The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use reasonable force against householders who try to protect their valuables.
Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans.
The government, which wants to crack down on people who evade debts, says the new powers would be overseen by a robust industry watchdog. However, the laws are being criticised as the latest erosion of the rights of the householder in his own home.
These laws strip away tried and tested protections that make a persons home his castle, and which have stood for centuries, said Paul Nicolson, chairman of the Zacchaeus 2000 Trust, a London-based welfare charity. They could clearly lead to violent confrontations and undermine fundamental liberties.
Bailiffs have for hundreds of years been denied powers to break into homes for civil debt or to use force against debtors, except in self-defence. In a famous declaration, William Pitt the Elder, the 18th-century prime minister, said: The poorest man may in his cottage bid defiance to all the forces of the crown. Ministers have now proposed bailiffs be given powers to physically remove debtors who try to defend their property, for example by draping themselves over a car or blocking the door of their home. Lord Bach, a junior justice minister, has assured the House of Lords that any new powers will be implemented only after a consultation and will not be used to search debtors pockets or to remove jewellery.
It emerged last week that Her Majestys Courts Service has already handed out guidance to privately employed bailiffs, pointing out that under legislation passed in 2004 they can already break down doors as a last resort to collect court fines.
Some restraint should be exercised, according to the search and entry powers guidelines. If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall, it advises.
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