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Regulatory Enforcement and Sanctions Bill [Lords]

I commend the hon. Lady on her perseverance. I think I am right in saying that she tabled similar amendments in Committee, but just missed the deadline. We now have an important opportunity for us to consider the points that she has raised, several of which she expressed extremely well. It should be borne in mind that the principles behind the amendment are supported by the Local Authorities Co-ordinators of Regulatory Services, the principal local government body responsible for raising the quality of local regulations. It is curious that, at this stage, LACORS has serious reservations about the operation of the Bill and, in particular, the clauses that the hon. Lady seeks to amend. I share the hon. Lady’s concerns about the potential for this power of direction to undermine the authority of an enforcing council which itself—as she said—has a democratic mandate. How can we understand what that might mean in practice? Let me put it rather more simply. I have no doubt that if, for example, Solihull council were to direct Wolverhampton’s local authority, and the elected members of that authority felt that their ability to enforce as they saw fit was being undermined, they would understandably and rightly protest. Indeed, I suspect that they might protest to their Member of Parliament, who sits opposite me as I speak. In view of that, can the Minister—not least as a member of the Government, but also, obviously, as the elected representative of a large proportion of the city of Wolverhampton—explain to us, and potentially to his constituents, why he feels that his local authority should be so directed by Solihull council or, indeed, by any other local authority? It appears that he does not wish to respond now, but perhaps he will do so at the end of the debate. He is obviously keeping his powder dry until that stage. It is important for us to hear his response, because it will mean the same to all of us as Members of Parliament, who will often be the recipients of complaints and anxieties expressed by constituents. To an extent our discussion in Committee about the potential for conflict and confusion between local authorities is reflected in the amendments, although they are different from the amendments that we discussed then. A power of direction does, of course, have benefits, notably in improving the consistency and quality of regulation. That is important to businesses of all sizes—small, medium or large. However, given the Government’s record of centralising rather than localising power, it is vital for the Minister to state clearly why he believes that the proposed power is appropriate—whether it is exercised in Wolverhampton or elsewhere—and why he considers that he can justify interference in what are, after all, the powers of a directly elected council. As I implied in my earlier intervention, I am concerned about the confidence that consumers will have in the system. Clearly good trading standards will rely largely on consumers’ being confident, willing and able to complain, register and seek redress. There is potential for confusion, not least if someone who has complained to a local authority then finds that the action it proposed has been overridden by a different local authority from another part of the country. There is a danger that consumers may be confused and, if they subsequently make complaints or seek redress, they may lack confidence in what they are told because it could be overridden elsewhere. We need to explore through these amendments whether that potential for confusion could undermine public confidence. I hope that the Minister will be able to respond positively.