Clause 96 - Register of judgments and orders etc.
Courts Bill [Lords]
10:30 am
Mr Nick Hawkins (Surrey Heath, Conservative)
Opposition Members hoped for an opportunity to debate what should precede the clause that comes next if the Bill is taken in strict numerical order. Clause 97(2) has caused concerns on the part of the Association of High Sheriffs of England and Wales, which is known as the Shrievalty Association.
I sought to table a new clause to deal with the concerns that were raised with me and that were raised by the shadow Attorney-General, my hon. Friend the Member for Stone (Mr. Cash), on Second Reading and by my hon. Friend the Member for Upminster (Angela Watkinson) on behalf of high sheriffs in Lord Chancellor's Department questions, as they used to be. Unfortunately, the new clause was ruled to be beyond the scope of the Bill, and the amendment that I tabled
is starred today, so my only opportunity to raise the matter is on clause stand part.
Will the Minister be so kind as to say that he will consider the amendment, even though it is starred, to see whether the Government can take account of it between now and Report, and whether he might be prepared to meet Mr. Roger Bramble of the Association of High Sheriffs of England and Wales?
The issue is that in the past there has been an arrangement between high sheriffs and under-sheriffs. This relates to clause 97(2) as it now is; I think that it was clause 91(2) when the Bill was before another place. In the past, each high sheriff has mandated the function of enforcing writs to his under-sheriff, who is traditionally a solicitor. In return, the under-sheriff has indemnified the high sheriff against litigation costs and awards, usually through the medium of an insurance policy.
High sheriffs are concerned that, because of clause 97(2), litigants might be able to proceed against high sheriffs who have been in office in any of the past six years—that is, until the normal statutory limitation would cut in. The high sheriff might have to pay costs and awards out of his or her own pocket. My hon. Friends have raised that concern. High sheriffs are particularly concerned that underwriters are reluctant to provide an effective insurance-based solution.
I would be enormously grateful if the Minister would say that he will consider the issue—I realise that it is new to him personally—and that, if it cannot be resolved between now and Report, he might agree to meet Mr. Bramble of the Association of High Sheriffs of England and Wales.