Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, I have listened carefully to the case made by the noble Baroness, Lady Lister, in support of this amendment. I am also aware of the arguments made by Citizens Advice and the Z2K Trust. There are essentially two issues as regards the amendment. The first relates to the current law relating to the power to withdraw warrants for non-payment of fines, which has not been particularly explored in these discussions but to which I will return. The second relates to the practice of bailiffs enforcing those warrants particularly against fine defaulters, especially those who may be considered to be particularly vulnerable. I understand the concerns that many people have about bailiffs enforcing warrants. However, many people are concerned at the level of fines that remain unpaid. There is a balance to be struck between the need to have an effective way to collect unpaid fines, and therefore to enforce the orders of the court, and the need to allow for some flexibility in the treatment of fine defaulters. The national standards for enforcement agents were revised last month. They set out specific standards—for example, for dealing with vulnerable and socially excluded people—and I hope that the noble Baroness has seen them. It includes a list of those who may be potentially vulnerable, including the elderly or people with a disability or where someone has a difficulty in understanding English. In addition, the contracts with bailiffs include several conditions relating to their behaviour and treatment of vulnerable people. The Government remain of the view that the national standards, guidance and contractual arrangements are the best and most effective way to ensure the appropriate use of enforcement powers. With regard to the first issue under the amendment, which relates to the legal powers to suspend or withdraw warrants, the Government think that this area deserves further consideration. We do not think that there is any doubt that a court has the power to suspend a warrant that it issues but there is at least an ambiguity about the question of whether a court or a fines officer can withdraw or suspend a warrant issued by a fines officer. I am willing therefore to take away these points and to consider whether there is a need for a change to the primary legislation and whether that change can be made in this Bill or at a later stage. In the light of that, I hope that the noble Baroness will withdraw her amendment.