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Debate on bill and Committee proceeding on Monday, 28 January 2008, in the House of Lords.

Regulatory Enforcement and Sanctions Bill [HL]

Secondary information

Type
Parliamentary proceeding
Reference
698 c215-74GC 
Session
2007-08
Department
Department for Business, Enterprise and Regulatory Reform
Legislative stage
Committee stage
Procedure
New clauses
Chamber / Committee
House of Lords Grand Committee
Related items
Proceeding contributions
Viscount Eccles | 698 c229GC (Link to this contribution) If I may press the point, does that mean another period of consultation of 12 weeks?
Show all contributions (109)
Lord Bach | 698 c234-7GC (Link to this contribution) I am grateful to my noble friend for raising this point and speaking to her Amendment No. 95. She ha...
Lord Hodgson of Astley Abbotts | 698 c231GC (Link to this contribution) moved Amendment No. 78: 78: Clause 26, page 12, line 3, leave out paragraph (b) The noble Lord sa...
Lord Jones of Birmingham | 698 c248GC (Link to this contribution) The LBRO’s ability to delegate its arbitration functions under paragraph 9 of Schedule 4 is critical...
Baroness Wilcox | 698 c240-1GC (Link to this contribution) I was not sure what was happening here, but now that the noble Baroness, Lady Hamwee, has explained ...
Lord Jones of Birmingham | 698 c241-2GC (Link to this contribution) I first assure the noble Baroness, Lady Hamwee, that the business’s right to appeal to the LBRO was ...
Baroness Hamwee | 698 c244GC (Link to this contribution) moved Amendment No. 88: 88: Schedule 4, page 46, line 28, leave out ““or directions”” The noble B...
Baroness Hamwee | 698 c215GC (Link to this contribution) moved Amendment No. 68: 68: Clause 24, page 10, line 15, leave out paragraph (b) The noble Barone...
Baroness Hamwee | 698 c221-2GC (Link to this contribution) moved Amendment No. 73: 73: Clause 25, page 11, line 8, at end insert— ““( ) providing general adv...
Lord Bach | 698 c264GC (Link to this contribution) The inclusion of a charging clause in the Bill has been welcomed by local authorities. Some stakehol...
Viscount Ullswater | 698 c274GC (Link to this contribution) The Committee stands adjourned until Wednesday.
Lord Lyell of Markyate | 698 c271-2GC (Link to this contribution) I rise briefly to support my noble friend, who has done us a great service by working in such detail...
Lord Bach | 698 c229GC (Link to this contribution) In our briefing this morning, I asked that very question of my officials. Truthfully, no; it is not ...
Lord De Mauley | 698 c227GC (Link to this contribution) We agree that it is insufficiently clear whether enforcement action includes informal advice and gui...
Lord De Mauley | 698 c226GC (Link to this contribution) I am grateful to the Minister for his response. Having heard what he said, which does not entirely a...
Lord Colwyn | 698 c239GC (Link to this contribution) I must inform the Committee that if Amendment No. 82 is agreed, I shall not be able to call Amendmen...
Lord Jones of Birmingham | 698 c238-9GC (Link to this contribution) This group of amendments covers two separate issues relating to LBRO arbitration. Perhaps I may leav...
Viscount Eccles | 698 c234GC (Link to this contribution) I have a great deal of sympathy with the amendment tabled by the noble Baroness, Lady Turner of Camd...
Baroness Hamwee | 698 c231GC (Link to this contribution) I tabled an amendment to ensure that I entirely understood the provision—I said that, had I wanted t...
Baroness Hamwee | 698 c229GC (Link to this contribution) I see the problem. I am grateful for that explanation. I thought that either guidance or secondary l...
Baroness Hamwee | 698 c229-30GC (Link to this contribution) moved Amendment No. 77: 77: Clause 26, page 11, line 35, leave out ““with the consent of”” and ins...
Viscount Eccles | 698 c229GC (Link to this contribution) Is there any idea by when it might have been prepared? There has been a lot of consultation and resp...
Lord Jones of Birmingham | 698 c249GC (Link to this contribution) I want to assure the noble Lord, Lord Cope, and Members generally. As I listened to that, I was thin...
Lord Cope of Berkeley | 698 c248-9GC (Link to this contribution) Before the noble Baroness withdraws her amendment, I suggest that the difficulty may be in the use o...
Lord Hodgson of Astley Abbotts | 698 c247-8GC (Link to this contribution) I, too, support the noble Baroness. We have set out a long and elaborate set of regulations, running...
Baroness Hamwee | 698 c248GC (Link to this contribution) It seems to me that ““delegation”” is not quite the right term, if that is what we are attempting to...
Lord De Mauley | 698 c242-3GC (Link to this contribution) moved Amendment No. 84A: 84A: Schedule 4, page 45, line 27, at end insert— ““Reference by regulate...
Lord Jones of Birmingham | 698 c262GC (Link to this contribution) I address my first remarks to the reference that the noble Lord, Lord Cope of Berkeley, made to McDo...
Lord Cope of Berkeley | 698 c262GC (Link to this contribution) I did not wish to cast any aspersions on McDonald’s. On the contrary, I, too, congratulate the compa...
Lord Cope of Berkeley | 698 c260-1GC (Link to this contribution) I was much reassured by what the noble Lord, Lord Jones, said about this clause and the issues behin...
Lord Borrie | 698 c256GC (Link to this contribution) If the amendments proposed by the noble Lord, Lord De Mauley, are accepted, in effect an enforcing a...
Lord Jones of Birmingham | 698 c256-9GC (Link to this contribution) I am sympathetic to the intentions behind Amendments Nos. 97 and 98. The noble Baroness, Lady Wilcox...
Lord De Mauley | 698 c255-6GC (Link to this contribution) I rise to speak to Amendments Nos. 97 and 98. The purpose of these probing amendments is to cater fo...
Viscount Colville of Culross | 698 c254GC (Link to this contribution) Perhaps the noble Baroness will forgive me if I say one word by way of thanks. I have no particular ...
Baroness Hamwee | 698 c255GC (Link to this contribution) moved Amendment No. 96: 96: Clause 28, page 12, line 34, at end insert ““LBRO or”” The noble Baro...
Viscount Colville of Culross | 698 c250-2GC (Link to this contribution) My Amendment No. 94 has been grouped with this, and I want to come at it from two different backgrou...
Lord Bach | 698 c252-4GC (Link to this contribution) These are important amendments and I am grateful for the opportunity they provide for me to give wha...
Lord Bach | 698 c219GC (Link to this contribution) I am sorry to interrupt the noble Baroness, but I do so only to congratulate her on a point that nei...
Lord De Mauley | 698 c224GC (Link to this contribution) moved Amendment No. 75: 75: Clause 26, page 11, line 16, leave out from ““is”” to ““it”” in line 1...
Baroness Wilcox | 698 c222GC (Link to this contribution) The amendments, proposed by the Trading Standards Institute, would ensure that the primary authority...
Lord Hodgson of Astley Abbotts | 698 c220-1GC (Link to this contribution) I am grateful to the Minister for the consideration that he has given to the amendment. I hope that ...
Baroness Hamwee | 698 c219GC (Link to this contribution) You knew you had done it, but you just could not find it; I am often in that situation myself. Two ...
Lord Bach | 698 c266-8GC (Link to this contribution) I am extremely grateful to my noble friend because he is right. Indeed, I am tempted to ask the nobl...
Lord De Mauley | 698 c266GC (Link to this contribution) How does the noble Lord suppose that home and lead authorities have managed to carry out this functi...
Lord De Mauley | 698 c264-5GC (Link to this contribution) Leaving out the clause would avoid the situation where a business that has in good faith paid all it...
Lord Bach | 698 c227-8GC (Link to this contribution) Again, we are grateful for the opportunity that this probing amendment presents to give some assuran...
Baroness Hamwee | 698 c226-7GC (Link to this contribution) moved Amendment No. 76: 76: Clause 26, page 11, line 34, at end insert— ““( ) In this Part ““enfor...
Baroness Hamwee | 698 c237-8GC (Link to this contribution) moved Amendment No. 79: 79: Schedule 4, page 44, line 25, leave out ““with the consent of LBRO”” ...
Lord Cope of Berkeley | 698 c234GC (Link to this contribution) I, too, have some sympathy with the general remarks made by the noble Baroness. I was worried about ...
Lord Jones of Birmingham | 698 c231-2GC (Link to this contribution) First, I assure the noble Lord, Lord Hodgson, that in the vast majority of cases—we talked in detail...
Lord Bach | 698 c229GC (Link to this contribution) I am grateful to the noble Viscount. We will need to consult fully on the content of this and the ot...
Baroness Hamwee | 698 c247GC (Link to this contribution) moved Amendment No. 91: 91: Schedule 4, page 47, line 1, leave out paragraph 9 The noble Baroness...
Lord Jones of Birmingham | 698 c248GC (Link to this contribution) Delegating the ability to get on with the job does not mean you delegate responsibility at the same ...
Baroness Hamwee | 698 c248GC (Link to this contribution) So far, I am not reassured. I hope I may be at a future stage. Not having the right in-house experie...
Lord Jones of Birmingham | 698 c245-7GC (Link to this contribution) I thank my noble friend Lord Borrie for his confidence in what I have to say. As an aside, I wish to...
Baroness Hamwee | 698 c242GC (Link to this contribution) I am grateful for the explanation. I apologise for my suggestion that the provision was not in the d...
Baroness Hamwee | 698 c264GC (Link to this contribution) moved Amendment No. 99: 99: Clause 29, page 13, line 9, after ““may”” insert ““following consultat...
Lord Hodgson of Astley Abbotts | 698 c261-2GC (Link to this contribution) I also have concerns about the way in which Clause 28 has been drafted. The Minister tried to reassu...
Lord De Mauley | 698 c259GC (Link to this contribution) I thank the Minister for his helpful response, particularly on Amendments Nos. 97 and 98. I said tha...
Lord Bach | 698 c254GC (Link to this contribution) I very much regret that the noble Viscount may not be present on Report but I hope that the words I ...
Baroness Hamwee | 698 c254-5GC (Link to this contribution) I, too, am grateful. I am reassured by the noble Lord’s example of an alarm ringing night or day. Th...
Baroness Hamwee | 698 c250GC (Link to this contribution) moved Amendment No. 93: 93: Clause 27, page 12, line 15, after ““which”” insert ““enforcement acti...
Baroness Wilcox | 698 c252GC (Link to this contribution) I support Amendment No. 94, which of course I would, given the examples already set out by the noble...
Baroness Hamwee | 698 c249GC (Link to this contribution) The Opposition will never object to a Minister saying, ““We will take that back””. I can think of ma...
Lord Faulkner of Worcester | 698 c215GC (Link to this contribution) I remind the Committee that if there is a Division in the Chamber while we are sitting, the Committe...
Lord Borrie | 698 c216GC (Link to this contribution) Where a business has a presence in more than one local authority, be it a supermarket of the kind wh...
Baroness Hamwee | 698 c215-6GC (Link to this contribution) No criticism is intended. Nevertheless, this is not unimportant. The amendment seeks to strike out ...
Viscount Eccles | 698 c216-7GC (Link to this contribution) If a multi-branch business has a primary authority, and one of its branches in another authority, th...
Lord Cope of Berkeley | 698 c216GC (Link to this contribution) The noble Baroness’s Amendment No. 69, on consultation, seems moderate, because it requires consulta...
Lord Bach | 698 c217-8GC (Link to this contribution) I am grateful to the noble Baroness, Lady Hamwee, for raising this important issue with her amendmen...
Lord De Mauley | 698 c268GC (Link to this contribution) I am grateful to the Minister for his response. I would make the point that while some local authori...
Lord Borrie | 698 c266GC (Link to this contribution) I am aware that they have been able to do that, but I do not think that it has been very satisfactor...
Lord Hodgson of Astley Abbotts | 698 c265GC (Link to this contribution) I, too, am concerned about this clause. The noble Lord, Lord Jones, described the emergence of new a...
Baroness Hamwee | 698 c264GC (Link to this contribution) I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 100 had been...
Lord Bach | 698 c274GC (Link to this contribution) If the noble Lord will forgive me, I think that he made a slip of the tongue. I hope that it was not...
Lord Selsdon | 698 c273-4GC (Link to this contribution) I am most grateful to the noble Lord, Lord Bach, for that reply: it is generous and kind and shows t...
Lord Bach | 698 c274GC (Link to this contribution) I suggest that we adjourn the proceedings of this Committee until Wednesday next at 3.45 pm.
Lord Selsdon | 698 c274GC (Link to this contribution) It says ““05”” on my brief; I am so sorry about that. I think that the oldest Act on my list is from...
Lord Hodgson of Astley Abbotts | 698 c271GC (Link to this contribution) Briefly, I support my noble friend who has done us a great service by raising this issue. Before he ...
Lord Bach | 698 c272-3GC (Link to this contribution) We are grateful to the noble Lord, Lord Selsdon, for his initiative in tabling these amendments at a...
Viscount Eccles | 698 c229GC (Link to this contribution) Is there any hope that we will see a draft statutory instrument before Report?
Lord Bach | 698 c225-6GC (Link to this contribution) I shall come to the point raised by the noble Lord, Lord Hodgson, a little later. The noble Lord, Lo...
Lord Hodgson of Astley Abbotts | 698 c224-5GC (Link to this contribution) When the Minister replies, could he explain again how this is to operate because it seems to me that...
Baroness Hamwee | 698 c239-40GC (Link to this contribution) moved Amendment No. 82: 82: Schedule 4, page 45, line 3, leave out paragraph 2 The noble Baroness...
Baroness Hamwee | 698 c239GC (Link to this contribution) The proper response is to thank the Minister and say that I will read it very carefully. I beg leave...
Baroness Turner of Camden | 698 c237GC (Link to this contribution) I thank the Minister for that detailed explanation, which I hope will satisfy some of those who have...
Baroness Turner of Camden | 698 c232-3GC (Link to this contribution) I rise to oppose Clause 26 and to speak to my Amendment No. 95 in the same group. I seek to replace ...
Lord Hodgson of Astley Abbotts | 698 c232GC (Link to this contribution) I am grateful to the Minister for the fact that the case has been considered. The road to hell is pa...
Lord Jones of Birmingham | 698 c230GC (Link to this contribution) I preface my comments with a recognition of the Government’s gratitude to the Welsh Assembly for its...
Lord Cope of Berkeley | 698 c230GC (Link to this contribution) I think the amendment is wrong. Given devolution, Welsh Ministers ought to be able to contribute to ...
Lord Cope of Berkeley | 698 c247GC (Link to this contribution) I was surprised to see this paragraph in the schedule. I support the noble Baroness in wondering wha...
Baroness Hamwee | 698 c247GC (Link to this contribution) In response to the noble Lord, Lord Borrie, I began by saying I wanted to know whether the Governmen...
Lord Borrie | 698 c245GC (Link to this contribution) I am sorry that the noble Baroness, Lady Hamwee, has pursued this matter, except for one fact: we ha...
Viscount Eccles | 698 c245GC (Link to this contribution) The Committee will not be surprised to hear that I fully support the amendments of the noble Barones...
Lord Bach | 698 c243-4GC (Link to this contribution) These amendments would give businesses operating in, and regulated by, only one local authority acce...
Lord De Mauley | 698 c244GC (Link to this contribution) I thank the Minister for his answer. His summary of what the amendments do seems right to me. Howeve...
Lord Jones of Birmingham | 698 c262-4GC (Link to this contribution) I shall address the two points raised by the noble Lord, Lord Cope. The first was about the ““patchw...
Baroness Hamwee | 698 c259-60GC (Link to this contribution) My Amendment No. 96 was introduced as a probing amendment and I am grateful for the clarification. A...
Lord Bach | 698 c215GC (Link to this contribution) That was at half-past seven on Wednesday.
Baroness Hamwee | 698 c218GC (Link to this contribution) I am grateful for that response. On Amendment No. 70, to which I have not spoken, the noble Lord say...
Baroness Hamwee | 698 c223-4GC (Link to this contribution) I am grateful for that answer. The Minister said that all functions currently carried out by the hom...
Lord Cope of Berkeley | 698 c222GC (Link to this contribution) Is it envisaged that some of the voluntary arrangements will continue indefinitely alongside the new...
Lord Bach | 698 c222-3GC (Link to this contribution) We understand that some concern has been expressed that operating the primary authority scheme—which...
Lord Bach | 698 c220GC (Link to this contribution) It goes without saying that of course we would expect the primary authority to give advice to other ...
Lord Hodgson of Astley Abbotts | 698 c219-20GC (Link to this contribution) moved Amendment No. 72: 72: Clause 25, page 11, line 6, after ““authorities”” insert ““when reques...
Lord Selsdon | 698 c268-71GC (Link to this contribution) moved Amendment No. 103A: 103A: After Clause 33, insert the following new Clause— ““PART 2A Powers...
Lord Borrie | 698 c265-6GC (Link to this contribution) The merits of the primary authority scheme are that it will be in the public interest and in the int...
Baroness Wilcox | 698 c272GC (Link to this contribution) We on these Benches support the amendments tabled by my noble friend Lord Selsdon to include in this...
Subjects
Business Fees and charges Exemptions Franchises Local government Powers of entry Small businesses Regulation Local Better Regulation Office
Legislation
Regulatory Enforcement and Sanctions Bill (HL) 2007-08
Link
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