Regulation of Bailiffs (Assessment and Report)

12:38:00

I beg to move, That leave be given to bring in a Bill to require the Secretary of State to publish an assessment of the effectiveness of current regulation of the debt collection and civil enforcement sectors and to report to Parliament on the potential merits of statutory regulation of those sectors; and for connected purposes. Today, I introduce the Regulation of Bailiffs (Assessment and Report) Bill. We are in this place to speak up when others cannot and to put right what is clearly wrong. This Bill to get a grip on rogue bailiffs does exactly that. I want to share some truly heartbreaking stories: stories of vulnerable people left petrified in their own homes and disabled people terrified that vital equipment could be wrongfully taken from them. It is time that despicable practices in the enforcement sector came to an end for the thousands across the country who have suffered serious injustices at the hands of cold-hearted rogue bailiffs—those who have brought shame to their own industry. I came into politics to fight for social justice and that is why I am proud to be a Labour MP, but nothing has fuelled that fight more than hearing from those crushed by the worst elements of the enforcement sector; their pain and their stories have imprinted themselves on me with lasting force, and it is for them that I am absolutely determined to change the law. Let me first thank StepChange and particularly Sophie Morris, who is in the Gallery today. I also want to give credit to the Enforcement Conduct Board, known as the ECB, which voluntarily regulates 95% of the sector. In my view, it should oversee this regulation. At present it issues guidelines for the enforcement sector, but that, of course, is the issue: these guidelines lack legal heft. The Statute of Marlborough, which passed in 1267 during the reign of Henry III, is one of England’s oldest pieces of legislation still partly in force today. It shows that even 750 years ago people were thinking about the need for fair debt collection, yet here we are today faced with the same challenges. As a former regulator at the Financial Conduct Authority, I understand the importance of setting clear standards. The last changes to enforcement law were made about a decade ago and introduced a three-stage process and stronger protections for vulnerable people. Despite those changes, aggressive practices and inconsistent standards still exist. That is why the independent ECB was created in 2022 to voluntarily oversee the sector. According to Citizens Advice, one in three people who have had contact with a bailiff have experienced behaviour that breaks Ministry of Justice expectations, and even among the bailiffs that are regulated under its current scope, 1% of visits were deemed too aggressive by the ECB. That equates to hundreds if not thousands of visits a year. That is why we need a fair and proportionate debt collection system. I want to tell Members Michael’s story. He is an inspirational chap who I welcomed to Parliament last week. Michael’s story began with an horrific motorbike accident that completely upended his life. He sustained injuries that made him unable to walk or stand, and after a lengthy spell in hospital, getting by on sick pay alone, he lost his job. During this time he received a letter demanding a full year’s council tax to be paid at once—by the way, we must end that punitive rule that is triggered when someone misses just one council tax payment. I am grateful to Martin Lewis for campaigning on that, and I welcome the Government’s consultation too. Returning to Michael’s story, bailiffs were sent to collect the council tax. He was at home, bedridden and unable to move. The bailiffs visited repeatedly but he could not hear their knocks or get out of bed. Despite that, they unfairly added extra charges to his debt for their visits. He was left without carpet and with a broken bed and a broken boiler. On top of all this, he was preparing to become a dad. What should have been a proud and exciting moment in his life became one of immense stress and fear—fear that the bailiffs, given that they had nothing else left to take, might seize his baby daughter’s toys, her changing table or even her cot. As a father, I could sense the deeply personal pain behind that fear—the heartbreak of possibly failing her in the one way he still felt he could provide. Michael went from being a homeowner with a near perfect credit score to nearly losing everything. I am pleased to say that he is back on his feet, and although he is still paying the debt off he is hoping to clear it soon. He is doing well. I took him out on to the Terrace last week in the sunshine, and we reflected on how unfair bailiff practices had added to his hardship. I also recently met Adam, who got into debt through falling behind on council tax and card repayments after losing an agency job and struggling to find new work. His experience, like many others, began with letters and ended with visits to his home. As is often the case with rogue bailiffs, the visits were aggressive and intimidating. One forced his foot in the door, threatening to come in, which breaks virtually every rule in the book. Adam told me it was like “someone was trying to boot down the door”. He immediately told the bailiff that he had a disability and was classed as vulnerable. The bailiff said that he did not care and would take away Adam’s belongings regardless. A bailiff saying that he did not care? What cruelty! The enforcement system is broken and punishes those who are already struggling. When rules allow such passive, cruel indifference to people in crisis, it is not about one bailiff in one moment: it is about the sort of society we want to be. Adam had Government-funded equipment for his disability—a specially adapted device—but again the bailiff said that he did not care and would take it anyway. Adam contacted StepChange. Its advisers helped him to come up with a payment plan, which the bailiffs wrongfully refused. He became genuinely terrified of being at home on his own. Adam has made progress with his debts, and I welcomed him to Parliament last week alongside Michael. Both cases are littered with dozens of examples of unregulated rogue bailiff activity. The ECB does a good job, but many bailiffs are not in its perimeter. Statutory regulation would enable it to be even firmer and to drive up standards, so it is time for the Government to fix the regulation in the enforcement sector. I do not want anyone in this country to have to worry about losing their disability equipment or their children’s toys. No one should ever have to face the same hardship. Fourteen years of Conservative Government saw only a few, although welcome, tweaks to the law. That has to change. The Labour party is built on principles of social justice, equality and fairness. That is why we need to bring bailiff regulation on to a statutory footing, changing the lives of millions of people in the process. For Michael and Adam, and in honour of all that they and countless others have endured, let us bring in statutory regulation of the debt and civil enforcement sectors once and for all. Question put and agreed to. Ordered, That Mr Luke Charters, Adam Jogee, David Williams, Alex Baker, David Burton-Sampson, Amanda Martin, Callum Anderson, Lee Pitcher, Mike Reader, Alison Hume, Euan Stainbank and Dr Allison Gardner present the Bill. Mr Luke Charters accordingly presented the Bill. Bill read the First time; to be read a Second time on Friday 13 June, and to be printed (Bill 249).