Private Bailiffs (Hansard, 17 July 2003)

§ Gregory Barker
To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what regulations govern the capacity of a private bailiff forcibly to enter a domicile; and when they were last amended; [126949]
(2) what legislation applies to the governance of bailiffs and private law enforcement agents; and what rights and privileges are afforded to bailiffs in the execution of their duties. [126951]

§ Mr. Lammy
In March of this year the Government published the White Paper "Effective Enforcement" (Cm 5744) in which it set out its conclusions on the law governing bailiffs, including rights of forcible entry.

§ Gregory Barker
To ask the Parliamentary Secretary, Department for Constitutional Affairs what plans the Government have to introduce legislation on bailiffs. [126952]

§ Mr. Lammy
The Government will introduce legislation when Parliamentary time allows.
468W

§ Gregory Barker
To ask the Parliamentary Secretary, Department for Constitutional Affairs what recent representations he has received regarding privately contracted bailiffs. [126953]

§ Mr. Lammy
Since April 2002, my Department has received 15 items of correspondence on the subject of bailiffs in the context of the Civil Enforcement Review. There has also been one Parliamentary Question on this issue in that time.
In addition, the Department received 84 responses to the Green Paper "Towards Effective Enforcement", which was issued in July 2001. The Department published these responses to consultation in April 2002.
The Department has also received 15 responses to the White Paper "Effective Enforcement", published in March 2003, on bailiff related issues. These responses are being analysed.

§ Gregory Barker
To ask the Parliamentary Secretary, Department for Constitutional Affairs what steps are taken by his Department to(a) monitor and (b) enforce standards within the bailiff industry. [126954]

§ Mr. Lammy
Enforcement arrangements are fragmented, with some firms and individuals working outside of any recognised structures. This is not satisfactory and we are working with the industry to gather evidence of the number and nature of complaints to help guide the future regulation of enforcement agents.
In May 2002 we published "National Standards for Enforcement Agents". The objective was to raise the standards of the enforcement profession nationally by building on and improving existing guidance and best practice. The standards are intended for the use of all enforcement agents, both public and private, the enforcement agencies that employ them and the major creditors who use their services. This is a step towards future legislation and regulation.
A White Paper "Effective Enforcement" was issued in March 2003. It proposes a regulatory system, a single piece of law and fairer fee structure for all enforcement agents.

§ Gregory Barker
To ask the Parliamentary Secretary, Department for Constitutional Affairs what licensing procedures there are for(a) bailiffs and (b) private law enforcement agents. [126955]

§ Mr. Lammy
There are currently no licensing procedures for bailiffs and private law enforcement agents. We set out the current structures in our Green Paper "Towards Effective Enforcement" issued in July 2001. This included:

County court bailiffs

Certificated bailiffs

Private bailiffs

Distrainors

Sheriffs

Civilian Enforcement Officers; and

Approved Enforcement Agencies.
469W
The White Paper "Effective Enforcement" published in March 2003 proposes a regulation of all public and private sector enforcement services across all areas of warrant enforcement which will include a licensing procedure.