Proceeding contribution from Lord Cope of Berkeley (Conservative) in the House of Lords on Wednesday, 30 January 2008. It occurred during Debate on bill and Committee proceeding on Regulatory Enforcement and Sanctions Bill [HL].

Regulatory Enforcement and Sanctions Bill [HL]

I am not capable of adding to the great constitutional arguments advanced by my noble and learned friend Lord Lyell, but I have one query on the use of the word ““civil””. The sanctions are described in this clause as civil, but my noble and learned friend has explained that in many respects they are, in truth, criminal sanctions. After all, they all refer to offences. How can they be civil sanctions if they are against offences? The relevant subsequent clauses, such as Clause 37, refer to the penalties being imposed for an offence. If it is an offence, presumably it is a criminal sanction rather than a civil sanction. Why is it described as civil?

Secondary information

Type: Proceeding contribution
Reference: 698 c337-8GC
Session: 2007-08
Chamber / Committee: House of Lords Grand Committee
Subjects: Courts Business Civil proceedings Civil Aviation Authority Enforcement Fixed penalties Ofgem Fines Regulation Local Better Regulation Office Stop notices
Legislation: European Communities Act 1972; Regulatory Enforcement and Sanctions Bill (HL) 2007-08
Link: View this Proceeding contribution on www.publications.parliament.uk

Regulatory Enforcement and Sanctions Bill [HL]

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