Oral Answers to Questions — Court Orders for Debt (Enforcement)

– in the House of Commons at 12:00 am on 10 December 1964.

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Photo of Mr Leo Abse Mr Leo Abse , Pontypool 12:00, 10 December 1964

asked the Attorney-General what are the results of the discussions being conducted between the Secretary of State for the Home Department and the Lord Chancellor relating to the operation of the law empowering imprisonment for non-payment of commercial debts; and if he will make a statement.

Photo of Sir Elwyn Jones Sir Elwyn Jones , West Ham South

It is the intention of my noble Friend the Lord Chancellor that there should be a comprehensive review of the methods of enforcing orders made by the High Court and the county courts as soon as possible. Other commitments make the undertaking of such a review difficult at the present time, but my noble Friend proposes to do so as soon as he can.

Photo of Mr Leo Abse Mr Leo Abse , Pontypool

May I thank my right hon. and learned Friend the Attorney-General for that reply and ask that in the review he will bear in mind the continual growth of debt-buying companies which at the moment are exploiting the coercive powers of the court so that they can, having bought debts at a cheap price, make large profits at the expense of the taxpayer who pays to keep these men in prison and who pays to keep their families outside on National Assistance while the debtors are in prison?

Photo of Sir Elwyn Jones Sir Elwyn Jones , West Ham South

Evidence to support allegations of that kind would, no doubt, be considered in the review.

Photo of Sir John Hobson Sir John Hobson , Warwick and Leamington

Can the right hon. and learned Gentleman give any estimate as to when this review is likely to be embarked upon? Secondly, can he explain whether Questions about the law reform activities of the Lord Chancellor ought to be addressed to him or to the Minister without Portfolio? It is difficult to know which one is responsible for Questions in the House.

Photo of Sir Elwyn Jones Sir Elwyn Jones , West Ham South

The answer to the first part of the right hon. and learned Gentleman's supplementary is "As soon as possible". The answer to the second part is that on this occasion I am answering for my noble Friend.

Photo of Mr William Shepherd Mr William Shepherd , Cheadle

Can the right hon. and learned Gentleman say, whether, in fact, there is such a thing as imprisonment for debt?

Photo of Sir Elwyn Jones Sir Elwyn Jones , West Ham South

Technically it has been deemed that imprisonment is by way of punishment for contempt of court, but it is an interesting academic question.

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