Clause 29
Tribunals, Courts and Enforcement Bill
2:45 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
First, I should like the Minister to explain clause 29(5), which mentions “wasted costs”, which are
“costs incurred by a party...as a result of any improper, unreasonable or negligent”
behaviour. She will have been contacted by organisations such as the CBI and the Institute of Directors, which are concerned about vexatious claims being brought, particularly in employment tribunals. The vast majority of cases are totally genuine, but some will be vexatious. Does the clause enable the tribunal to award costs against the applicant if the judge decides that the case was, in all circumstances, vexatious, unreasonable and without any proper merit?
Secondly, I should like to ask a question that is appropriate at this stage, because we are talking about costs and expenses, albeit in the context of applicants to the tribunal. The Minister will have seen the note from the Association of Clerks to the General Commissioners of Taxes for Great Britain. The role of the clerk will disappear and these clerks will effectively be made redundant, because the tribunals will be brought into the new Tribunals Service. There is concern that there may not be proper provision for compensation for loss of office. I see you nodding, Mr. Bercow. I hope that I am in order on this matter. This is simply a query for the Minister to consider. Under the changes to the rights of coroners, part-time coroners will be getting compensation when they are made redundant. Why is there no provision for these clerks in the Bill? Has the Minister got something up her sleeve to ensure that they will, at some stage, receive proper compensation for loss of office?