Bailiffs: Regulatory Reform — [Mr Nigel Evans in the Chair]

Part of the debate – in Westminster Hall at 3:39 pm on 9 January 2019.

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Photo of Gloria De Piero Gloria De Piero Shadow Minister (Justice) 3:39, 9 January 2019

I thank my hon. Friend for that contribution. Story after story shows why reform is necessary. Unlike similar industries dealing with vulnerable people, such as debt collectors, the bailiff industry is not overseen by an independent regulator. As Labour recognised with our successful payday loan campaign, self-regulation is just not suitable for industries with intrusive powers over vulnerable people’s lives, homes and finances. It is just too easy for unscrupulous companies to be greedy or to mistreat people when they are at their lowest. None of the main trade bodies for bailiff companies seem interested in enforcing the law or holding the industry to account, and even if they were, they do not have the teeth to do so, just as we saw with payday lenders.

There is also no simple, accessible complaints system for people to report the horror stories or infringements of the bailiffs they are dealing with. The only thing that will do, as so many colleagues have said, is to replace the broken system of self-regulation and piecemeal reform with independent bodies that will hold the industry to account and allow people’s complaints to be heard and dealt with. We need either a new regulator, or to bring bailiffs within the remit of the Financial Conduct Authority—that went a long way towards reining in payday lenders. It does not matter what body we choose as long as it is fully independent and has the teeth and the will to put a stop to unscrupulous behaviour.

We also need a simplified, free, independent complaints procedure, adjudicated by an independent body. We need to listen to the myriad voices calling for change—organisations that in many cases are working on the frontline of the effects of the broken bailiff system. They include AdviceUK, The Children’s Society, Christians Against Poverty, Citizens Advice, Community Money Advice, the Institute of Money Advisers, the Money and Mental Health Policy Institute, the Money Advice Trust and StepChange Debt Charity.

Many colleagues said that the current system is not fit for purpose. John Howell talked about the current system of regulation not working because there are no sanctions, as did Kevin Hollinrake, who also brought a mental health angle to the discussions and suggested some practical solutions. My hon. Friend Rachel Reeves talked knowledgeably about how the law needs to change, and made a wider point about use of bailiffs being a symptom of increasing household debt. Ian Paisley brought a Northern Ireland perspective to the debate and talked about how enforcement orders are used. My hon. Friend the Member for Ellesmere Port and Neston made a wider, and important, point about the need to be tough on bailiffs and tough on the causes of bailiffs. My hon. Friend Yvonne Fovargue talked of desperate people chasing desperate people and brought her long-standing expertise to the debate. My hon. Friend Ms Rimmer talked about how the complaints system is not working and is not fit for purpose, and the wider issue of poverty.

There really is no excuse for the Minister not to act. As Rachel Maclean explained, some of the bailiff companies are themselves calling for independent regulation. I have a fundamental request. Will the Minister agree to enact a properly independent regulator, and will she set a timetable today to do so? Will she also urge other local councils to follow the example of Hammersmith and Fulham and not use bailiffs? Will she heed the call from Dr Offord for councils to look at how they deal with repossession and rehousing? Every day that we wait is another day of stress and despair for too many people struggling with bailiffs.