UK Parliament / Open data

Crime and Courts Bill [Lords]

Proceeding contribution from Oliver Heald (Conservative) in the House of Commons on Wednesday, 13 March 2013. It occurred during Debate on bills on Crime and Courts Bill [Lords].

The point is that these things have not been happening, but they will happen under the Government’s reforms. They will change the landscape. That is why the word “transforming” is in the title of the consultation—they will transform things. The enhanced certification and mandatory training will make a difference and we all agree that that is a good thing. The county court certificate to practise, which a judge can withdraw on complaint, and the offence of not having a certificate when attempting enforcement are powerful new remedies that did not exist before.

The hon. Lady mentioned the legal ombudsman. It is difficult to see how the system would work effectively under her proposal. Eighty per cent. of the cases are local council cases, so the local government ombudsman will be available for complaint. That is a remedy, but the hon. Lady is complicating things by suggesting that there should be another remedy on top of it. A certification complaint is one possible route of complaint and strong remedy, as are court procedures, which my hon. Friend the Member for South Swindon (Mr Buckland) has mentioned, and the local government ombudsman. The hon. Lady also mentioned a whole host of internal complaint schemes and she wants to put another scheme on top of them, but her proposal will not work legally. She is trying to patch her proposed scheme on to the Legal Services Act 2007, but the legal ombudsman looks only into complaints about the service provided to the customer, and in these circumstances the customer is the creditor. It would be nice for the creditor to have an avenue of complaint, but that would not help the debtor.

Type
Proceeding contribution
Reference
560 c411 
Session
2012-13
Chamber / Committee
House of Commons chamber
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