Regulatory Enforcement and Sanctions Bill [HL]

These amendments give me an opportunity to say a little about the reasons for creating the LBRO. Of course there is some scepticism about the ability of a new public body to tackle bureaucracy. Sir Philip Hampton’s report on regulatory enforcement was articulate about the confusion and complexity of the regulatory system that local authorities have to interpret and then put into action. They stand at the enforcement front line, but have to interpret and implement regulations issuing from a multiplicity of government departments and national regulators—regulations which can on occasion be frankly difficult to reconcile. The LBRO will have a new and unique role in this system, getting the system as a whole to work in a way that is better for businesses, for the public and for local authorities themselves. This will sometimes involve giving a little more urgency to the dissemination of the many cases of good practice out there. Sometimes this will frankly mean telling home truths to the Government about the framework that it sets. Its role as adviser to the Government will be absolutely critical to its success. This is not a technical reason why this clause tells us about the LBRO’s powers on giving advice or making proposals to a Minister of the Crown; it is an important part of the new scheme we are attempting to set up. A number of questions were raised at Second Reading about the LBRO’s role here. Will it be able to give its view, publicly if necessary, on new regulations and how they are being implemented? Will it be able to give its own recommendations for areas of existing law where a rethink is needed? Its power to give advice and make proposals to the Government under this clause will allow it to do both. I hope that the Committee will welcome that. We are emphatically not seeking to create a new body along the same lines as, for example, the Law Commission, dedicated primarily to in-depth reports on particular aspects of regulation. The LBRO will be small with significant operational responsibilities, but it will have the power under the Bill to make any proposals that it sees fit from its particular expert perspective. We also think we have the wording right in Clause 9. Amendment No. 35A, which is a probing amendment, would add another subject to those on which the LBRO might advise Ministers. We do not think that the amendment is strictly necessary as the existing provision at Clause 9(1)(a) permits the LBRO to give advice to Ministers on the way in which local authorities exercise their relevant functions. There is no reason why this should not include advice on the effectiveness of the way in which they do so. Indeed, we think that that will be a critical part of their role. I hope that, with that explanation, the noble Baroness will be able to withdraw her amendment.