My Lords, I should declare an interest as chair of the Enforcement Law Reform Group. As such, I count many bailiffs among my acquaintances—and do not know one who would not support this amendment. Everybody in the bailiff industry, from those who have spent a lifetime in it to the most vocal advocates of the poor, wants regulation and a complaints system. This has been an active subject in government since 1980. We have had several times when action has been promised and no times when action has resulted. It is high time that the Government did something. The previous Minister in charge of this promised that he would do something, and it was delayed and delayed. We have a new Minister in charge and again we are promised that something will happen, but nothing substantial has come forward. It is time we had action. It is no bad thing that we in this House should pass an amendment signalling just how seriously we regard this constant delay. It is very important that whatever we do about regulation, we have an appeals process: some way in which bad behaviour can be brought to book and in which complaints can be heard.
There are pros and cons of doing it in any particular direction. I have had very good experiences with ombudsmen—not in this area, but others; it is a system that works well. But it is not good enough to have no appeals process. Having done bailiff regulation in whatever way the Government propose to do it, we cannot even think of not having a serious system of appeal and for dealing with bad practice. Without it, the bad practice will not disappear. The serious members of the bailiff profession very much want it to, but they need the Government’s help. The Government have set up a system of remuneration for bailiffs which invites bad practice, because it makes it uncommercial and uncompetitive to behave according to the rules.
Under those circumstances one should not be surprised that things get pushed a bit. Proposals and studies on the proper system of remuneration for bailiffs have been around for a long time; we have not yet seen them implemented. The Government ought to make progress, and I should be delighted if the Minister would give a firm promise on this to prevent the noble Baroness pressing her amendment. However, if she does press it, and if I am unhappy with what the Minister says, I shall be in the Lobby with her.