Justice Secretary Chris Grayling plans to privatise courts in bid to save £1bn a year

 
Plan for privatisation: Justice Secretary Chris Grayling
28 May 2013

The courts system in England and Wales could be privatised in the most fundamental change in the administration of justice for 800 years.

Plans for £1 billion-a-year savings have been drawn up, including selling off the court service and control of the court buildings and taking 20,000 staff off the public payroll.

Private companies would then be free to charge larger fees from commercial litigants and attract investors. However, the position of judges or magistrates would not be affected.

To ensure the judiciary’s continuing independence, Justice Secretary Chris Grayling is considering a Royal Charter, similar to the proposed regulation of the Press.

Mr Grayling is said to be a strong supporter of privatisation and options are set to be detailed within a fortnight leading to implementation this autumn.

His department is required to impose cuts of £2.5 billion before the next general election despite a commitment to build new prisons.

Mr Grayling told the Commons he stood behind the rule of law but added: “We need to look at the way we deliver services to provide a more efficient service that delivers access to justice quickly and effectively while delivering value for money for the taxpayer.” The plans have attracted fairly widespread support for charging wealthy commercial litigants more for using the courts.

There is also backing for making criminals contribute to the cost of courts, in addition to the victims’ surcharge imposed at magistrate court level.

But leading figures have strong reservations about the concept of privatising and warn of the dangers to the independence and reputation of British justice.

Former Lord Chancellor Lord Falconer said: “I am not in favour of privatising the courts. They should not be beholden to any private provider because the courts have to be independent of every interest.”

Maura McGowan QC, chairman of the Bar Council, said the plan was “extraordinary and fundamental”.

She added: “Courts are so much part of the justice system that they ought, in a proper society, to be administered by government as a public institution just like the health service.”

A Ministry of Justice spokesman said: "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."

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