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Debate on bill and Committee proceeding on Wednesday, 6 February 2008, in the House of Lords.

Regulatory Enforcement and Sanctions Bill [HL]

Secondary information

Type
Parliamentary proceeding
Reference
698 c561-614GC 
Session
2007-08
Department
Department for Business, Enterprise and Regulatory Reform
Procedure
New clauses
Chamber / Committee
House of Lords Grand Committee
Related items
Deposited Paper DEP2008-0727
Thursday, 13 March 2008
Deposited papers
House of Lords
Proceeding contributions
Viscount Colville of Culross | 698 c577-8GC (Link to this contribution) It was remiss of me not to welcome the noble Baroness, Lady Vadera, at the beginning, but I thought ...
Baroness Vadera | 698 c575-7GC (Link to this contribution) I thank noble Lords for their welcome. It is a pleasure to be here in Committee. On the point made b...
Show all contributions (88)
Viscount Colville of Culross | 698 c578GC (Link to this contribution) moved Amendment No. 156: 156: Clause 51, page 23, line 28, leave out ““section 40”” and insert ““s...
Lord Bach | 698 c565-6GC (Link to this contribution) The Committee will be very grateful to the noble Viscount—the Government certainly are—for raising t...
Lord Razzall | 698 c597GC (Link to this contribution) I have no pride in the wording here. Clearly the intention is to publish a list of people where an e...
Lord Bach | 698 c586GC (Link to this contribution) The answer is yes, they are, but I am saying on the record that we do not consider that such tribuna...
Lord Razzall | 698 c596-7GC (Link to this contribution) moved Amendment No. 179A: 179A: After Clause 66, insert the following new Clause— ““Regulatory tra...
Lord Hodgson of Astley Abbotts | 698 c597GC (Link to this contribution) I am not unhappy with this proposal, but I wonder if the noble Lord, Lord Razzall, could clarify a p...
Baroness Vadera | 698 c593GC (Link to this contribution) All government departments, as noble Lords will know, are expected to conduct a post-implementation ...
Lord De Mauley | 698 c590GC (Link to this contribution) moved Amendment No. 163A: 163A: Clause 61, page 27, line 13, leave out paragraph (a) and insert— “...
Baroness Wilcox | 698 c613-4GC (Link to this contribution) I thank the Minister for her explanation of why she does not think that in this instance a sunset cl...
Baroness Wilcox | 698 c611-2GC (Link to this contribution) moved Amendment No. 193: 193: Clause 72, page 33, line 17, at end insert— ““( ) This Act shall cea...
Lord De Mauley | 698 c609GC (Link to this contribution) I support my noble friend’s amendment. To the lay businessman, the obvious place to look in an Act o...
Lord Bach | 698 c609-10GC (Link to this contribution) I should not be surprised that the noble Lord, Lord Hodgson, has raised this point and we are gratef...
Lord Berkeley | 698 c606GC (Link to this contribution) I am very grateful to my noble friend. On a point of clarification, my amendment would not exclude t...
Baroness Vadera | 698 c603-5GC (Link to this contribution) I welcome this opportunity to discuss Part 4 and set it in the context of the whole better regulatio...
Lord De Mauley | 698 c602GC (Link to this contribution) I should say to the noble Lord, Lord Borrie, that, unfortunately, the ““as amended”” version of Clau...
Lord Berkeley | 698 c601-2GC (Link to this contribution) I shall speak briefly to my Amendment No. 191 and to the other amendments in the group. I support wh...
Lord Bach | 698 c587GC (Link to this contribution) Indeed. I hope that what I have said on the record will go some way towards assuring the noble Lord ...
Lord Cope of Berkeley | 698 c588GC (Link to this contribution) moved Amendment No. 161: 161: After Clause 53, insert the following new Clause— ““Publicity (1) Wh...
Lord Bach | 698 c589GC (Link to this contribution) I am grateful to the noble Lord, Lord Cope, because this is an interesting and perhaps difficult are...
Lord Bach | 698 c585-6GC (Link to this contribution) Knowing the noble Baroness, I am sure that she said it in strong terms. As the two noble Lords poin...
Lord Cope of Berkeley | 698 c586GC (Link to this contribution) Are not administrative tribunals in some cases created under enactment?
Lord Cope of Berkeley | 698 c587GC (Link to this contribution) The point behind my intervention is that those tribunals would still be within the terms of the Bill...
Baroness Harris of Richmond | 698 c585GC (Link to this contribution) I made that comment to my noble friend Lord Razzall.
Lord Razzall | 698 c574GC (Link to this contribution) I omitted to do the same. I apologise.
Lord Bach | 698 c572GC (Link to this contribution) Will the noble Baroness give way for a moment? This is in order, I hope, to be of assistance. In due...
Lord De Mauley | 698 c569GC (Link to this contribution) I thank the Minister for that. I shall need to look carefully at what he said, some of which I found...
Baroness Wilcox | 698 c572GC (Link to this contribution) had given notice of her intention to move Amendment No. 148: 148: Clause 41, page 18, line 7, leav...
Lord De Mauley | 698 c572GC (Link to this contribution) I am grateful to the Minister. I will need to go away and think about his point about a clearer defi...
Lord Bach | 698 c568-9GC (Link to this contribution) I cannot guarantee that those criteria will be in final form by the time we get to Report. However, ...
Lord Bach | 698 c567GC (Link to this contribution) Before the noble Viscount decides what he will do with his amendment, I have been advised that local...
Viscount Colville of Culross | 698 c567GC (Link to this contribution) I am sure that my colleagues in the Office of Surveillance Commissioners will be glad to read what t...
Lord Colwyn | 698 c561GC (Link to this contribution) I start with the usual reminder that, if there is a Division in the Chamber while we are sitting, th...
Lord Bach | 698 c597-8GC (Link to this contribution) We are grateful to the noble Lord, Lord Razzall, and we agree that regulators should publicise the d...
Lord Goodlad | 698 c594GC (Link to this contribution) moved Amendment No. 168: 168: Clause 64, page 28, line 41, leave out ““direct”” and insert ““by or...
Lord De Mauley | 698 c594-5GC (Link to this contribution) I rise to support these amendments. We think that the schemes established in the Bill will create an...
Lord Bach | 698 c595-6GC (Link to this contribution) The suspension power is intended to provide a safeguard against any improper use of the new sanction...
Lord Bach | 698 c592GC (Link to this contribution) moved Amendment No. 164: 164: Before Clause 63, insert the following new Clause— ““Compliance with...
Baroness Vadera | 698 c589-90GC (Link to this contribution) moved Amendment No. 163: 163: Clause 60, page 26, line 38, at end insert— ““( ) Where a statutory ...
Lord Razzall | 698 c612GC (Link to this contribution) I rise with some trepidation to support Amendment No. 193 in the name of the noble Baroness, Lady Wi...
Lord Hodgson of Astley Abbotts | 698 c610-1GC (Link to this contribution) I am grateful to the Minister although I am disappointed that he should suggest that my question is ...
Lord Bach | 698 c611GC (Link to this contribution) The noble Lord, as always, is persuasive. Having considered what he has just said, we will consider ...
Lord Hodgson of Astley Abbotts | 698 c607-9GC (Link to this contribution) moved Amendment No. 192: 192: Clause 71, page 33, leave out line 13 and insert— ““(1) Part 1 of th...
Baroness Vadera | 698 c606GC (Link to this contribution) I take my noble friend’s point, and I hope that his concern will be addressed by the suggestion made...
Lord Borrie | 698 c602-3GC (Link to this contribution) Perhaps I may say an additional word before my noble friend responds to the debate. On the amendment...
Lord Bradshaw | 698 c600-1GC (Link to this contribution) Briefly, I support what the noble Lord, Lord Borrie, has said. The principal economic regulators hav...
Lord Borrie | 698 c598-600GC (Link to this contribution) moved Amendment No. 180: 180: Clause 68, page 31, line 16, leave out ““secure”” and insert ““keep ...
Lord Razzall | 698 c600GC (Link to this contribution) I have enormous sympathy with the proposals in these amendments. Part 4 poses a significant issue fo...
Baroness Wilcox | 698 c587GC (Link to this contribution) I thank the Minister for the care with which he has responded to the two amendments, especially as I...
Lord Cope of Berkeley | 698 c589GC (Link to this contribution) Given that undertaking, I am happy to seek leave to withdraw the amendment. I have no particular pri...
Baroness Wilcox | 698 c572GC (Link to this contribution) I am only too delighted not to speak to the amendment, on which I had only a few lines to repeat. It...
Baroness Wilcox | 698 c574GC (Link to this contribution) The notice of my intention to oppose Clause 46 standing part of the Bill has been grouped with these...
Lord Razzall | 698 c573-4GC (Link to this contribution) I support the noble Viscount’s point. Our Amendment No. 152A, which is in this group, tests the same...
Baroness Wilcox | 698 c574-5GC (Link to this contribution) I had the happy opportunity to speak to her before we came into the Room; I asked whether the entire...
Lord Razzall | 698 c578GC (Link to this contribution) had given notice of his intention to move Amendment No. 155: 155: Clause 45, page 20, line 35, lea...
Lord De Mauley | 698 c569GC (Link to this contribution) I am grateful to the Minister for the information that he says will be forthcoming. I hear what he s...
Lord Bach | 698 c570-2GC (Link to this contribution) I shall deal with each amendment in this group separately. With regard to Amendment No. 139, as the ...
Viscount Colville of Culross | 698 c580GC (Link to this contribution) I shall have to read what the Minister said in the Official Report. I think that the answer was, yes...
Lord Razzall | 698 c584GC (Link to this contribution) I am second to none in my admiration for the intellect and understanding of the noble and learned Lo...
Baroness Wilcox | 698 c580-3GC (Link to this contribution) moved Amendment No. 157: 157: Clause 52, page 24, line 12, leave out from ““Part”” to end of line ...
Viscount Colville of Culross | 698 c580GC (Link to this contribution) I am very much obliged. That gives the Merits Committee some more things to get its teeth into and, ...
Viscount Colville of Culross | 698 c566-7GC (Link to this contribution) I thank the noble Lord for that reply. I know that a review is going on, but it has always been abou...
Viscount Colville of Culross | 698 c561-5GC (Link to this contribution) moved Amendment No. 135: 135: Clause 40, page 16, line 43, at end insert— ““( ) For the avoidance ...
Lord Goodlad | 698 c596GC (Link to this contribution) I thank the noble Lord, Lord Bach, for replying with his normal clarity and thoroughness. I should l...
Lord Berkeley | 698 c597GC (Link to this contribution) I rise briefly to support this amendment. Publicity is the key to stopping other companies and organ...
Lord Razzall | 698 c598GC (Link to this contribution) I am grateful to the Minister. As I always say on my amendments, he has much better draftsmen at his...
Lord De Mauley | 698 c592GC (Link to this contribution) I thank the Minister for her response. I am very grateful to the noble Viscount, Lord Colville, for ...
Viscount Colville of Culross | 698 c592GC (Link to this contribution) Before the noble Lord decides what to do about the amendment, perhaps I may make what I hope is a he...
Baroness Vadera | 698 c591-2GC (Link to this contribution) I have some sympathy with the comments made and the intent behind the amendments. However, we do not...
Viscount Colville of Culross | 698 c590-1GC (Link to this contribution) I support the amendment. To impose the burden on local authorities of having to go through the hundr...
Lord Cope of Berkeley | 698 c593-4GC (Link to this contribution) First, I am delighted that the Minister says that the Government will look into the unexpected conse...
Lord Cope of Berkeley | 698 c592-3GC (Link to this contribution) moved Amendment No. 165: 165: Clause 63, page 28, line 31, at end insert ““the National Audit Offi...
Lord Hodgson of Astley Abbotts | 698 c611GC (Link to this contribution) I shall certainly take half a loaf off the table immediately. I thank the Minister for his reconside...
Baroness Vadera | 698 c612-3GC (Link to this contribution) It might surprise some noble Lords to learn that in principle I, too, am a great fan of sunset claus...
Lord Borrie | 698 c606-7GC (Link to this contribution) My noble friend has given me a very full reply. No doubt it will take me some time with my advisers ...
Viscount Colville of Culross | 698 c572-3GC (Link to this contribution) moved Amendment No. 152: 152: Clause 44, page 20, line 2, leave out ““, or presents a significant ...
Lord Cope of Berkeley | 698 c570GC (Link to this contribution) Although my Amendment No. 142 is due for a separate debate, it is covered by this group. In particul...
Lord De Mauley | 698 c569-70GC (Link to this contribution) moved Amendment No. 139: 139: Clause 41, page 17, line 24, at end insert— ““( ) where the person o...
Lord Bach | 698 c569GC (Link to this contribution) I have in front of me an explanation of how variable monetary penalties can be calculated, but I thi...
Lord Razzall | 698 c570GC (Link to this contribution) I, too, support the amendment and the words of the noble Lord, Lord Cope. This fundamental matter wa...
Baroness Vadera | 698 c579GC (Link to this contribution) The administrative sanctions in Part 3 offer regulators an effective alternative to criminal prosecu...
Lord Razzall | 698 c578GC (Link to this contribution) I support the noble Viscount and shall speak to Amendment No. 179 in this group. I am much obliged t...
Lord Bach | 698 c585GC (Link to this contribution) We have had an interesting debate and I am grateful to the noble Baroness, Lady Wilcox, for raising ...
Lord Cope of Berkeley | 698 c584-5GC (Link to this contribution) In this clash of principles across the Floor, in which the Liberal Democrats have just lined themsel...
Lord Borrie | 698 c583-4GC (Link to this contribution) The noble Baroness, Lady Wilcox, has dealt clearly, comprehensively and with an abundance of argumen...
Baroness Vadera | 698 c580GC (Link to this contribution) I apologise for my lack of clarity. For fixed monetary penalties and enforcement undertakings, the c...
Lord De Mauley | 698 c567-8GC (Link to this contribution) moved Amendment No. 137: 137: Clause 40, page 17, line 3, at end insert ““subject to a maximum amo...
Subjects
Disclosure of information Compensation Devolved matters Appeals Business Civil proceedings Delegated legislation Direct selling Fixed penalties Fines Local government Ofcom Surveillance Tribunals Telecommunications Regulation Safety Local Better Regulation Office Stop notices Sunset clauses
Legislation
Regulatory Enforcement and Sanctions Bill (HL) 2007-08
Link
View this Parliamentary proceeding on www.publications.parliament.uk