Written question asked by John Battle (Labour) on Thursday, 30 October 2008, in the House of Commons. It was due for an answer on Monday, 3 November 2008. It was answered by Bridget Prentice (Labour) on Monday, 10 November 2008 on behalf of the Ministry of Justice.

Debts

Question: To ask the Secretary of State for Justice what plans he has to review the eligibility criteria by which indebted individuals can apply for a debt enforcement restriction order; and if he will make a statement.

Answer: The enforcement restriction order (ERO) is set out in Chapter 2 of Part 5 of the Tribunals Courts and Enforcement Act 2007. It is currently expected that it will be introduced in 2010. It was developed following extensive consultation with the advice and credit sectors. It is intended specifically to support only those debtors who encounter unforeseen short-term difficulties from which they are likely to recover in a relatively short period. Other options, such as the reformed Administration Order (AO), which is contained in Chapter 1 of Part 5 of the Tribunals, Courts and Enforcement Act 2007 exist for those with more long-term problems. There are no plans to review the underpinning eligibility criteria at this time.However, earlier this year Her Majesty's Court Service consulted on certain aspects of the administration and enforcement restriction order schemes, including the types of debts that should be able to be protected. The response to the consultation paper: 'Administration and Enforcement Restriction Orders: Setting the Parameters', will be issued shortly.

Secondary information