In 1760, William Pitt (the Elder) made a famous declaration of this right. "The poorest man may in his cottage bid defiance to all the force of the Crown. It may be frail, its roof may shake, the wind may blow through it. The rain may enter. The storms may enter. But the king of England may not enter. All his forces dare not cross the threshold of the ruined tenement."
This right to refuse forced entry held for centuries until the Labour government, with its cavalier disregard for personal privacy, came along. In 2004, it introduced the Domestic Violence, Crime and Victims Bill, which contained a power to force entry in connection with unpaid fines imposed for criminal offences. This was a significant departure from the common law that merited a wide debate; yet it was included in a measure that, on the face of it, had nothing to do with bailiffs. The Government maintains that it was fully considered by Parliament; but it depends what you mean by fully. The Bill was in its final day in committee when ministers tabled "urgent" new proposals to show they were "getting tough" with fine dodgers.
Monday, 12 January 2009
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