HL Deb 08 May 2001 vol 625 cc168-9WA
Baroness Crawley

asked Her Majesty's Government:

What progress has been made on the second phase of the enforcement review following the widening of its remit, announced by the Lord Chancellor on 6 March. [HL2074]

The Lord Chancellor (Lord Irvine of Lairg)

On March 6, 2001, I announced a wider remit for phase two of the enforcement review,Official Report, col. WA 20. The review has identified the need for independent expert advice from the private, independent and public sectors actively involved in enforcement and a market evaulation of the delivery of enforcement services. I will therefore establish an advisory group on the delivery of enforcement services to guarantee openness and transparency.

The broader remit of the enforcement review enables us to set better, more wide-ranging public service agreement targets, ensuring that enforcement is carried out to a consistent standard. The current target (to achieve a 10 per cent increase in the amount recovered per pound under executed warrants issued in the county courts in 2001–04) was due to be reviewed in July 2001. The new target will need to take account of the findings of the enforcement review, to be more closely linked to service delivery and to measure return to the customer. We will now set new targets for civil enforcement by December 2001 and implement them in 2002.

Baroness Crawley

asked Her Majesty's Government:

What progress has been made on reviewing the remedy of distress for rent as part of the ongoing reform of the civil justice system and review of civil enforcement. [HL2075]

The Lord Chancellor

As part of the ongoing reform of the civil justice system and the review of civil enforcement, we have been reviewing the remedy of distress for rent. We recognise that there are concerns about the current procedure whereby landlords of (mainly commercial) property can seize their tenants' goods for non-payment of rent without a court order or any prior notice. The Government accept that some change is necessary and desirable, and I have today issued a Consultation Paper on options for reform of distress for rent. Copies of the consultation paper have been placed in the Libraries of both Houses. The aim of this consultation is to:

  • Establish the extent to which, and way in which, distress for rent is currently used in both residential and commercial tenancies;
  • Consider the potential effect if it were completely abolished;
  • Consider the potential effect of its abolition in the residential sector; and
  • Seek views on proposals for a modified procedure.