Section 48 — Power of entry

Debt Arrangement and Attachment (Scotland) Bill: Stage 3 – in the Scottish Parliament at 6:00 pm on 13th November 2002.

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Photo of Tommy Sheridan Tommy Sheridan SSP

When the Parliament was considering the Abolition of Poindings and Warrant Sales Bill, some of the most persuasive evidence that was presented came from adults who, as children, had experienced warrant sales in their home. They had experienced the indignity of strangers coming into their home and going through the various rooms, including the bedrooms. They had watched mothers and fathers in tears because they could do nothing to prevent those strangers from removing goods from their home.

The evidence that the Social Inclusion, Housing and Voluntary Sector Committee received at that time was persuasive. A number of individuals made the point that, having heard that evidence, they changed their mind on whether they would support the Abolition of Poindings and Warrant Sales Bill.

Amendment 76 seeks to prevent any other kid from experiencing the indignity of strangers coming into their home to remove their goods. Unfortunately, the Labour-Liberal-Tory coalition has already decided that sheriff officers can go into the houses of the poor and break down their doors to conduct what is a warrant sale by any other name. For goodness' sake, at least exempt the kids from experiencing that sort of indignity. By supporting amendment 76, members might be able to salvage something.

I move amendment 76.

Photo of Richard Simpson Richard Simpson Labour

Amendment 76 would have the effect of making it impossible for an exceptional attachment order to be executed if a child under 16 years of age was present in the house. Section 48 provides the protection that the order cannot be executed if there is no adult present. It is different to say that there must be no child present. Notice must be given in what it is intended would be the few difficult cases, so that the debtor may make arrangements to ensure that children are not present, if that is a problem. Of course, if amendment 76 were passed, the debtor might arrange to have a child in his house in order to defeat the execution of the order. That would lay the provision open to abuse. Accordingly, amendment 76 should be rejected.

Photo of George Reid George Reid Scottish National Party

The question is, that amendment 76 be agreed to. Are we agreed?



Division number 27

For: Canavan, Dennis, MacDonald, Ms Margo, McAllion, Mr John, Sheridan, Tommy
Against: Adam, Brian, Aitken, Bill, Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Campbell, Colin, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Curran, Ms Margaret, Douglas-Hamilton, Lord James, Eadie, Helen, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Ferguson, Patricia, Fitzpatrick, Brian, Fraser, Murdo, Gallie, Phil, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grahame, Christine, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harding, Mr Keith, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Matheson, Michael, McAveety, Mr Frank, McCabe, Mr Tom, McGugan, Irene, McIntosh, Mrs Lyndsay, McLeish, Henry, McLeod, Fiona, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Quinan, Mr Lloyd, Radcliffe, Nora, Raffan, Mr Keith, Robison, Shona, Robson, Euan, Rumbles, Mr Mike, Russell, Michael, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Mrs Margaret, Stephen, Nicol, Stone, Mr Jamie, Sturgeon, Nicola, Swinney, Mr John, Tosh, Mr Murray, Ullrich, Kay, Wallace, Ben, Wallace, Mr Jim, Watson, Mike, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan, Wilson, Andrew, Young, John

Photo of George Reid George Reid Scottish National Party

The result of the division is: For 4, Against 109, Abstentions 0.

Amendment 76 disagreed to.