I hate to disagree with my noble friend, but I have always been puzzled in Committee on this Bill. Every amendment would add more and more words. Very few words are sufficient, but people want more and more. The word ““appropriate”” in Clause 7 is a good one. You must then rely on the intelligence of those issuing these documents to know that if they issue something then those affected ought to be informed. If you want to defy business practice and write essays—as an academic I would love to write longer essays and think of many more exceptions to this rule—then do it, but you are not adding anything substantial to the Bill.
As to the Question whether the clause shall stand part, again I am puzzled. I have never been involved in a local authority and, therefore, do not have the great regard for local authorities that some people involved in them have. However, I know one law of British politics: when parties are in opposition, they extol the freedom and value of local authorities and say that they should be able to do what they want, but when those parties get into power they see to it that local authorities are told what to do—or else. That has been my observation of local authority life for at least the past 42 years.
The appropriate paragraph—paragraph 11—in the guidance states that the power is a reserve measure and lots of safeguards are added as to when the LBRO may be able to use it. However, in these days of bird flu and all kinds of problems that might arise on which swift and effective action is necessary, it may be a requirement for the regulatory authority to tell the local authority, ““I don’t want there to be any choice in this matter. I want you to get on with it and do it quickly, otherwise you are going to spread disease and destruction””. Businesses are often responsible for providing clean, efficient or effective services, so that consumers are not badly affected.
Therefore, I see Clause 7 as a good reserve power, which will not necessarily be used frequently but occasionally. Given government Amendment No. 33, which implements the recommendations of the Delegated Powers and Regulatory Reform Committee, I am astonished that people are still worried about this. The party opposite has forgotten its glorious days in power, and I do not want to remind it of them, but they were not designed to give lots of freedom to local authorities.
Regulatory Enforcement and Sanctions Bill [HL]
Proceeding contribution from
Lord Desai
(Labour)
in the House of Lords on Wednesday, 23 January 2008.
It occurred during Debate on bills
and
Committee proceeding on Regulatory Enforcement and Sanctions Bill [HL].
Type
Proceeding contribution
Reference
698 c118-9GC 
Session
2007-08
Chamber / Committee
House of Lords Grand Committee
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