Warrant Sales (Hansard, 23 February 1972)

§ 1. Mr. Dempsey
asked the Secretary of State for Scotland if, in view of the need to end the warrant sale system, he will call for an interim report from the Scottish Law Commission with a view to introducing legislation for the operation of a more satisfactory method of recovering debts.

§ The Under-Secretary of State for Home Affairs and Agriculture, Scottish Office (Mr. Alick Buchanan-Smith)
The warrant sale system is only one, though important, aspect of the law of diligence. I believe that the best way to review it is within the context of the general review which the Commission already has in hand.

§ Mr. Dempsey
Has the Under-Secretary given earnest consideration to the fact that the unfortunate victims of warrant sales at times receive peanut prices for very valuable furniture and household equipment? Is he further aware that even a third party's goods have been confiscated under the present arrangement? In view of the urgency of the matter, will he expedite the report and introduce legislation to remove this iniquitous system?

§ Mr. Buchanan-Smith
I appreciate the hon. Gentleman's concern about the matter. The value realised for goods turns on the question whether the sale takes place in a person's home or in a sale room. This matter is entirely at 1256 the discretion of the sheriff. On the other point, I should be interested to receive any evidence which the hon. Gentleman can give me.

§ Mr. Ross
There are many gaps in this system. I came across a case recently. There is no check by the person placing the advertisement and carrying on the sale whether the facts are as they are stated. Meantime, costs mount against quite innocent people. Is it not time for a realistic look at this matter once again?

§ Mr. Buchanan-Smith
I appreciate the right hon. Gentleman's concern. If he has examples where the procedures are not working, I shall be interested to hear them. We must remember that the procedures are merely one aspect of the whole of the law of diligence and that many other aspects are involved. If there are any specific matters of procedure which can be improved in that way, I am prepared to look at them.