Court Fees (Hansard, 23 May 2000)

§ 23. Mr. Graham Brady (Altrincham and Sale, West)
If he will make a statement on the level of court fees. [121899]

§ The Parliamentary Secretary, Lord Chancellor's Department (Mr. David Lock)
The Government inherited from the previous Government, and have continued to apply, the principle of full cost recovery, subject to an expanded system of exemption and remission, which the previous Government attempted to remove in its entirety for the Supreme Court and severely limit for family proceedings and the county court. This means that in the present year, £326 million of the £362 million that it costs to run our courts is expected to be recovered from fees.

§ Mr. Brady
I thank the Minister for his response. Is he not concerned that rising levels of court fees will deny access to justice to many people, and that the charges probably hit hardest those who are least able to pay and who most need the protection of our justice system? What will the Government do to put the situation right and ensure proper access to our legal system for all citizens?

§ Mr. Lock
The Government have expanded the area of remission and exemption for those who cannot afford to pay. That means that more people are able to access courts without having to pay fees. The truth is that it is lawyers' fees and costs, not court fees, that prevent people from getting access to justice.

§ Mr. Michael Jabez Foster (Hastings and Rye)
May I tell my hon. Friend how welcome it is that some people can now obtain a waiver or remission of fees because of their modest means, and how helpful they find it? May I suggest that the notional fees that are waived should be added to the cost of a successful action, so that at least defendants do not benefit from their opponents' lack of funds?

§ Mr. Lock
I am grateful to my hon. Friend for that helpful and constructive suggestion. He is right about the effect of exemptions and remissions. As for his interesting suggestion, I undertake to consider it carefully. I can see that it has some merit; I will write to him about it and put a copy of my answer in the Library.

§ Mr. John Burnett (Torridge and West Devon)
I am told that there was a surplus of court costs over court fees for the year 1997–98. Will the Minister tell the House how much that surplus was, what happened to it and what he believes should have happened to it?

§ Mr. Lock
In the past financial year, income fell well below profile—by approximately £8 million. From recollection—I shall write to the hon. Gentleman if I am wrong—only once in the past five years has the amount of fees exceeded the amount anticipated, but that was not a surplus, because there is a system of remissions and exemptions. In the single case where a slight overestimate was made, it amounted, I think, to a few hundred thousand pounds, which, in the context of an overall cost of more than £300 million, is a small sum. The true position is that if the amount of fees recovered exceeds the cost of running the courts, we should reduce the fees.