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Family Proceedings Fees (Amendment No. 2) Order 2005 Magistrates’ Courts FeesOrder 2005

My Lords, I am grateful to the Minister, who has done his best on an impossible task. Speaking for myself, I can say that my concerns are by no means assuaged. Clearly, there are very serious burdens particularly on those involved in family litigation in the family court or the magistrates’ courts. The Minister said that 5 million people are exempted from having to pay fees because they receive means-tested benefits. That figure of 5 million represents not much over one-tenth of the adult population of this country. It is also true that a large-ish proportion of that 5 million are likely to be pensioners who are the least likely to be affected by proceedings in the family courts. It is plainly a serious burden for those on middle incomes, not just on the lowest incomes, who get involved in family litigation, which is particularly painful. I have no particular concern with the principle that, in general, those involved in civil litigation should pay a fee that represents the recovery of the costs of their litigation to the court system. But when it comes in particular to family cases the situation is very different. These are particularly painful. They are particularly important to the people involved, and there is an exceptionally strong case for saying that fees should be kept at a level that will be acceptable to those with average incomes, and not only to those on means-tested benefits. It would protect those people from unacceptable fee levels. So there is a very strong case for saying that there should be an element of subsidy in the cost of court fees in these cases. Having said that, for the reasons that I gave before, I have not sought to press the Motion, as that would involve setting aside the new fee orders, and I beg leave to withdraw the Motion. Motion, by leave, withdrawn.