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Legislative and Regulatory Reform Bill

I beg to move, That this House agrees with the Lords in the said amendment. The amendment makes explicit what was implicit in the draft of the Bill that left this House. 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 unlawful and criminal activities such as drug dealing or people trafficking. In other words, the amendment makes it clear that only lawful activities would be affected by orders carried through for better regulation purposes. It is therefore a safeguard against inappropriate use of the order-making power. It would ensure that any change to sanctions for unlawful activity could not be delivered by an order under the Bill, but must be made through an alternative route. It is possible by order to repeal offences, or to reduce or remove sanctions for offences, which affect the carrying on of any lawful activity. This is not new; it was possible under the Regulatory Reform Act 2001 as well. It has been shown to be a useful power in delivering better regulation and the provision will ensure that offences can be repealed and that sanctions can be reduced or removed when they are considered no longer to be targeted or appropriate. The Bill also carries over the ability under the present Act 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.