Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 62: 62: Schedule 12 , page 203, line 21, at end insert— ““( ) This Act expressly preserves all common law rights restricting entry by force to a private dwelling by a civil enforcement agent.”” The noble Lord said: I shall speak also to Amendments Nos. 78, 63, 68, 67, 72, 69, 71 and 73. The amendment is intended to undergo the damage to a constitutional convention under the Domestic Violence, Crime and Victims Act 2004. I shall speak in particular to Amendment No. 67. The Act tore up 400 years of common law that had achieved balance of justice between bailiffs and debtors. Neither this House nor another place were informed about that vital history of the common law when the Bill was debated. ““An Englishman's home is his castle”” is one of the best-known and most influential maxims of English law. The rule is arguably one of the foundations of private life in England and Wales, along with the right to self-defence in the home. Brewer’s Dictionary of Phrase and Fable records: "““Englishman's castle. His house is so called, because as long as a man shuts himself up in his own house, no bailiff can break through the door to arrest him or seize his goods””." The saying originates from the judgment in the Semayne case, which laid down the role that no one may break into a dwelling house without proper lawful authority. For generations, this principle has been recited in numerous judgments and has been an unspoken presence in many more. It is a perfect example of how common-law rule has entered into the language and culture and shaped social conduct thereafter, to the point that it is accepted automatically and even unconsciously by all law-abiding citizens. In 1964, Lord Denning, in Southam v Smout, quoted a speech in Parliament by William Pitt the Elder, first Earl of Chatham, which is described as the classic passage on the principle. He said: "““The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter—the rain may enter—but the King of England cannot enter—all his force dares not cross the threshold of the ruined tenement””." We maintain that the Government have lost all sense of proportion by sweeping away such wisdom from the law. From 1604 to 2004, the bailiffs had to enter domestic premises peacefully. Forcible entry and the use of force against the person by bailiffs were not allowed. Now, for fines with a warrant, bailiffs can force entry without notice and, it is proposed, restrain the defaulter. The Bill will also allow bailiffs to restrain, with force against the person, debtors who interfere or threaten to interfere with their seizure of goods. The Government have received a copy of the minute from the meeting of the Enforcement Law Reform Group, which comprises bailiffs, creditors and the advice sector, showing that none of them wants the Government to allow bailiffs to restrain debtors who interfere with their work, preferring to rely on the general right to self-defence. Such a bad law will certainly be used and abused. I can visualise the possibility of an unemployed lone parent with several children receiving benefits and under stress because of her poverty. Indeed, the DCA has been shown a copy of an Answer to a Parliamentary Question showing that all unemployment benefits are below the Government’s poverty threshold. The lone parent has been fined for failure to pay her TV licence, which the DCA now refers to as a criminal fine, when such fines have in the past been enforced as a civil debt, as they are a debt to the Crown. She has debts to Provident plc, the leading home credit company, of £500, on which she pays £300 in interest over a year. HM Revenue and Customs was late cancelling the child benefit for her eldest son when he reached 18, finished full-time education and left home, so she is repaying an £800 overpayment. She has not responded to the summons about the TV licence because she is semi-literate and cannot afford the transport to the courts, and there is no one to look after the children while she is out. She is fined disproportionately in her absence. The male civil enforcement officer has a warrant to seize her goods to cover the fine and his fees. He forcibly enters the property with a male colleague, she threatens to punch him on the nose, the two men hold her down, and a fight ensues. The children join in defence of their mother and are traumatised. In different circumstances, social services put children on the at-risk list when they are traumatised by domestic violence between partners. Any complaint will be her word against the bailiffs, and the chances of her having advice or legal aid are very slim. Repercussions in the community against the bailiffs are more likely than any appeal. Such a bad law authorising violence will certainly be used and abused by bailiffs. Noble Lords may think that I have put together an extreme sob story, but every bit of it could actually happen. The problem of increasing violence against the officers of the state and others in public office is very serious, and is faced by bailiffs, civil enforcement officers, probation officers, police, social workers, doctors and nurses, and sometimes even the clergy. It needs to be addressed across the board rather than piecemeal or in a manner that will create more violence, as in the particular case of the proposals for bailiffs. I ask the Government to think again about the clauses that make the way for regulations authorising restraint against the person. I beg to move.