Proceeding contribution from Vera Baird (Labour) 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]
I did not really want to quibble on this subject, but the fact is that if recipients are knowing debtors, as we envisage they will be, if a recorded delivery letter came along, they would probably be very suspicious of it. The point is that we cannot say whether Mrs. X in Great Grimsby knew what the contents of the recorded delivery letter were, but we can say that refusing to sign for the letter is a sure way of thwarting the whole process. It would not allow us to go ahead with the seizure of goods or walking possession, although I thought that everyone in the Chamber, no matter what their party, thought that that was a desirable remedy that should be used—albeit with great care, as we have been at pains to set out. I have dealt with a great many of the other amendments. On amendment No. 26, it is suggested that we should limit the value of the goods to be seized to the value of the debt owed, but that is a difficult line to draw finely. We have said in paragraph 12(1) of schedule 12 that an enforcement agent will take control only of goods that are proportionate to the value of the debt owed, plus any future costs. That seems to us to be the right way forward. Amendment No. 27 would make a distinction between goods seized on the highway and goods seized in other ways. I have already addressed the principle: we think that the measure would just add confusion and would not improve matters. On the issue of abandoned goods—again, this is a concern raised by my hon. Friend the Member for Great Grimsby—the goods have to be sold for the best price. If goods that have been in a legally conducted sale are left unsold, they will be deemed abandoned. That is intended to protect to debtor from an enforcement agent keeping the debtor’s goods indefinitely until they are eventually sold, possibly after many attempts. Amendment No. 3 on information sheets is a Liberal Democrat amendment. We will provide a large amount of information, and the information on the sheet proposed by the hon. Member for North Southwark and Bermondsey (Simon Hughes) is just a very small part of what we will make available. His amendment is, I fear, unclear, but he can rest assured that his aim, which is to ensure that people are entitled to know their rights, will be met. An enforcement agent has to provide a notice before action commences and after entering premises, as the hon. Gentleman knows. That is expressed in schedule 12. Amendment No. 7, which is about legal aid, would insert a requirement that regulations must"““make provision for legal aid to be available where financially necessary””" in all actions that are to be bought in the High Court, irrespective of the merits of the application. We just could not tolerate that; as the hon. Gentleman knows, there are merits and means tests for all legal aid applications, so that would be a great crashing change. I hope that I have reassured hon. Members. We will protect the public and we will ensure that there is good information available to them, so that they know their rights. Part of that process will take place through legislation. I have dealt in detail with most of the amendments in the group, and I hope that hon. Members now feel that they can withdraw them.
Secondary information
- Type
- Proceeding contribution
- Reference
- 462 c415-6
- 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
Librarians' tools
- Timestamp
- 2023-12-15 12:14:03 +0000
- URI
- http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_406398
- In Indexing
- http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_406398
- In Solr
- https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_406398