Regulatory Enforcement and Sanctions Bill [HL]

Amendment No. 26 would give the LBRO an additional duty over local authorities, certifying that where an authority has been awarded the right to use the sanctioning powers in Part 3, it is compliant with the better regulation principles in Clause 5(2). This would be extremely burdensome and would hamper the LBRO’s ability to effectively carry out its core functions and deliver its objective. While the Government will look to the LBRO for advice on whether local authorities are generally compliant with the principles of better regulation, it would be inappropriate for the LBRO to certify each authority individually. It is more appropriate that the Secretary of State is satisfied that a regulator—either national or local—is acting, or capable of acting, in a way that conforms with the principles of good regulation before awarding the sanctioning power. That is why we will, in due course, move government Amendment No. 164 which will do precisely what the noble Lord is looking for: "““The relevant authority may not make any provision under or by virtue of this Part conferring power on a regulator””—" it then sets out the various possibilities under Part 3— "““unless the authority is satisfied that the regulator will act in accordance with the principles referred to in section 5(2) in exercising that power””." It has always been the Government’s intention that only those regulators who are capable of acting in a way that is compliant with the principles of better regulation should have access to the new sanctions. In due course, Amendment No. 164 will achieve that. I do not want to enter the argument now, but we do not believe that the fixed monetary penalty will be like parking fines. We will come back to that, and I look forward to it in due course. I hope that this is a satisfactory answer to the noble Lord’s amendment.