Equalities, Human Rights and Civil Justice Committee

Meeting date: Tuesday, June 28, 2022

Official Report 652KB pdf

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Subordinate Legislation

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Justice of the Peace Court Fees (Scotland) Order 2022 (SSI 2022/179)

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Sheriff Court Fees Order 2022 (SSI 2022/181)

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High Court of Justiciary Fees Order 2022 (SSI 2022/182)

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Sheriff Appeal Court Fees Order 2022 (SSI 2022/183)

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Adults With Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2022 (SSI 2022/184)

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Court of Session etc Fees Order 2022 (SSI 2022/185)

Welcome to the 21st meeting of the Equalities, Human Rights and Civil Justice Committee in 2022. Our first agenda item is consideration of six negative instruments. I refer members to paper 1. Do members have comments on any of the instruments?

I am concerned that the instruments will increase the cost of accessing justice by 2 per cent in July and a further 2 per cent next April, at a time when disabled people are facing extreme cost of living increases. Some evidence that was submitted to the consultation on the increases highlighted that the exemptions and disregards for some income, including for disabled people, are not sufficient to ensure access to justice and protect against poverty. Therefore, I am concerned about the increases and note the concerns of organisations including Inclusion Scotland and Citizens Advice Scotland.

Can we raise the matter with the Minister for Community Safety when we see her in September—if that is when she is coming—or write a letter? There are two issues: the uplift and the threshold limit. It would be helpful to have conversations with the minister about those—although obviously not for the July uplift but in advance of April’s.

I would like clarification about the exemption from court fees for people who are in receipt of personal independence payment and adult disability payment with a gross annual income of £20,592. We also need clarification about the impact of inflation. Reference is made to that, but perhaps the inflationary pressure should be considered sooner rather than later.

We can discuss those matters in private and agree to write to the minister or ensure that we see her early in September. There is no scope for getting her in front of us today because the negative instruments come into force, but any member who wants to take further action can discuss that with the clerks. There is a parliamentary process for that.

That said and those points having been put on the record, are members content not to make any recommendation to Parliament on the instruments?

Members indicated agreement.

That concludes consideration of the Scottish statutory instruments. We will suspend briefly.

10:03 Meeting suspended.  

10:06 On resuming—