1.         In this very brief talk, I am going to concentrate on the “Enforcement” part of the Bill.

2.         Brief Background:-

21.       Bailiff law is archaic, confusing and complex.  Professor Beatson QC, Centre for Public Law University of Cambridge, was commissioned in 1992 by the Government to deliver a review to bring this law in line with the 21^st century.  As a result, this Bill is now being debated in the House of Commons, having been considered in the House of Lords.

3.         Regulation:-

3.1       Bailiffs and Sheriffs are generally a law onto themselves and there is very poor regulation, if any effective regulation at all.  The CAB are calling for an independent Regulator and this is a must.  Parliament must insist that an independent Regulator is in place to ensure that complaints can be effectively addressed.

4.         Informing/Educating the Public

4.1       Parliament must, also, ensure that the Public who are victims of Bailiffs and Sheriffs receive proper and adequate information about their rights, what is about to happen, what they can do to stop it, when it is supposed to happen, why and where they can turn to should they wish to make a complaint and that information must be in a language that the Public can understand which includes the way it is worded.

4.2       One very serious loop-hole that is being abused is that on the warrant of possession, in the case of taking possession of land, is that there is no amount given on the warrant.  This means that the public is deprived of a legitimate opportunity to redeem the debt, if possible, and, also, that after the property has been repossessed there is no protection as in most cases there is no money judgment so the lender can basically help themselves to as much as they like and if there is not sufficient equity, the debt does not go away.

5.         Forceful Entry to Property;  Violence against Occupiers

5.1       At present, it is unlawful to use force entering domestic premises and, of course, unlawful to use violence or assault occupiers.  However, this is happening frequently but the new legislation, in its present form, proposes to make this lawful. 

5.2       Parliament must ensure that no such measures are made lawful as that will leave the Public totally unprotected against enforcement officers who are no more than thugs in many circumstances.

5.3       It is reported in the press that there is even a suggestion that enforcement officers should be given power to break into people’s homes whilst they are not there and take possession of goods.  This proposal is outrageous and one needs very little imagination to see what abuse would follow from that.

6.         Tricks of the Trade

6.1       There has recently been some coverage on TV about the “tricks” enforcement officers use to obtain entry into people’s homes.  That is just the tip of the iceberg.  What happens in many cases in the privacy of people’s homes is nothing short of violent crimes such as ABH, GBH caused by the enforcement officers to the occupiers and them coming equipped to commit these crime including breaking in.

6.2       Give examples:  Thelma;  J/S’s client PC 5 am; Daily Mail Article etc

7.         What Parliament must do

7.1.      Its prime duty is to protect the public against the elements of enforcement officers who act criminally and ensure there is proper effective regulation in place.  At present, they already commit these crimes which it is now proposed are made lawful.  Can you imagine how far these individuals will go if what they are doing now is made lawful?

Personally, and several other people I know, who have had first hand experience of the above through the vehicle of fraud are offering to give evidence to a Parliamentary Committee should that help to ensure that Parliament is properly and fully informed as to the reality of this situation.

Most MP’s and Lords have no personal experience of this kind of situation and are, therefore, relying on information given them to come to an informed decision, a decision that could cost lives.  

Alan Keen Mp submitted the above covered by this letter:-  

Vera Baird QC MP

Parliamentary Under-Secretary of State

Ministry of Justice
54 Victoria Street
London SW1E 6QW

By post and fax

25^th June 2007

Dear Vera

I am writing to you in light of the enclosed representations made to me by the consumer group Struggle Against Financial Exploitation (SAFE) which is based in my constituency.  They have contacted me regarding the Tribunals, Courts and Enforcement Bill, due to be debated in the House on Wednesday (27^th June).

Having listened to the concerns of SAFE and reading through the accompanying notes to the Bill, including submissions made to the Public Bills Committee at which the Bill was discussed and amended, I am concerned that the extension of powers to ‘enforcement agents’ contained in the Bill, coupled with the failure to establish a credible regulatory framework, constitutes a major step back in terms of individual rights and freedoms.

I believe the primary legislative duty in this field is to protect the public against the elements of enforcement officers who act criminally, by ensuring that there is proper, effective regulation in place.  While I recognise that the seizure and sale of goods by bailiffs is an ancient and effective method of recovering debts, so is a person’s right to be protected within their own home.  I feel that the enforcement section of the Bill is too biased in the favour of debt recovery agents, and that little consideration has been given to the distress and intimidation that they can cause to people who are often the most vulnerable in our society.

I would be grateful if you would consider the enclosed letter and appended documents from SAFE, and I hope that some accommodation for the concerns which they and many others have can be made in the debate on Wednesday.  I would welcome your comments on the concerns I have raised, and look forward to hearing from you soon.

Many thanks for your consideration in this matter.

Yours Sincerely

Alan Keen MP

Member of Parliament for Feltham and Heston

Enc

See Video 01 & 06