Justice Committee, 24 Mar 2009

Meeting date: Tuesday, March 24, 2009

Official Report 142KB pdf

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Subordinate Legislation

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High Court of Justiciary Fees Amendment Order 2009 (SSI 2009/87)<br />Court of Session etc Fees Amendment Order 2009 (SSI 2009/88)

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Sheriff Court Fees Amendment Order 2009 (SSI 2009/89)

Good morning, ladies and gentlemen. I remind everyone that mobile phones should be switched off. Unfortunately, one member of the committee has been held up, but there should be a full turnout.

Agenda item 1 is subordinate legislation. The committee will consider three negative instruments: SSI 2009/87, SSI 2009/88 and SSI 2009/89. The Subordinate Legislation Committee has drawn the committee's attention to the statement made in the Executive notes associated with each of the orders that steps have been taken to ensure that those in receipt of a new form of benefit—income-related employment and support allowance—that was brought into force on 27 October 2008 under the Welfare Reform Act 2007, would be entitled to the fee exemption concerned with effect from that date, although the fees legislation provides for such an entitlement only from April 2009.

I welcome Gordon Wales, who is director of operational support at the Scottish Court Service. He has been invited to answer any questions.

I will open the questioning. What was your authority in acting as you did?

When the Minister for Community Safety and Scottish Court Service officials appeared before the committee in June last year, we alluded to the fact that the new benefit would be brought in later on that year, but the timing of the details around the allowance was such that it did not allow us to act then or in advance, in October. We knew at that stage that we would be late in bringing further orders to the committee.

There were two other main reasons why we wanted to make changes to the fees orders. The first was to make provision for the increase in the income level threshold for tax credits, which takes effect in April. The second relates to the introduction of European small claims legislation from January this year.

There were therefore three substantive reasons why we needed to change the orders. We thought that it would be expedient for the Parliament, and administratively expedient, to bring the orders together in one place while ensuring that we allowed the provisions on the new benefit to apply from October last year.

Should not the matter have come before the committee earlier?

Indeed. Ideally, it would have come to the committee beforehand, but unfortunately the timing of the provisions relating to the allowance was such that it did not allow us to bring it before the committee in October last year. You are right. As I say, in an ideal world, we would have brought the matter to the committee beforehand.

But nobody has lost anything; in fact, the reverse is true.

Indeed. We were mindful of the comments that the committee made in June last year about access to justice, and we wanted to make absolutely sure that no one would fail to get access to justice because of the administrative procedures that our organisation must go through. Therefore, we made provision in leaflets and guidance in the courts for all applicants in receipt of income-related employment and support allowance to be entitled to the fee exemption. Everyone who was entitled to an exemption has been provided with it.

As there are no more questions, are members content to note the orders?

Members indicated agreement.

I thank Mr Wales for his attendance.

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Police Grant (Scotland) Order 2009 <br />(SSI 2009/80)

Agenda item 2 is consideration of two further negative instruments, the first of which is SSI 2009/80. The Subordinate Legislation Committee raised no points on the order. Are members content to note it?

Members indicated agreement.

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Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2009 <br />(SSI 2009/81)

The Subordinate Legislation Committee raised no points on the instrument. Are members content to note it?

Members indicated agreement.

I suspend the meeting. We will resume shortly to consider the Sexual Offences (Scotland) Bill at stage 2.

Meeting suspended.

On resuming—