Motion to Agree
Lord Lloyd of Berwick (Crossbench)
My Lords, I support the two speeches that have just been made. I have no worry about those who could pay but have not done so and I support the proposals in the report so far as they go in that regard. But I am concerned about those who are or may become insolvent. It has always been a principle of insolvency law that a person should in due course be able to get his discharge. Thereafter, he is entitled to retain his personal earnings because he must be allowed to support himself and his family. That principle was established in 1872 by Mr Justice Vaughan Williams in the case of Hawkins. I am concerned that the indefinite suspension, which may well be the result of what is before the House, would be against that basic principle of insolvency law.