Budget plans to raise court fees should target multibillion dollar cases – but tread lightly on services such as the family courts, the Opposition charged.

Scott Pearman, the Shadow Minister of Legal Affairs, spoke yesterday in the wake of revelations by Kathy Lynn Simmons, the Attorney-General, that there had been a 25 per cent surge in child court cases seen last year.

Ms Simmons told the House of Assembly during the Budget debate on Monday that the “sensitivity and complexity have increased” with the family courts.

She said there had been a “monumental” rise in child cases in 2022 – much of it from the number of juvenile and matrimonial cases filed.

Mr Pearman responded that in 2019 he had suggested using the island’s commercial courts to raise more revenue.

He also noted recent remarks by Cindy Clarke, the Director of Public Prosecutions, that there was a need for increased funding to prop up Bermuda’s criminal justice system.

But Ms Simmons told MPs on Monday that the DPP would be “satisfied” with the latest Budget.

“Items that were not funded last year are funded this year.”

Ms Simmons also said that salaries in the judicial system needed to better reflect the nature of the work entailed – or good candidates would pick better-paying employment.

“We train them, but we can’t keep them,” she added.

The Attorney-General said there were “better days to come” and told MPs: “I am pleased to report that a concerted and organised effort is being made to up the ante.”

In the aftermath, at a One Bermuda Alliance press conference, Mr Pearman maintained the Budget debate for Legal Affairs “shows very clearly how a new OBA Government would do things differently to fix Bermuda’s problems”.

He reiterated the suggestion for a “tiered system for court fees in our commercial court”.

“Under this OBA proposal, expensive commercial cases will pay larger court fees to match the higher value of commercial claims.

“This OBA solution would raise much needed revenue for Bermuda’s struggling justice system.”

Mr Pearman said the Progressive Labour Party “did not disagree” but that the party “needs to deliver, or get out of the way”.

He said the criminal and family courts were underfunded and needed more support.

“If you’re doing a multibillion dollar piece of litigation, the cost of that summons should be linked to the value of that claim,” Mr Pearman said. “That’s what the UK has done for years.”

He said support agencies such as the Department of Child and Family Services were “woefully underfunded” and that a lack of funding mired courts in delays.

Mr Pearman added that the PLP had “simply failed to deliver, repeatedly, for four years”.

Download PDF File

Pearman Budget Remarks.pdf

• To read Scott Pearman’s post-Budget remarks in full, click on the PDF under “Related Media”.