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Scottish Enforcement Bill Controversy

 
The Scottish Parliament?s Social Justice Committee has called for evidence on the ?Debt Arrangement and Attachment (Scotland) Bill?.

This is the Bill which the Scottish Executive (Government|) have introduced in response to the Act which abolished poindings and warrant sales - but not to come into force until December 2002.

The Scottish Executive were concerned the abolition bill would leave a gaping hole in the law, allowing unscrupulous debtors to evade their financial responsibilities.

The executive introduced the debt arrangement bill in an effort to ensure those who could pay their debts did, in fact, do so.

Calling for written evidence to be submitted by 19th July 2002, the Justice Committee stated that the Executive?s policy is to ?create a national statutory debt arrangement scheme and establish a humane and workable alternative to the diligence poinding and warrant sale which is to be abolished no later than 31st December 2002."
Whilst the Social Justice Committee was happy to take written evidence from any interested party, those being allowed to give oral evidence have been strictly vetted and numerically limited. They include the following:

The association of sheriff officers and messengers at arms.
Glasgow legal services association
Scottish law centre
Dundee city council
Cosla
Sheriff court users association
Institute of credit management
Money advice Scotland
Association of credit unions
Citizens advice Scotland
Scottish consumer council

Mike Daily, principal lawyer with the Govan Law Centre, who assisted Tommy Sheridan in introducing his Bill, which in effect is being ignored by the Debt Arrangement Bill, is furious because neither he, nor any organisation which he represents, have been asked to give oral evidence.

Daily described the whole consultation process as being "a sham?.In response a parliamentary spokesman said there was a strict timetable in place to ensure the new system of debt enforcement would be operation by the end of this year in which was why the parliament simply had to press ahead.

Stephen Cowan
Yuill & Kyle Debt Recovery & Credit Control Lawyers Scotland
79 West Regent Street, Glasgow G2 2AR
Tel: 0141-572-4251
Email: scowan@yuill-kyle.co.uk
Website: www.debtscotland.com
 
 
 
 
 
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