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Regulatory Enforcement and Sanctions Bill [HL]

My Lords, I apologise to the noble Baroness, Lady Hamwee, for making visible on my face that I disagree with what she said. It was partly because Clause 6 states: "““A local authority … must have regard to any guidance given to it under this section””." That is an important part of Clause 6. Without a back-up or reserve power of some sort, as there is in Clause 7, it would be very odd. To avoid that oddness, it seems quite right that in Clause 7 the LBRO may direct a local authority to comply with guidance. As the noble Baroness herself said, the Government and the LBRO must work together—I think that that is a fair way of putting it—because of the provision in Clause 7 that: "““LBRO may not give a direction … without the consent of the Secretary of State””." That is a useful safeguard for those who, like the noble Viscount, feel that we have here an untried body that might ride roughshod over local authorities. I return to the basics of Clauses 6 and 7. The whole point of the Local Better Regulation Office is that it has some degree of surveillance over local authorities and can give guidance to them, especially in the use of their regulatory powers. That beneficial power is the basis of Part 1. The noble Viscount is not being as root and branch in his opposition as he was at earlier stages. I am glad of that. Perhaps he accepts, as I think that he did in his speech today, that there might be such a thing as a recalcitrant local authority that does not comply, will not comply and is determined not to comply with the guidance offered by the Local Better Regulation Office. I oppose his amendment to delay the effect of any enforcement until a year has passed because, if the local authority is recalcitrant, it may be recalcitrant right from the word go. It may be determined from the word go not to comply with particular guidance. In those circumstances, what is the point of having a year’s delay before the LBRO can enforce the guidance that it thinks right to give? Imposing such a time limit would be an unfortunate hobbling of the new body and not at all beneficial to the public interest and the interest of the electorate in the local authority areas concerned.