---

Legislative and Regulatory Reform Bill

moved Amendment No. 3: Page 1, line 13, leave out from ““otherwise,”” to end of line 14 and insert ““which affects the carrying on of any lawful activity”” The noble Lord said: My Lords, I apologise to the noble Lord, Lord Jenkin, for mispronouncing his name. It was a slip of the tongue. This is a minor and technical amendment, but one which provides a specific response to points made by noble Lords in Committee. The amendment makes explicit that which is implicit in the present draft of the Bill; namely, that the ability to remove sanctions for doing or not doing something in the course of an activity does not permit the removal of sanctions from activities such as drug-dealing, people-trafficking or other unlawful activities. This is an important and essential safeguard against any inappropriate use of the order-making power and should ensure that any change to sanctions for unlawful activity must be delivered by primary legislation, subject to detailed parliamentary debate. It is possible, by order, to repeal offences, or reduce or remove sanctions for offences which relate to the carrying-on of any lawful activity. This is not new and was possible under the Regulatory Reform Act 2001. It has been shown to be a necessary power to deliver better regulation so that offences can be repealed and sanctions reduced or removed where they are no longer considered to be targeted or appropriate. The Bill also carries over the ability under the present legislation by order to replace sanctions with new sanctions, or to create a new offence that is punishable on indictment up to a limit of two years’ imprisonment. I beg to move. On Question, amendment agreed to. [Amendment No. 4 not moved.]