New court structure?

The government is considering handing over the running of the courts and tribunal system to an “independent public interest corporation”.

In a letter sent to judges this week, Justice Secretary Chris Grayling, the Lord Chief Justice Lord Judge and the senior president of tribunals Sir Jeremy Sullivan say: “A variety of difficult decisions will be required as to the appropriate level at which fees are set and about how best to deliver access to justice and value for money for the taxpayer.”

They are considering “whether the current structures could be transformed” or “whether an alternative structure, such as a more independent public interest corporation, would better ensure a sustainable future”. The aim would be “to ensure adequate investment and where consistent with the administration of justice, options to generate and retain additional income and capital for investment”.

However, they pledge not to erode the constitutional principles underpinning the administration of justice.

They state: “We are not and will not be exploring any options which will involve shareholders, the making of a profit or surplus or contracting out or profit-making on the basis of judicial and linked administrative functions, other than for the exclusive purpose of investing any surplus into the administration of justice.

“No replacement organisation for HMCTS would be contemplated unless it was a body operated solely in the public interest.”

In May, the Ministry of Justice denied it had plans for the “wholesale privatisation” of the courts and tribunals service. In March, Grayling said the MoJ was looking for ways to “raise the revenue and investment” necessary for modernisation.