give at least some help to the poorest litigants? We will review the rules. Will he?

Mr. Streeter

The green form scheme has never reimbursed court fees. It is a system for giving people initial advice not for dealing with litigation, where full legal aid is available. I am surprised that the hon. Gentleman did not know that. I am coming reluctantly to the view expressed by Robert T. J. Brown of Darlington and Parkinson, Solicitors, who wrote to The Guardian on 29 January saying: Paul Boateng displays a shocking combination of ignorance and prejudice.