My Lords, perhaps it will at least allow the Whips to send out the necessary message that I can make no commitment to the noble Baroness beyond what I have said in meetings and at various stages of this Bill. I will briefly try to explain why not. I have listened to this debate and I have listened to the concern of the House. Yes, the House can send messages but, in truth, the matter is being dealt with. I note that my noble friend Lord Lucas said that the matter had been being discussed for the past 33 years and that the noble Baroness, Lady Meacher, referred to merely the past 20 years. Therefore, I am not too apologetic that the department is taking a little time to take this matter forward.
The consultation paper sets out the objectives, including providing more protection against aggressive bailiffs while spelling out the need for effective enforcement; a fair, transparent and sustainable costs regime that provides adequate remuneration; and minimising excessive regulation on business while ensuring effective protection for the vulnerable. That is the balance that we are trying to get right.
In previous stages of the Bill, I have outlined that the Government are clear that aggressive bailiff action is unacceptable. We remain committed to bringing
forward reforms which will protect the public from this and ensure that enforcement action is proportionate. We have a firm commitment in the coalition agreement to effect this and we will not falter. The Government understand that bailiff action can be, by its nature, a deeply unpleasant experience for those in debt. We also understand how this can be exacerbated by unnecessarily aggressive and threatening behaviour by some bailiffs. Those who are subject to bailiff action are often the most vulnerable people in society, as has been repeated on a number of occasions in this debate. We will not stand by and allow them to be subject to needless bullying, which can have a very real and significant effect on their well-being.
However, as I have highlighted previously, the Government are looking to tackle problem bailiffs in a number of ways. These are set out in the wide package of proposals within our Transforming Bailiff Action consultation paper. This package of proposals will focus on the root causes of many complaints. Among other proposed reforms, it will improve clarity so that everyone knows where they stand by stipulating when and how a bailiff can enter a property, what they can take and, not least, what they can charge.
The noble Baroness’s amendment will not address these issues, nor will it supply debtors with an independent complaints process which will meet their needs. The Legal Services Act contemplates a service relationship between professionals, such as solicitors and their clients, which is not present between bailiffs and debtors. Under this amendment, debtors would not be able to complain to the Legal Ombudsman because the bailiff is not providing them with a service as required for complaints under the Act. It is therefore neither appropriate nor sensible to try to force the regulation of bailiffs into this framework which is not constructed to address the circumstances in question.
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While I share the desire of the noble Baroness to see change happen quickly in this area, we must take the time to ensure that we implement the reforms which have the best chance of delivering long-term and address aggressive bailiffs. I would therefore stress that it is important to await the response to the Transforming Bailiff Action consultation paper.
I take the point made by my noble friend Lord Kirkwood and others. There is a pressure on me and on Ministers. If I ask the House and ask the noble Baroness not to press this amendment there is an onus to make rapid progress on this issue. When I was a new, young Member in the other place, I remember speaking at Third Reading and got my knuckles rapped by the Whip on my side for what he termed a Second Reading speech. Most of the speeches that have been made today could have and indeed have been made at Second Reading, at Committee and at Report. The House should look at itself and ask whether it is going to have these mini debates, important as they are, at Third Reading.
I cannot go any further than what I have told the noble Baroness. I have spent time with her and I hope she believes my own commitment in this area. I also accept the point made by my noble friend Lord Lucas
that the industry itself wants progress in this area. I do not think that we are talking about 33 years or 20 years, but I cannot put a timescale to it. I do, however, give a commitment to return to the department with a very strong message from this House about a sense of urgency and I hope that in those circumstances the House will not accept any invitation from the noble Baroness to pass this amendment.