I begin by saying that the wording applies only to county court bailiffs; that is, those employed in the public sector. My understanding is that it is an important aspect of dealing properly with anyone who is behaving inappropriately and therefore liable for damages. I do not see it as trying to address the issue the noble Lord mentioned of the wrong kind of incentive to sort out the debt and get the goods. I saw it the other way up: it would ensure that if they did something inappropriate, the aggrieved person would have a right to complain to the court and then get damages because the court could say, ““This was a very wrong thing to do””. That should include neglect, connivance or omission in something that the bailiff did.
I need to take this away and look at it again, but on the basis on which I have considered this issue—I am not getting any help here, so I hope I am right—the question is actually the other way around from the way in which the noble Lord is seeking to deal with it. The note I have just been handed is the same as what I already have. I will come back to the noble Lord.
Tribunals, Courts and Enforcement Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Thursday, 14 December 2006.
It occurred during Debate on bills
and
Committee proceeding on Tribunals, Courts and Enforcement Bill [HL].
Type
Proceeding contribution
Reference
687 c109GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
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Timestamp
2023-12-15 12:49:38 +0000
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