Schedule 12
Tribunals, Courts and Enforcement Bill [Lords]
4:15 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
That is a fair point, and one could debate it. It is a pretty academic subject, but I submit that if we use amendment No. 99 to preserve the common law rights, combine it with amendment No. 98—which would rewrite the application for power to use reasonable force and which the hon. Gentleman signed, for which I am grateful to him—and combine their provisions with the changes made by amendment No. 100, the package that we are presenting for inclusion in the Bill would provide extra protection, which would not otherwise be available.
I should mention the other common law right that the Bill will overturn. The first common law right that I mentioned in connection with Semayne’s case is one on which the pass was sold in the 2004 legislation, but as I understand it, at present, entry may take place only with the permission of the occupier. Paragraph 14 of schedule 12 aims to overturn that right, and I ask the Minister to comment on that. I submit that if bailiffs are granted a power to enter or remain against the wishes of the occupier, they will actually be in a more privileged position than police officers executing warrants of arrest, despite the fact that they will be immeasurably less well regulated and disciplined than constables. I find that worrying. The provision needs to be discussed and debated in detail.
I do not want to test your patience, Mr. Bercow, by considering what regulation we need. I would certainly regard clauses on regulating and rewriting the certification system as part of a wider response to the Bill to help people in a vulnerable position. We are discussing people who are facing crises in their lives—those who have the bailiffs on their doorsteps. Furthermore, bailiffs are to have more rights. In that context, it is of fundamental importance that the Bill contain more protection.
As legislators we should be extremely wary of overturning common law. I understand the comments of the hon. Member for North Southwark and Bermondsey: common law is often difficult to understand and gives lawyers a field day, and one can conclude that codification would be better. However, if a Bill does not include appropriate codification, and instead gives additional powers, the Opposition believe that it is a retrograde step to tear up hundreds of years of common law. That is why we are proposing the amendments.