Proceeding contribution from Lord Kingsland (Conservative) in the House of Lords on Thursday, 14 December 2006. It occurred during Debate on bill and Committee proceeding on Tribunals, Courts and Enforcement Bill [HL].
Tribunals, Courts and Enforcement Bill [HL]
moved Amendment No. 123: 123: Clause 88, page 54, line 36, leave out paragraph (a) The noble Lord said: This is a relatively short point which concerns Clause 88 and its relationship to Clause 87. Under Clause 87(1), a person who is the creditor in relation to a judgment debt may apply to the High Court or a county court for information about what kind of action it would be appropriate to take in court to recover that particular debt. Clause 88 (1) states: "““This section applies if the creditor in relation to a judgment debt makes an application for information under section 87””." Clause 88(2)—and here I come to the point—says: "““The relevant court may make one or more of the following in relation to the debtor. . .a departmental information request””." As I understand it, a creditor may ask the court—whether the High Court or the county court—whether to rely on information from a government department about the financial status of a debtor. If that is so, what protection is provided to a debtor in terms of the information in the relevant department, and what constraints there are on the relevant department being able to communicate with other departments in the government system? This plainly raises questions about confidentiality of information. I think I have made my point; I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 687 c123GC
- Session
- 2006-07
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Complaints Conditions of employment Appeals Courts Administration of justice Administration Assets Debts Cultural heritage Debt collection Certification Arrears Attachment of earnings Fees and charges Licensing Enforcement Eligibility Judiciary Exemptions Households Functions Judges Income Landlords Ownership Powers of entry Membership Public appointments Payments Museums and galleries Loans Staff Lord Chancellor's Department Non-departmental public bodies Tribunals Regulation Tenants Rents Sequestration of assets Council on Tribunals Administrative Justice and Tribunals Council
- Legislation
- Tribunals, Courts and Enforcement Bill (HL) 2006-07
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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