Skip to main content
Site logo

Main navigation

  • About Mark
  • News
  • The Welsh Parliament
  • Campaign Responses
  • Contact
  • CY
Site logo

MS warns that Welsh legislation on debt collectors would be unenforceable

  • Tweet
Friday, 15 December, 2023
  • Senedd News

 

 

North Wales MS Mark Isherwood has today expressed concern regarding the practice of some debt collection agents in Wales, but warned that Welsh legislation to regulate them would be largely unenforceable.

The purpose of the Bill, put forward by Jack Sargeant MS, would be to:

a) place a duty on public service providers to only use debt collectors who sign up to a Code of Conduct that protects vulnerable people in a cost-of-living crisis;

b) introduce a Wales-wide Code of Conduct for all debt collection agents registered in Wales; and

c) further empower local trading standards authorities to take action against agents who mislead residents about their powers and residents’ rights.

 

However, speaking in this afternoon’s Debate on ‘a Member's Legislative Proposal; A Bill on the regulation of debt collectors”, Mr Isherwood outlined issues with the proposal.

He said:  

“Given the horror stories we have all heard, we fully share concern about the issue that this proposed Bill seeks to address and support the intent behind it.

“However, Senedd Lawyers have advised that a Bill to regulate debt enforcement agents would be outside the legislative competence of the Senedd. This is on the basis that the ‘enforcement of orders of the courts’ is a reserved matter’.   

“Senedd Lawyers additionally advise that ‘a Bill to regulate debt collection agents would also likely fall outside the competence of the Senedd’. 

“This is on the basis that aspects of debt collecting are regulated by the Financial Conduct Authority, and therefore would likely relate to the reserved matter of ‘financial services’.”

Mr Isherwood also raised issue with the call to “place a duty on public service providers to only use debt collectors who sign up to a Code of Conduct that protects vulnerable people in a cost-of-living crisis”, pointing out that vulnerable people need to be protected at all times.  

He added:

“In terms of the “Code of Conduct”, Senedd Lawyers added that in order for this to be within competence, it would have to be a “voluntary” code and could not be enforceable as this would amount to ‘Regulation’.

“I would therefore be grateful if the Member could explain how he would ensure such a Code of Conduct was within Senedd competence – and, if it is intended only to be voluntary, how effective, or workable that would be?”

Mr Isherwood also emphasised that it is already a legal requirement for a debt collection agency to register as a debt collection agency that is legally able to act and recover debt on behalf of a creditor.

He added:

“Further, once they have registered, they must follow the guidelines set out by the Financial Conduct Authority, the Financial Ombudsman Service, and the Competitions and Markets Authority, each of which may also supervise these businesses.

“Recovery Actions that could be deemed harassment or abusive and are not permitted already include ‘entering a debtor’s home without consent’ and ‘pressuring a debtor to make payments they cannot afford’. 

“The real issue is therefore one of enforcement, not largely unenforceable legislation.”

You may also be interested in

Welsh Conservatives Oppose Devolution of Crown Estate

Wednesday, 1 October, 2025
With the Welsh Government continuing to advocate for the devolution of the Crown Estate, North Wales MS Mark Isherwood has challenged them over the statement by the Secretary of State for Wales in the UK Government that “it would not automatically lead to more money for the Welsh Government”.In yest

Show only

  • Articles
  • Assembly News
  • European News
  • Holyrood News
  • Local News
  • Reports
  • Senedd News
  • Speeches
  • Speeches in Parliament

Mark Isherwood Welsh Conservative Member of the Senedd for North Wales

Footer

  • About RSS
  • Accessibility
  • Cookies
  • Privacy
  • About Mark Isherwood
  • About North Wales
  • The Welsh Parliament
Welsh ParliamentThe costs of this website have been met by the Senedd Commission from public funds Promoted by Mark Isherwood on his own behalf.

Neither the Welsh Parliament, nor Mark Isherwood are responsible for the content of external links or websites.

Copyright 2025 Mark Isherwood Welsh Conservative Member of the Senedd for North Wales. All rights reserved.
Powered by Bluetree