§ 30. Mr. Dempseyasked the Lord Advocate what representations he has received about the practice notes recently made by sheriffs-principal, laying down that a creditor must apply for a warrant sale within six months of a poinding.
§ The Lord AdvocateI have received no such representations.
§ Mr. DempseyIs my right hon. and learned Friend aware that solicitors have represented to me that this six-months ruling should be made flexible for these debts to be recovered and some humiliating warrant sales avoided? Will he give consideration to this view?
§ The Lord AdvocateThe matter is for the sheriffs-principal, who have issued the practice notes, but I will take note of the point raised by my hon. Friend. Perhaps I should take him to task slightly in that in his Question he rather implies that a creditor must apply for a warrant sale within six months of a poinding. The practice notes are carefully worded and provide that a poinding shall be effective for six months from the date of execution, but that if an application for an extension is made to the sheriff within that period he may extend the period beyond six months but in no case to more than 12 months.
§ 31. Mr. Canavanasked the Lord Advocate how many representations he has received about changing the law on warrant sales.
§ The Lord AdvocateI have had correspondence with two hon. Members and the general secretary of the Scottish Trades Union Congress. I have also received letters from two members of the public.
§ Mr. CanavanIs my right hon. and learned Friend aware of the public humiliation and degradation that warrant sales cause to many ordinary working people and their families when their furniture and personal belongings are hauled into the street and sold for a mere pittance? Pending the Law Commission's inquiry, will my right hon. and learned Friend consult his fellow Ministers about the possibility of calling an immediate moratorium on the use of warrant sales by public bodies such as the gas and electricity boards?
§ The Lord AdvocateI take note of the point raised by my hon. Friend. I know that warrant sales cause a lot of distress. I think that the proper way to investigate this area is in terms of the inquiry of the Law Commission. I remind my hon. Friend that when a similar point was put to me on 30th November, I answered my hon. Friend the Member for Fife. Central (Mr. Hamilton) to the effect that if it could be shown that systematic abuses of the law are taking place I should consider what action can be taken in co-operation with other Ministers.