Clause 42

Tribunals, Courts and Enforcement Bill

Public Bill Committees, 15 March 2007, 3:00 pm

Fees

Question proposed, That the clause stand part of the Bill.

Photo of Henry Bellingham

Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)

I shall be brief. I mentioned vexatious applicants earlier, when we discussed the section relating to costs and expenses. I presume that I ought to have raised that point under clause 44, but I seek clarification that the judge can award costs against  a vexatious applicant. The clause mentions fees, which are presumably fees that can be charged to applicants. Will the Minister clarify that?

Photo of Vera Baird

Vera Baird (Parliamentary Under-Secretary, Department for Constitutional Affairs; Redcar, Labour)

This is, I think, about fees and not costs. It is about paying the court fees, so possibly the hon. Gentleman is just a tad off target again.

Photo of Simon Hughes

Simon Hughes (Shadow Secretary of State for Constitutional Affairs & Shadow Attorney General, Constitutional Affairs; North Southwark & Bermondsey, Liberal Democrat)

When will the fees that are provided for in the clause be published and what consultation will there be about the publication of the new fees under the new system?

3:15 pm
Photo of Vera Baird

Vera Baird (Parliamentary Under-Secretary, Department for Constitutional Affairs; Redcar, Labour)

I cannot give the hon. Gentleman a date of publication. The fees will be published in due course. What is important for the hon. Gentleman to know is that there is no intention of permitting them to impede access to justice. I am not sure what consultation is required in relation to fees, but I shall write to him about that.

Photo of Simon Hughes

Simon Hughes (Shadow Secretary of State for Constitutional Affairs & Shadow Attorney General, Constitutional Affairs; North Southwark & Bermondsey, Liberal Democrat)

I am grateful. I merely say that it would be helpful if there were the same system for assessing the amount that one might pay or for which one might receive an exemption or a reduction, as is the case in other situations. That way, people would not have to deal with different forms for tribunals from those with which they have to deal in other parts of the legal process.

Photo of Vera Baird

Vera Baird (Parliamentary Under-Secretary, Department for Constitutional Affairs; Redcar, Labour)

There is no intention of having any different priority from that which applies generally in the courts service. The Government do not believe that fees should be charged if they are likely to cause financial hardship. Affirmative resolutions would be needed before fees could be charged for the first time in respect of any matter, so there will be ample opportunity to discuss them if necessary.

Question put and agreed to.

Clause 42 ordered to stand part of the Bill.

Clauses 43 and 44 ordered to stand part of the Bill.