Natural Environment and Rural Communities Bill

moved, as an amendment to Amendment No. 122, Amendment No. 123:"Line 5, after ““2”” insert ““or 10””" The noble Baroness said: My Lords, the Government’s Amendment No. 122 allows for the issue of codes of practice covering enforcement powers. We are grateful. Our amendment would simply extend the remit of those codes to the investigative powers to be given to the authorised persons working for the levy boards. Over the years we have had considerable opportunity to criticise the way in which the Government have created offences and provided for swingeing penalties—something the noble Lord and I discuss on a regular basis. I acknowledge with gratitude the Minister’s amendment to Schedule 10, which restricts the way in which a Clause 85 order may penalise a defaulter. None the less, we feel that any power of entry into someone else’s domain should be subject to a recognisable and enforceable code of practice. Such a code has the benefit of conformity to a standard in the way in which things are done. It has the added advantage that the punishments awarded by the courts may be more equable, although we still have a difficulty with the tariffs as laid down in the Bill. Damaging an SSSI may lead to a fine not exceeding level 4 on the standard scale, but failing to comply with a levy board’s registration requirement could lead to a fine equalling the statutory maximum. The House may be interested to know that this compares with the promise made a couple of weekends ago by the Prime Minister to institute a system of £1,000 fines for those guilty of assaulting NHS staff. I thank the Minister for his amendment and beg to move mine.