On Amendment No. 218, we understand the point made by the noble Lord, Lord Greaves, that enforcement proceedings need to be effective. However, the amendment would mix up civil and criminal proceedings in a way that we do not believe is either necessary or desirable.
County courts have sufficient powers to enforce their judgment and orders, and failure to comply with an order to remove works would be punishable as contempt of court. It is unnecessary to create a criminal offence as well. We have similar views on Amendment No. 218A. Where a court order requires a person to take action and the person fails to do so, that is a matter for the court to resolve and there are established procedures to do so.
We therefore do not agree that an applicant for a court order should have the powers proposed by the amendments. The county courts are not appropriate bodies to determine the guilt of persons concerned with criminal offences. With those assurances, I hope that the noble Lord will feel able to withdraw his amendment.
Commons Bill [HL]
Proceeding contribution from
Baroness Farrington of Ribbleton
(Labour)
in the House of Lords on Monday, 14 November 2005.
It occurred during Debate on bills
and
Committee proceeding on Commons Bill [HL].
Type
Proceeding contribution
Reference
675 c265-6GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
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2024-04-22 02:24:30 +0100
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