What’s happening with the Probate Fees order?

The status of the EW probate fee order is the same as it has been since February – it is still waiting for its final stage. As it was not scheduled for debate next week, ie w/c 13 May, it will not be possible to bring the new fees in before June.

Following last week’s Business Questions (where the future parliamentary business is set out) there has been a slight change of tone from the government on scheduling the order. In answer to a question, the Leader of the House of Commons, Andrea Leadsom, said the order had already been debated in committee and an approval motion would be brought in due course. Previously she had said ‘where a reasonable request for a debate has been made, time should be allowed for that debate’.

This may mean the government will actively try to avoid a full debate in the House of Commons. Labour seems keen to bring it to a vote and has raised it at a few business questions.

Parliament is due to have its Whitsun Recess from 23 May to 4 June 2019, so that will further limit opportunities to bring the order to the House of Commons. The summer recess date has not yet been announced and will likely depend on the Brexit negotiations, and whether a deal can be passed (the last two summer recesses have started in late July, which may be a guide).

The summer recess will mark the end of the parliamentary session, and whilst secondary legislation not passed before this point is usually abandoned it can be brought back in the following session.  

There are rumours that Theresa May is not planning to hold a substantive Queen’s Speech at the opening of the next session, which would mean there would only be a limited programme of legislation for the government and it would be easier to find time to fit it back in. However, the government may try to bring the order to its final stage before the summer recess.

Daniel Nesbitt, Policy Executive, STEP 

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