I shall speak briefly in support of a probing proposal, my new clause 17. I listened carefully to the speech made by the hon. Member for Darlington (Jenny Chapman), and I entirely share and sympathise with the thrust of her argument: we do need to make sure that the regulation of the behaviour of bailiffs is not just about certification; and the continuing behaviour of individual bailiffs does need to be monitored, tracked and adequately assessed, so that regulations are adjusted to keep pace with changing practices in debt collection.
We all know that debt collection is a sad fact of life that affects a large number of our constituents. We have all, in our case loads, doubtless come across worrying stories about abuses of power. It is right to acknowledge that the Government are moving, with their transformative agenda, to address large parts of the concerns that Members rightly have. Using the existing legislation to create new regulations is a good step forward. Importantly, the strengthening of the certification process, in the form of training and the like, is a valuable way forward, as is the creation of the new fixed-fee system. As I have already said, that deals only with the point of certification and not with practice. We must be realistic and we must acknowledge that taking a snapshot of the behaviour of individual bailiffs will not deal with many of the problems that beset people who are in debt but still deserve to be treated with respect.
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My new clause takes a slightly different course from the Opposition amendment. It seeks to build on existing structures in Her Majesty’s Courts and Tribunals Service and to use those mechanisms to create a system whereby individuals who have been wronged can make complaints and seek redress of grievance. The grounds I have set out relate to behaviour that is disproportionate to the debt and circumstances involved and to a situation where the debtor’s goods are insufficient in value to satisfy the debt. Giving the court the discretion to stay orders made in prior proceedings is, I submit, a cost-effective, streamlined and appropriate way of building in the extra check and balance that is needed in the system of regulation.
My new clause does not stop there but goes on to deal in subsection (2) with the discretion of the court. Importantly, subsection (5) would give power to the Lord Chancellor to review data on complaints and allow the regulatory framework to be updated when, as a result of that review, a body of evidence demonstrates that change is needed. There are some concerns that the creation of such a system could lead to a flood of applications that would mean that the debt enforcement system fell into some form of disrepute. I do not accept that. I believe that the creation of such systems incentivises the behaviour of bailiffs so that their standard of conduct becomes even better. That is the thrust of the Government’s reforms and, I think, the combined will of Parliament. We want to see a change of culture and a constant striving for improvement.
My proposal would create a more streamlined procedure than the ombudsman path. It is simple, clear and allows individuals to have proper redress against bad bailiff behaviour. I agree that challenging the certification of bailiffs is important, but that path is hardly ever used. Unless there is a concomitant increase in the number of challenges to certification, I am worried that the system will not keep pace, however well intentioned the reforms are, with the change that so many of our constituents quite rightly demand.
As I have said, my amendment is a probing amendment. I look forward to hearing the comments of my hon. Friend the Solicitor-General in response to the arguments outlined by me and others.