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Proceeding contribution from Lord De Mauley (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]

We of course support Amendment No. 134. We also support Amendments Nos. 144 and 154. Amendment No. 151 seeks to do much the same thing, in that it would enable a business in receipt of a notice of intent to opt instead for a court action, thereby ensuring that the court option would not only be available at the desire of the regulator, but also of the accused. It would therefore act as a brake on any regulator who tried to use the civil sanction procedure as an easy option to cut corners in determining whether an offence has been committed and in collecting the appropriate evidence. The prospect of a criminal conviction would act as a deterrent against a situation where a business used this route deliberately to bog down the system. In other words, other than where it had good reason to believe it would succeed.


Secondary information

Type
Proceeding contribution
Reference
698 c377GC 
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