Bailiffs: Regulatory Reform

Ian Paisley Excerpts

Wednesday 9th January 2019 Westminster Hall

[Ian Paisley (North Antrim) (DUP)]

I congratulate the hon. Member for Wolverhampton North East (Emma Reynolds) on getting today’s debate on the agenda. I agree wholeheartedly that we should be helping people, not penalising them, and that there is certainly a need for regulatory change on the British mainland.

May I cite the example of Northern Ireland? Bailiffs do not operate in Northern Ireland; we have a very different system, which I recommend that the Minister should examine when she considers how to take action on the points raised today. Indeed, the attitude of, “If you have it and you haven’t paid, we will seize it”, I see on popular television programmes, which is alien to many people in Northern Ireland who face debt issues.

Enforcement officers in Northern Ireland can go out only if they have a court order and are accompanied by a police officer. Enforcement is strictly and specifically done via court order, and the individual in question knows that it is happening and, ultimately, when it will happen. This is therefore not a common practice, as it is on the British mainland. Even in the Republic of Ireland, where bailiffs do operate, the court order has to contain the name of the bailiff who will go to the person’s home. It is an open and transparent system, which can be challenged.

Why is that the case? Northern Ireland’s troubled past is very clear. Having gangs or groups of people who are allowed to “enforce” in Northern Ireland without police supervision could be very dangerous, given our paramilitary past and the issues that pertain there. Indeed, there are some very detailed cases that show why that should be avoided. Most recently, for example, in Roscommon in the Republic of Ireland, a Northern Ireland enforcement team was employed by a bank to seize a property that a mortgage had not been paid on for 16 years. The enforcement order in the Republic of Ireland contained the name of the bailiffs who would attend the property and remove the people who had not paid for it. Unfortunately, it spiralled into a very serious crime situation.

The bailiffs, or the enforcement officers from Northern Ireland who were employed, many of them ex-soldiers and some of them ex-police officers, were charged upon by about 40 people in a gang. A chainsaw was taken to the door, the door was removed, and the bailiffs were dragged out of the property, tied up and beaten. One of them received a fractured skull, another a broken arm. The dog that they had with them to do security work and to look after the property that evening was killed. One of the bailiffs was forced with a gun pointed to his head to eat the faeces that the dog had left. So we had a very serious situation.

Thankfully, the Guards in the Republic of Ireland have arrested four people and hopefully charges will pertain in that case. However, it shows the difficulties in a situation that has grown up with crime, and I see crime developing here on the British mainland in many of our cities, where there is anger and instant “law of the jungle” retribution. We saw that here in this city last night, with people stabbing a boy who had driven into their car. Allowing that sort of attitude to develop in a country will lead to a law of the jungle mentality. The culture change that the hon. Member for Wolverhampton North East argued for is therefore absolutely essential.

We do not need gangs of people to be asked to do this work; rather, we need a managed response to debt. Debt has to be addressed and ultimately, of course, paid, and the person has to take responsibility for paying off their debts. But when enforcement officers humiliate people, and when they feel vulnerable in their own properties and do not know their rights, as Members have described, that needs to addressed through proper regulation. I therefore support the motion moved by the hon. Lady and hope that the Government will look at the example of Northern Ireland and ask, “How have they been able to get away from creating a situation that would have deteriorated into a downward spiral of the law of the jungle?”