Tribunals, Courts and Enforcement Bill [Lords]

All right. I am happy to share the hon. Gentleman’s concern for the most vulnerable in society; there would be few in the Chamber who would say that they did not. As I have said, it is proposed that, in specific cases, there will be an application to a judge if there is a need to permit an enforcement agent to use reasonable force to enter premises. The judge will have to have regard to a whole catalogue of criteria before making his or her decision. For instance, it is intended that the court’s power will be used only as a last resort. The judge needs to be satisfied of that. All relevant other methods of enforcement, such as attachment of earnings, peaceable entry, and walk-in possession—now to be called controlled goods agencies—should have failed. The property should be inhabited by the debtor. Normal entry attempts—peaceable entry—should have been unsuccessful. There should be reason to believe that there are suitable goods on the premises to satisfy the debt and there should be evidence to support that reasonable belief. The enforcement agent should have considered the likely means required to gain entry and should be able to—and will—leave the property in a secure state. We would urge judges to take into account other factors, such as the size of the debt, the type of the debt and any other information about the debtor’s personal circumstances. He can put conditions on the power if he chooses to grant the application.