New Clause 4
Tribunals, Courts and Enforcement Bill [Lords]
1:30 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
I beg to move, That the clause be read a Second time.
The new clause is simple and straightforward, but significant because we want to define household income in relation to attachment of earnings orders to make it absolutely clear that the key relevant figure to be considered by the court is net household income.It is important to consider liabilities and define household income.
When an attachment of earnings order is made, there should be a clear definition of the earnings that are to be attached so that, if there are extra overheads or other liabilities, they can be taken into account. I imagine that a court would normally do that, and of course it will use common sense and judgment to consider the income, overheads and commitments of a family. They may have young children, an elderly, ill relative or other commitments, or mortgages might suddenly go up or the household runs into major problems over managing its income and making it go as far as possible.
We all come across such examples in our constituencies, not least as a consequence of actions—even rightful actions—by the Child Support Agency. People come to our constituency surgeries and talk about the problems that they face as a result of attachment of earnings orders, and they often argue convincingly that some of the liabilities and outgoings in their household are not catered for or taken care of. Most of the time, the courts will get that right. They will consider the overall picture and make a decision that is fair and balanced.
Obviously, courts have guidance on deciding on the attachment of earnings order, but what other guidance is there? Will there be any guidance in the regulations? Would it not make sense for a new clause specifically to lay down what can be considered? Is there not merit in having a clause to assess household income and make the rights of a debtor absolutely clear? Above all, it should be made clear that the debtor must make the information available, but at the same time the court must listen to what the debtor is saying so that we end up with a completely balanced, fair picture of the situation.
In the spirit of what I have said, I hope that the Minister will consider the new clause carefully, constructively and favourably.