Schedule 12
Tribunals, Courts and Enforcement Bill [Lords]
5:15 pm
Vera Baird (Parliamentary Under-Secretary, Department for Constitutional Affairs; Redcar, Labour)
I shall deal first with the issues raised by the Joint Committee on Human Rights, and will quote what it said as the hon. Member for North Southwark and Bermondsey did. It stated:
“In cases where the State is using, or authorising the use of, intrusive powers...minimum safeguards (such as the requirement that an enforcement agent should identify himself and the authority for his entry on the premises to an occupier without need for a request; the minimum period of notice required; the requirement that entry take place at a ‘reasonable’ time, and protection for material subject to legal professional privilege)”
should be included on the face of the Bill.
Paragraph 26 states that the enforcement agent should be asked to prove his identity. He has to show his authority to be on the premises. Under paragraph 8, he must provide a notice as to what he is doing when he has entered the premises. The times when an enforcement agent can call will be contained within regulations, for the sake of flexibility. Again, that seems pretty sensible. We have met the demands of the JCHR, save for the protection of materials subject to legal professional privilege, which is a fairly arcane point to make. It is pretty unlikely that materials subject to legal professional privilege are likely to be the target of a bailiff looking for assets to realise or to freeze for future realisation.
I do not know what the hon. Member for North-West Norfolk meant when he referred to a Wheatham order. I shall ask him for clarification after our proceedings and write to him. If it is of more general relevance, I shall write to all members of the Committee.
Last week, the hon. Member for North Southwark and Bermondsey criticised the Bill for having too much in it. He is now criticising it this week for not having enough in it. We are satisfied that we have got the correct balance, and I commend the schedule to the Committee.