Privatised court service fears

The Ministry of Justice (MoJ) has moved to quash speculation that it plans to privatise the courts service.

Private companies could take over court buildings and staff, saving the Treasury £1bn per year, according to press reports this week. According to The Times, the independence of the courts would be preserved by a Royal Charter, and judges and magistrates would not be affected. Hedge fund investment would be encouraged and extra funds would be generated by hiking fees for wealthy litigants.

Chancellor George Osborne confirmed this week that the MoJ is one of several departments that have agreed to cut a further 10% from their budget.

Justice Secretary Chris Grayling said in a statement to Parliament in March that he was looking at ways to provide a “more efficient service”, and wanted “to ensure that those who litigate in our courts pay their fair share”.

An MoJ spokesman says: “We have always said we are determined to deliver a courts system that is more effective and efficient and provides improved services for victims and witnesses.

“The proposals being considered are not the wholesale privatisation of the courts service. We are committed to the firm, fair and independent administration of justice.”

Francesca Kaye, president of the London Solicitors Litigation Association, says: “While the proposals seem not to affect the judiciary, they belie a naïve understanding of how our courts work.

“As a result of changes in functions and cuts, many senior court staff take on quasi-judicial functions on a daily basis. Under proposals as seen, these people will be working for private companies, eroding their current independence and putting the integrity of the court system at risk. There is real scope for conflict of interest here.

“The record to date on privatisation of some court functions is woefully poor. The privatisation of the court interpreters service has been a disaster—far from delivering improvements, we have seen ongoing failings and problems.”

A Law Society spokesman says: “Improving the way the courts are run inside the public sector would produce real benefits to the taxpayer and citizen, rather than adding to the profits of private operators.”