Crime and Courts Bill [Lords] Debate

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Department: Home Office
Wednesday 13th March 2013

(11 years, 1 month ago)

Commons Chamber
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Oliver Heald Portrait The Solicitor-General
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What I am saying is that the new provision was accepted in the other place, with wide acclaim—the Opposition thought that it was a major move forward—and an agreement about the way forward was established, so it is perhaps wrong for this House simply to say, “Oh well. Let’s nudge it another inch.” If Parliament is prepared to say that there will be a legal duty on those officer holders to take those steps, that seems to me to be a step forward. I do not believe that the right hon. Gentleman, when he was in that great role, would have taken it lightly if Parliament had told him that he must take such steps as he considered appropriate for the purposes of encouraging diversity.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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I do not want to sound repetitious, because I know that this point has been made, but why is what is good for Northern Ireland not also good for the United Kingdom?

Oliver Heald Portrait The Solicitor-General
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Of course, there are unique circumstances in Northern Ireland, as we know, and indeed as we have discussed today in other contexts. The point I am making is that an agreement was reached in the other place on the way forward and I think that we should give it a chance. I agree with the right hon. Member for Blackburn that there has been a disappointing performance since 2005, and I am happy to make it clear from the Dispatch Box that I share his concerns about that. We have tried to do a good deal about it in the Bill. The other point I will make—I do not know how far I can take this—is that we are about to see appointments to the Court of Appeal and to very high positions in the judiciary, and there are some very good candidates who are women, but we will have to see what the outcome will be.

Turning to bailiff regulation, new clause 7 echoes an amendment that was agreed in the other place but later removed from the Bill in Committee. New clause 17 proposes a role for the court in relation to every warrant and provides for the judiciary to compile an annual report on bailiff complaints for the Lord Chancellor to consider. My hon. Friend the Member for South Swindon (Mr Buckland) made a compelling argument on the need for a firm response to the misbehaviour of rogue bailiffs and suggested that one way of doing so would be through the court and its procedures. The Government’s approach, which I will come to shortly, is set out in the response to the “Transforming Bailiff Action” consultation, which was published on 25 January. It sets out the reforms that will tackle what we consider to be the root problems of the complaints about bailiffs. It introduces safeguards for debtors and, equally, allows creditors to collect money they are owed, which I think all parties agree is necessary.

It remains our belief that the package of reforms offers the most effective and proportionate response to the problem of aggressive bailiffs and that it will render unnecessary some of the cost and bureaucracy inherent in the proposals of the hon. Member for Darlington (Jenny Chapman) and the Opposition. It will be a new world, if I may put it that way.

The Government’s reforms centre on part 3 of the Tribunals, Courts and Enforcement Act 2007—the background is one of all-party consensus—and they do six things. They remove antiquated, confusing laws and clarify what the powers of bailiffs are, so those powers will be known. Regulations that we will publish this summer and aim to implement in April 2014 will set out what goods can and cannot be seized. There will also be a clear and fair charging regime. It is iniquitous for a bailiff to turn up at a door to collect three debts and then demand three fees when he has made only one visit.