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Regulatory Enforcement and Sanctions Bill [HL]

My Lords, I made a point in Committee which the noble Lord, Lord Borrie, has not addressed. As I understand it, the Bill intermingles the concepts of criminal and civil law in a virtually inextricable way. Clause 38(1) states: "““The provision which may be made under this section is provision to confer on a regulator the power by notice to impose a fixed monetary penalty on a person in relation to a relevant offence””." Then, for good measure, it adds a criminal burden of proof in subsection (2): "““Provision under this section may only confer such a power in relation to a case where the regulator is satisfied beyond reasonable doubt that the person has committed the relevant offence””." Therefore, we are dealing with things which have been treated and held to be offences to the high standard of criminal law, and that is a subject to which the noble and learned Lord’s amendment relates and it is the point that he is making.