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Proceeding contribution from Simon Hughes (Liberal Democrat) in the House of Commons on Wednesday, 27 June 2007. It occurred during Debate on bill on Tribunals, Courts and Enforcement Bill [Lords].


Tribunals, Courts and Enforcement Bill [Lords]

My hon. Friend the Member for Cardiff, Central (Jenny Willott) and I tabled new clauses 2 and 4 and amendment No. 5, but I am conscious that other new clauses and amendments were tabled by the hon. Member for Great Grimsby (Mr. Mitchell). [Interruption.] I beg his pardon—that was an aberration; I was looking for him in the wrong place. We have all been a bit thrown by the events of the past 24 hours, so I apologise. I am also conscious that for the next hour or two, great attention will be probably paid to the activities of the state elsewhere, and not here. None the less, these are important matters, and I am grateful for the opportunity to come back to them. Our new clauses relate to the important part of the Bill about the enforcement of court orders that was much discussed on Second Reading and in Committee. In particular, I refer to the enforcement of control orders by taking control of goods, and to the activities of bailiffs. They have a perfectly proper job to do, but they can become tyrants to the poor and the dispossessed. A regular theme of our debates has been to try to ensure that that this set of provisions in the Bill does not come into force until there is a registration scheme for bailiffs. That is the burden of new clause 2. The Minister has been helpful in this respect, and I pay tribute to her for that. In Committee, she confirmed that the application of the Bill will be delayed until it can be placed in the context of the system for proper registration that exists under earlier legislation dating from the Private Security Industry Act 2001. I am grateful to her for that. To be honest, I must explain that the new clause is the rerunning of the argument about whether what she said should appear on the face of the Bill. The proposal is to put such a provision into the Bill, to lock into place the undertakings that she gave without equivocation or qualification earlier in the Bill’s passage. I do not want to be confrontational, because there has been a coming together and the Bill has made significant progress on a matter that was controversial. My hon. Friend the Member for Cardiff, Central and I expressed concerns in different ways that reflected our constituency experience and the wider knowledge that we need to make sure that the bailiff and enforcement agency industries are properly regulated. New clause 2 was tabled to that end. New clause 4 is a specific proposal that would require those who do enforcement work to be identifiable by wearing some form of uniform or having other identifying characteristics. Again, this is not new territory and the new clause is self-explanatory. It says:"““All enforcement agents, both private and Crown-employed, must at all times wear such uniforms or other means of identification as shall be prescribed.””" It does not goes into detail—one would not expect it to—as to what the uniform should be, but it would make it clear that people must be able to recognise the enforcement agents. Many agencies do such work, so if we are not careful, people will appear at people’s doors and they will not be obviously identifiable. They do not appear in police uniform or, necessarily, in any other recognisable uniform. Therefore, someone on the receiving end may not know that a document, letter, card or pass signifies with any authority what the person is there for. We are trying to find a way of making sure that the citizen can understand that when people have particular powers to enter a property to take possessions—the sort of powers that are regarded as powers of the state or powers that the state gives to other people—those powers cannot be abused. Citizens should understand their rights in the real world, in which the poorest are often those who face the most oppressive debt. They are most harassed by such activity and find it troubling, and it can lead to the most severe consequences. Personal debt has gone through the roof, and many more people have hire purchase agreements, get into terrible trouble with their credit cards and finances and face huge interest rates. In the end, people may come to enforce the agreement, which legally in contract they may be entitled to do, but without the citizen knowing about it. The Minister has been sympathetic to the concerns that have been expressed, and I am glad that this is not an issue of fundamental controversy. There are many people at the bottom of the income scale in her constituency and mine, and in that of the hon. Member for Great Grimsby. The new clause says that there should be a means by which the enforcer can be identified. Amendment No. 5 deals with the commencement date for chapter 1 of part 3. It is linked to the new clause and would defer the commencement date until we know that we have the other security in place. It is tied to the first point that I made, and I think that it is covered by what the Minister has said. The provision would be locked into statute, because we are keen that we should come out of Report and Third Reading with everyone clear that no additional powers will be given to those doing enforcement work, unless there is a proper regulatory system. Before I sit down, Mr. Deputy Speaker, it may be helpful to you, the Clerk, and my colleagues if I say that I do not think that there is now much disagreement on new clause 2. There may still be an issue with new clause 4. If so, I would be grateful if we could press new clause 4 to a Division, although I am conscious that that may come at a different stage in the proceedings.


Secondary information

Type
Proceeding contribution
Reference
462 c348-50 
Session
2006-07
Chamber / Committee
House of Commons chamber
Subjects
Administration of justice Debts Artworks Debt collection Courts martial Fees and charges Enforcement Legal aid scheme Judiciary Judges Law Commission Pay Public appointments Park homes Tribunals Regulation Retirement Uniforms
Legislation
Tribunals, Courts and Enforcement Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk