Ministers warned over bailiff law

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New powers for bailiffs may be at risk of contravening human rights laws, a committee of MPs and peers has warned.

The Tribunals, Courts and Enforcement Bill proposes new powers, including forced entry and the right to restrain people, for enforcement agents.

But it does not sufficiently spell out safeguards to protect debtors, the Joint Committee on Human Rights says.

MPs and peers called for a "clear regulatory framework" to protect the human rights of debtors.

In its report, the committee notes that the European Convention on Human Rights states that powers of entry and seizure must be clearly justified, and the laws governing them must include effective safeguards against abuse.

Powers 'expanded'

But the joint committee questions whether the government has included enough safeguards in the bill.

It notes that the bill "significantly" expands bailiffs' powers to use force when entering business premises, and it wants to see minimum requirements for such a warrant "clearly identified on the face of the bill".

The government argues that it wants the flexibility to iron out some of the details, so has not included them in the bill at this stage.

We do not consider that the need for "flexibility" is adequate justification for the failure to include safeguards for Convention rights Joint Committee on Human Rights

Details of a certification scheme for enforcement agents, and the minimum conditions for granting a warrant for the use of force, will be among those addressed at a later stage, it says.

But the committee says the details ought to be included now, subject to "full Parliamentary scrutiny".

"We do not consider that the need for "flexibility" is adequate justification for the failure to include safeguards for Convention rights as part of a statutory framework," it said.

It says there should be detailed rules for notice periods, methods of entry and identification procedures for bailiffs.

'Incompatibility' warning

And it wants closer scrutiny of the suggestion that they might be allowed to restrain people, as well as tight restrictions on the use of such force.

Otherwise, the committee warned, it risked "incompatibility" with rights to physical integrity and respect for private life - both guaranteed under the Convention.

The government says the bill will simplify the law on bailiffs, currently a mixture of different types of legislation, much written in "obscure language" and difficult for most people to understand.

Risk of breach

It says it will be able to introduce a certification scheme for enforcement agents, which will cover issues like proper training, criminal records checks and references.

But while the committee says such safeguards would be valuable, they are not spelt out sufficiently in the current version of the bill.

It said, without effective ways of monitoring of the new powers, "there will be a greater risk that these powers may be used in a way which leads to a breach of Article 8 of the European Convention on Human Rights".

In 2003 ministers pledged a new licensing regime but no provision for one is made in the bill, although it remains a "long term aim".

But the community charity Citizens Advice wants an independent body to regulate the trade, issue licences and punish those who misbehave.

It says that 61% of its offices have dealt with people who have been harassed or intimidated by bailiffs, many misrepresenting their powers.