Oral question asked in the House of Commons, by David Kidney (Labour). It was answered on Thursday, 27 April 2006 on behalf of the Solicitor General.

Bona Vacantia

Question: Does my hon. and learned Friend agree that when the provision affects the property of individuals or limited companies, it applies like a tax at a rate of 100 per cent.? If individuals are affected adversely by its application—no doubt like those involved with the 488 payments he mentions—they have to beg a faceless official to give them relief. They rely on the official's discretion to get that relief. Is not the obscurity and opacity of the whole system summed up by the fact that the Latin name is still being used today? Would he like to be the Minister who modernises the system and makes it fair and predictable?

Answer: Although the Treasury Solicitors administer bona vacantia, the policy in relation to it is a matter for the Department for Constitutional Affairs. The current arrangements for making discretionary payments are flexible and, by and large, seem to work relatively well. They were recently revised and updated, and are kept under constant review to make sure that they reflect changes in society and enable people to get what they are entitled to more easily. Of the 488 cases, 238 involved people claiming estates to which they were legally entitled, after the Treasury Solicitor had administered them. The decisions were not entirely discretionary. The rules are rather old, but by and large they work, because they have been updated over time.

Secondary information