Powers of bailiffs to force entry into homes and use force against a person to be repealed by a bill.

A bill to repeal the powers of bailiffs to break into people's homes and force entry when enforcing fines, and to break into homes and use force against debtors when enforcing debt repayments was introduced.

It received support from the House of Commons and will be read a second time on Friday 16th October 09.

On the 2nd June 2009, Karen Buck MP gained permission from the House of Commons to introduce a Bill  to repeal the powers of bailiffs to break into people’s homes and forcible entry, to enforce fines in the Domestic Violence Crime and Victims Act 2004 and the extension of those powers in the Tribunals, Courts and Enforcement Act 2008 allowing forcible entry for all debts and also allowing the bailiffs to use force against debtors themselves.

This extension of the powers has been shelved by the government for the time being. She also seeks powers for the bailiffs to return obviously vulnerable cases to the courts or creditors for reconsideration of the terms of payment. Her Bill will receive a second reading on Friday 16th October.

She said. “The representations that I seek to make to Ministers through the Bill are threefold. The power of forcible entry into a person’s home and the power for bailiffs even to use force against debtors are far too extreme to be given to civilian enforcement officers. The balance has been tilted too far against the householder’s right to be secure from trespass into their home. The present position overturns a long-standing common law tradition, by which a bailiff peacefully entering a property could not be prevented from going about his or her task. The emphasis was very much on an acceptance of that right in certain cases, but obviously the tradition stopped short of forceful entry.

The powers taken by the Government in the Tribunals, Courts and Enforcement Act 2007 have not been brought into effect by regulation, and we await the regulations that will implement them. However, I believe that it is now clear that such powers should be repealed. Their excessive harshness should not be left on the statute book, even with an indication that the Government do not intend to implement them at present. The powers should be removed entirely.”

You can read Karen Buck's speech here.

 
     
  The Zacchaeus 2000 Trust is a registered charity No. 1110841.
Registered as a company limited by guarantee registered in England no. 05442501 with
registered office 4th floor, 2–4 Great Eastern Street, London EC2A 3NT