§ Sir John WheelerTo ask the Secretary of State for the Home Department what proposals he has to increase fees for civil proceedings in the magistrates courts.
§ Mr. John PattenI have today laid before Parliament a draft order varying the fees now prescribed in part I of schedule 6 to the Magistrates Courts Act 1980. The increases proposed are in many cases substantial because the present fees have not been varied for a substantial number of years and fall far short of recovering the full economic costs of the services provided in accordance with general Government policy on fees and charges. It is our intention that the new fees should be kept under regular review in future to avoid the need for major variations of this kind.
We recognise the need to ensure that access to magistrates courts is not closed off for financial reasons, and the draft order therefore makes it clear that no fees are chargeable from any person who is a legally assisted person within the meaning of section 2(11) of the Legal Aid Act 1988 or is in receipt of income support or family credit. Nor do the new fees affect the discretion of magistrates courts to remit fees conferred by section 138 of the Magistrates Courts Act 1980 where they judge this to be appropriate.
We have also taken the opportunity to simplify the current schedule of fees and to abolish those which are no longer in general use.