Regulatory Enforcement and Sanctions Bill [HL]

Local authorities have repeatedly requested that the Government clarify their priorities for local authority regulatory enforcement. In March 2007, Mr Peter Rogers, chief executive of Westminster Council, carried out the first cross-cutting review of national regulatory priorities. The Government accepted the Rogers recommendations, and for the first time local authorities have been presented with a clear, evidence-based account of the issues which the Government believe should be prioritised in their work. Clause 11 makes provision for the LBRO to carry this valuable work forward, and I emphasise that this has been strongly supported by both business and local authorities. The provisions in the clause will not prevent councils from giving due regard to their own priorities; nor will they reduce the regulatory standards that businesses need to meet. The clause will guarantee that central government continues to give a clear message to local authorities about their priorities. As I say, local authorities seem to welcome that. Removing Clause 11 and replacing it with the provisions in Amendment No. 29 would remove the detailed provisions on the LBRO’s function of preparing and publishing a list of national regulatory priorities. Significantly, the amendments would remove the obligation placed on the LBRO to prepare and publish a list of national regulatory priorities. In short, under Clause 11, the LBRO must prepare and publish a list of regulatory priorities, but under Amendment No. 29, the LBRO may issue guidance on local authority priorities in allocating resources. Given the importance of the Government issuing clear messages to local authorities and the strong support expressed for the LBRO preparing and publishing a list of regulatory priorities, our view is that the LBRO should be obliged to play this role. Clause 11, which obliges it to play that role, is therefore appropriate. Amendments Nos. 40A to 40D and Amendment No. 42A, all in the name of the noble Viscount, Lord Eccles, would remove the key safeguard from Clause 11. In particular, these amendments would allow the LBRO to publish a list of regulatory priorities without first receiving the consent of the Secretary of State. I know why the noble Viscount is concerned about that, but in this instance that may be mistaken. We think that the consent of the Secretary of State is a safeguard here and that it is appropriate for him or her to be ultimately responsible for the content of any list published by the LBRO, because the Secretary of State is accountable to Parliament. These amendments would also remove the obligation placed on the LBRO to review a list of priorities on its own initiative and when requested to do so by the Secretary of State. It is vital that any list of priorities is reviewed to ensure that it remains up to date. Our view is that the LBRO should be obliged to do that. Amendment No. 41 has not been moved. I have been through the amendments in this group as best I can. It is for the reasons I have stated that we think that the noble Baroness is wrong. She makes an interesting point, but Clause 11 is of significance and is widely supported.