Regulatory Enforcement and Sanctions Bill [HL]

I notice that the noble Baroness, Lady Hamwee, has referred to the briefing from LACORS because of her particular point that the Local Government Association is mentioned in it. I thought that this briefing, while in some respects interesting and useful, is particularly weak on Clause 7. It refers to: "““Removal of the power of the LBRO to direct local authorities to comply with its guidance””." Local authorities are already required to have regard to LBRO guidance. In thinking that Clause 6 is unnecessary, surely the LGA is thinking of the generality. Indeed, as my noble friend the Minister indicated a short while ago, the LBRO is not going to jump in just because of a difference of view between them as to whether the guidance issued should be followed. Enforcement is completely unnecessary if on all occasions every local authority up and down the country complies with what the LBRO says is significant and important. But what if a wayward local authority persistently takes no notice of the guidance? It makes no sense for the LBRO to be given no provision in statute to deal with an exceptional case. Statutes have to deal with the exceptional case as well as ordinary circumstances, and let us not forget the safeguards. There has to be ministerial consent, or the consent of Welsh Ministers, and Clause 7(4) provides that: "““Before giving a direction … LBRO must consult—""(a) any relevant regulator, and""(b) such other persons as LBRO considers appropriate””." So safeguards are built in. There is no intention that the new body should rampage over local authorities. However, if it has given guidance, and it is clear that that is not being taken notice of by a particular local authority, especially persistently, surely there has to be a back-up power, which is what Clause 7 is.