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Proceeding contribution from Lord Borrie (Labour) in the House of Lords on Wednesday, 19 March 2008. It occurred during Debate on bill on Regulatory Enforcement and Sanctions Bill [HL].


Regulatory Enforcement and Sanctions Bill [HL]

Not really, my Lords. I imagine that there are more cases that are less deserving of criminal prosecution than those that are deserving of criminal prosecution. That is all that one needs to say on those figures. The greater flexibility that Part 3 provides is beneficial, so long as there are procedural safeguards—that was the point that I was making when the noble and learned Lord intervened. I do not think that the noble and learned Lord referred to them, but they require a notice with reasons of what the breach of the law has been, an opportunity for reply and a review. The regulator may then confirm his original view or not. If he confirms his original view, there is a right of appeal, albeit to an administrative tribunal. I do not bow to the noble and learned Lord in my regard for the magistrates’ courts and the Crown Court, but tribunals are not novel in 2008. There is another anniversary: it is the half-century of the Tribunals and Inquiries Act 1958, which was established following the famous Franks committee, under Sir Oliver Franks, as he was then, to ensure the impartiality, fairness, merit, speed and efficiency of tribunals, which had been questioned. In other words, tribunals have a high reputation, too, and they seem very suitable to be entrusted with the task of dealing with the kind of cases that we are talking about under Part 3 of this Bill.


Secondary information

Type
Proceeding contribution
Reference
700 c353 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Administration of justice Companies Business Inspections Fines Local government Magistrates' courts Sentencing Standards Small businesses Regulation Local Better Regulation Office
Legislation
Regulatory Enforcement and Sanctions Bill (HL) 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk