Government looking to price vulnerable out of justice system - Foster

12.16.59pm BST (GMT +0100) Tue 26th Jun 2007

People looking to appeal against local authority licensing decisions could see the cost increase by 1500% under new Government proposals.

Currently, somebody looking to lodge an appeal would have to pay £25 in court fees, but the Government is considering increasing the cost to £400, after consultations that closed yesterday [Monday].

Legal aid is not available in such cases, making it even more difficult for some people to lodge an appeal.

Bath's MP and Liberal Democrat Shadow Secretary of State for Culture, Media and Sport, Don Foster has written to the consultation team to express his opposition to the proposal.

Commenting, he said:

"This dramatic increase effectively leaves the least well off in our society without access to justice and the right of appeal.

"Somebody looking to appeal against a nightclub in their street getting a late licence could be priced out of the system."

"How anyone can think a 1500% increase is an acceptable reform of the current system is quite simply beyond me.

"Is this what Tony Blair meant when he said there should be access to justice for all who need it?

"I urge people to follow my lead and protest against this outrageous hike in costs."

Notes:

(1) The Government is currently consulting on a plan to increase court fees for those appealing against a local authority licensing decision from £25 to £400.

The consultation closed on 25th June.

Civil Court Fees Consultation Paper (2/4/2007) - Chapter 4, paragraphs 6-10.

<http://www.dca.gov.uk/consult/civilcourt-fees/cp0507.pdf>

(2) Don Foster's letter sent to the Civil Court Fees consultation team:

I read the Civil Court Fees Consultation Paper with interest and am pleased to have the opportunity to respond in my capacity as Liberal Democrat Spokesperson for Culture, Media and Sport.

I am sure that during the passage of the legislation, the Liberal Democrats will come forward with constructive amendments to take forward the debate, but that we will be equally supportive where there is strong agreement. At this stage, however, I would like to highlight one major concern I have regarding Chapter 4, Sections 8-10 of the consultation paper, and the particular question I address here is Q20.

At present, it is my understanding that if an interested person wishes to appeal against a local authority licensing decision, that person is charged a fee of £25. The proposals outlined in the Civil Court Fees Consultation Paper suggest that this fee be increased to £400 (broken down into a non-refundable charge of £100 for initial consideration of the application, and a further £300 if the court states the case).

I am deeply concerned at this dramatic 1500% increase in fees. The Liberal Democrats strongly believe that justice should be open to all, and that the appeals process should be as accessible as possible to all those who feel aggrieved by a local authority decision. I am particularly worried that such a significant increase will have the effect that individual members of the community who would otherwise seek appeal of a licensing decision will be deterred from doing so.

Given that legal aid is not available for individual plaintiffs in cases such as these, I fear that those who are most vulnerable in society may be disproportionately affected by the proposed changes, and discouraged from using a legal system that ought to address their concerns.

May I also add that this proposed fee increase does not seem to tally with Tony Blair's desire, as outlined in his letter to Lord Falconer (15/05/06), that reforms to the justice system should provide "access to justice for all who need it". My concern is that the proposed fee increase, in conjunction with a lack of legal aid provision, may reinforce existing inequalities by establishing financial barriers in the justice system, and so lead to greater exclusion.

I hope my comments here are helpful and eagerly await the outcome of the consultation.

Don Foster MP

Liberal Democrat Spokesperson for Culture, Media and Sport

(3) Tony Blair's letter to Lord Falconer 15/05/06: Letter to Lord Falconer <http://www.pm.gov.uk/output/Page9458.asp>

"You should implement legal aid reforms which ensure an effective, fair system that gives the taxpayer value for money and provides access to justice for all who need it."