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To ask the Secretary of State for Communities and Local Government if she will take steps to allocate funding to residents’ associations for the purpose of forming property companies to purchase properties in order to tackle anti-social behaviour.

Asked by
Iain Wright (Labour)
Answering body
Communities and Local Government
Type
Written questions
Status
Answered
Date
18 December 2006
Reference
108624; 454 c1636W;454 c1638W
House
House of Commons

The point of subsection (3)(e), as I have said, is to enable us to recognise that the machinery of Government changes. I take the point that, on reading it, the noble Lord may feel we are going to widen the provision, but it is clear that we have not. If...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c125GC
House
House of Lords

Turning to Clause 90, I cannot see restrictions on the type of information that can be requested. Credit reference agencies have a great deal of information about a person’s location, assets and financial affairs, as might a bank. I understand what the Minister is saying, but I do not see...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c125GC
House
House of Lords

Before the noble Lord withdraws his amendment, I should like to widen the question. If the information is so narrow, why is the clause drawn so widely? Under Clause 89(3)(e), the process could be widened to any government department. One could ask the court to look at any records that...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c124GC
House
House of Lords

We are trying to prevent a situation arising where once the asset is sold, it is too late. You cannot get a charging order against something that does not exist. Although there are people for whom this might not be appropriate, there are also people who are paying off debts...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c122GC
House
House of Lords

Yes.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c121GC
House
House of Lords

I do not understand it—that is the problem. The noble Baroness says that it is not a security that is obtained for the debt but for a judgment. Is that what she is saying?

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c121GC
House
House of Lords

I have had to make charging orders. A charging order nisi comes automatically, but the charging order absolute—which is the point at which you could eventually sell the property—has to be a judicial decision. If the judge or master who hears it finds that the money is being paid, he...

Member
Baroness Butler-Sloss (Crossbench)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c120-1GC
House
House of Lords

I entirely agree. Therefore, why do the Government want the provision in the Bill?

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c121GC
House
House of Lords

moved Amendment No. 97: 97: Schedule 13, page 224, line 34, at end insert— ““( ) for the words ““neglect, connivance or omission”” substitute ““negligence or connivance”” The noble Lord said: As I said beforehand, under the Bill we are expecting our bailiffs to exercise a fair degree of discretion...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c108-9GC
House
House of Lords

Certification by the court where the sanction is contempt of court proceedings is a very unsatisfactory way to proceed, yet that really is what the Government are setting out in this Bill. A great deal of thought must be put into that. I am very tempted by Amendment No. 104...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c115-6GC
House
House of Lords

This takes us into the area of certification and regulation, and I am grateful to have the opportunity to discuss this in Committee. We have referred to ““enforcement agents”” because we are trying to develop a new approach to debt and the collection of debt and to bring under one...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c112-3GC
House
House of Lords

moved Amendment No. 98: 98: Clause 55, page 40, line 17, at end insert— ““( ) Any individual acting as an enforcement agent must act in accordance with the regulations established under section 56.”” The noble Lord said: Tempted though I am to discuss with the noble Lord, Lord Lucas,...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c109-11GC
House
House of Lords

I am grateful to the noble Lord. The question of bailiffs’ forced entry without a warrant applies to paragraphs 18 and 19 of Schedule 12 only with regard to criminal fines. That is already in the Magistrates’ Court Act, to which I have referred a few times now. The wording...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c105-6GC
House
House of Lords

When dealing with attachment of earnings orders there is an issue about what earnings the order is attached to. The purpose of the amendment is to define the way in which the earnings to which the order will be attached are calculated. It is no more or less than that.

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c119GC
House
House of Lords

Would the noble Lord be kind enough to describe the conflict? I cannot see any at all, but if he would adumbrate that point I would be much obliged.

Member
Lord Clinton-Davis (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c120GC
House
House of Lords

moved Amendment No. 119B: 119B: Clause 85, page 53, line 5, at end insert— ““(9) Where the judgment that is the subject of a charging order application relates to an agreement regulated by the Consumer Credit Act 1974, the court shall not make a charging order if an order under...

Member
Lord Kingsland (Conservative)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c119GC
House
House of Lords

I cannot see what advantage would accrue to the creditor under those circumstances.

Member
Lord Clinton-Davis (Labour)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c120GC
House
House of Lords

That is my point. I agree entirely with the noble Lord. We await an explanation from the noble Baroness, Lady Ashton, on why this is the case.

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c120GC
House
House of Lords

moved Amendment No. 111: 111: Clause 57, page 41, line 18, at end insert— ““( ) rules of peaceful and forced entry and re-entry to property”” The noble Lord said: I was unclear whether we had actually abolished those common-law rules to make this a unified piece of bailiff law,...

Member
Lord Lucas (Conservative)
Type
Proceeding contributions
Date
14 December 2006
Reference
687 c116GC
House
House of Lords