HC Deb 21 July 1976 vol 915 cc1792-3
31. Mr. Dalyell

asked the Lord Advocate if he will refer to the Working Party of the Scottish Law Commission, under Lord Hunter, examining the Law of Diligence and Debt Collection, the problem of the separation of functions between a messenger-at-arms to the High Court, the Macer to the Lord Lyon King of Arms, and Sheriff-Officer responsible for debt collection.

32. Mr. Canavan

asked the Lord Advocate whether he will ask the Scottish Law Commission to report on the legal implication of the functions of Messenger-at-Arms to the High Court, Macer to the Lord Lyon King of Arms and Sheriff-Officer responsible for debt collection.

The Lord Advocate

I understand from the Scottish Law Commission that it is considering this question in the course of its current examination of the law and practice of diligence.

There are judicial decisions to the effect that the sheriff officer should not act as an enforcement officer in a case where he is personally interested in the debt.

Mr. Dalyell

Is the Lord Advocate aware that many hon. Members are worried about the crude nature of this kind of debt collecting? When will the working party report?

The Lord Advocate

I cannot give a definite date for the report of the working party, but in relation to the question of the practice of Messengers-at-Arms and sheriff officers taking part in other related activities, the judicial decisions in question are very clear. There is no reason to suppose that the firms that carry out this work are not complying with the law.

Mr. Canavan

Why is Thomas Gray allowed to operate as a sheriff officer and also as a private debt collector? This pillar of the Scottish legal establishment, who has an office in Stirling, is allowed to hound ordinary working people in my constituency just because they fall behind in their hire-purchase payments. It is even more disgraceful that both his brother and his partner are members of the Law Commission's working party, which was set up in 1970 and is supposed to investigate this sort of disgraceful business.

The Lord Advocate

I entirely dissociate myself from the general remarks that my hon. Friend has made on this matter. I have no reason to suppose that the firms that carry out the work in this area do not comply strictly with the requirements of the law. My hon. Friend must appreciate that the task of debt collecting is inevitably unpopular. One will get no votes by collecting debts.