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?

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?

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

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

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...

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...

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,...

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,...

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.

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.

moved Amendment No. 130: 130: Clause 128, page 96, line 29, leave out ““section”” and insert ““Part”” The noble Lord said: I imagine that this is a misprint. Surely, the Bill should read ““Part”” not ““section””. If the noble Baroness agrees, I will not pursue the matter. Is there an...

moved Amendment No. 130: 130: Clause 128, page 96, line 29, leave out ““section”” and insert ““Part”” The noble Lord said: I imagine that this is a misprint. Surely, the Bill should read ““Part”” not ““section””. If the noble Baroness agrees, I will not pursue the matter. Is there an...

So the way in which it operates is that even if you are paying an instalment order under a judgment, the creditor can still obtain a charging order on your home and hold that over your head. Is that right?

So the way in which it operates is that even if you are paying an instalment order under a judgment, the creditor can still obtain a charging order on your home and hold that over your head. Is that right?

Clause 128(3) states: "““‘Museum or gallery’ means an institution in the United Kingdom approved for the purpose of this section by the Secretary of State””." It should not refer to the section; it should refer to Part 6. That is why I tabled the amendment thinking that it was uncontroversial....

Clause 128(3) states: "““‘Museum or gallery’ means an institution in the United Kingdom approved for the purpose of this section by the Secretary of State””." It should not refer to the section; it should refer to Part 6. That is why I tabled the amendment thinking that it was uncontroversial....

This is the amendment of the noble Lord, Lord Kingsland, so he will have to decide what to do with it. However, I think clarification is called for. It would be undesirable if creditors rushed to the court to obtain charging orders on people’s homes even though the debtor was...

This is the amendment of the noble Lord, Lord Kingsland, so he will have to decide what to do with it. However, I think clarification is called for. It would be undesirable if creditors rushed to the court to obtain charging orders on people’s homes even though the debtor was...

Does the Minister know of any instance where contempt of court proceedings have been brought?

Does the Minister know of any instance where contempt of court proceedings have been brought?

The advantage is fairly clear-cut. The instalment order which may be agreed between the parties is being met. Let us assume that the person is pretty impoverished and can afford to pay only £20 a month out of their income. The creditor may say, ““That is too slow. You are...

The advantage is fairly clear-cut. The instalment order which may be agreed between the parties is being met. Let us assume that the person is pretty impoverished and can afford to pay only £20 a month out of their income. The creditor may say, ““That is too slow. You are...

moved Amendment No. 68: 68: Schedule 12, page 199, line 2, at end insert ““but shall include— (a) such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation; (b) such clothing, bedding, furniture, household...

moved Amendment No. 68: 68: Schedule 12, page 199, line 2, at end insert ““but shall include— (a) such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation; (b) such clothing, bedding, furniture, household...

I support the Government on this matter. I do not believe there should be a ceiling for legal executives. I appreciate that it will be very difficult for them to qualify for appointment to a higher judicial role. However, an awful lot of them have not had the opportunities that...

I support the Government on this matter. I do not believe there should be a ceiling for legal executives. I appreciate that it will be very difficult for them to qualify for appointment to a higher judicial role. However, an awful lot of them have not had the opportunities that...

I am grateful to the noble Baroness for her lengthy explanation. I assure the noble Lord, Lord Lucas, that I had nothing to do with putting all these matters together, nor did I consent to it. However, that is neither here nor there. With regard to the notice that we...

I am grateful to the noble Baroness for her lengthy explanation. I assure the noble Lord, Lord Lucas, that I had nothing to do with putting all these matters together, nor did I consent to it. However, that is neither here nor there. With regard to the notice that we...

I am grateful to the Minister for her exposition. The exercise of due diligence seems to be a trade-off for immunity, however that is expressed. I look forward to seeing what further progress we can make. If I can be of any assistance, I am available. For the moment, I...

I am grateful to the Minister for her exposition. The exercise of due diligence seems to be a trade-off for immunity, however that is expressed. I look forward to seeing what further progress we can make. If I can be of any assistance, I am available. For the moment, I...

I have just realised why there are so many ruined castles.

I have just realised why there are so many ruined castles.

I wonder if I may assist because I have a briefing on this which the noble Lord, Lord Kingsland, may not have. The issue which arises is the possibility that this Bill permits an unsecured creditor to obtain a security for his debt. When an unsecured creditor lends money or...

I wonder if I may assist because I have a briefing on this which the noble Lord, Lord Kingsland, may not have. The issue which arises is the possibility that this Bill permits an unsecured creditor to obtain a security for his debt. When an unsecured creditor lends money or...

That was a very nice point. It almost balanced on a pinhead, if I may say so. The basic principle that we are discussing is forcible entry into domestic premises. However that is expressed—no doubt the noble Baroness can tell me in due course if I am wrong and explain...

That was a very nice point. It almost balanced on a pinhead, if I may say so. The basic principle that we are discussing is forcible entry into domestic premises. However that is expressed—no doubt the noble Baroness can tell me in due course if I am wrong and explain...

My Lords, as we have already heard, the menu is slightly mixed up today. I hope that your Lordships will forgive me if I open and my noble friend Lord Maclennan replies. I will not follow the noble Lord, Lord Newton of Braintree, in lengthy credits, but I detect here...

My Lords, as we have already heard, the menu is slightly mixed up today. I hope that your Lordships will forgive me if I open and my noble friend Lord Maclennan replies. I will not follow the noble Lord, Lord Newton of Braintree, in lengthy credits, but I detect here...

My Lords, the noble Baroness should not assume that I am necessarily on her side. This is such an important matter that, although I support it, I do not know that I support it in this particular Bill.

My Lords, the noble Baroness should not assume that I am necessarily on her side. This is such an important matter that, although I support it, I do not know that I support it in this particular Bill.