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An inquiry into court and tribunal fees has been launched by the Commons Justice Select Committee, with a specific emphasis on whether access to justice has been affected through the introduction of fees. There are noticeable differences between the Commons Justice Select Committee Inquiry and the internal fee review carried out by the Ministry of Justice (MOJ).
The Select Committee is made up of 11 cross-party MPs, in comparison, the MOJ internal review is being undertaken by MOJ civil servants. It appears that the Select Committee is taking evidence from external bodies, including court/tribunal users whereas the MOJ internal review is not. Moreover, the Select Committee’s terms of reference are considering the courts and tribunals generally, while the MOJ internal review only looks to focus on the impact of employment tribunal fees.
Finally it would appear that whilst of the MOJ internal review’s terms of reference includes an assessment of whether the fees regime has successfully transferred costs from the taxpayer to tribunal users, The Select Committee has not considered this objective.
Comment
"This is a welcome announcement in the sense that the Select Committee will take evidence from external bodies. There was criticism of the MOJ review when it was announced, as it seemed it was only going to be an internal review. Receiving feedback from users of the tribunal system is critical and, while it may not necessarily mean there will be sensible reform of the fee system, at least there is a better chance with a more well-rounded inquiry," says Employment Associate Paul Burton.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
