Regulatory Enforcement and Sanctions Bill [HL]

Local authorities have repeatedly requested the Government to provide clarity regarding their priorities for local authority regulatory enforcement, and that is what Clause 11 is intended to do. Amendment No. 41 would require that the LBRO published ““forthwith””, "““any representations made to it””," when preparing a list of regulatory priorities. Under Clause 11(4), the LBRO is required to publish representations made to it when preparing such a list. I do not know whether I am pleased or sorry to disappoint the noble Lord by relying again, as he forecast I would, on the fact that, under its general duties as a statutory corporation, the LBRO is required not to carry out its duties or functions irrationally—so irrationally that it would become subject to judicial review. The LBRO must carry out its functions in an appropriate manner. This means that in effect it is already under a duty to publish any representations made to it within a reasonable timeframe. My second point is that I am not sure what the word ““forthwith”” means in this context but, even without that comment, the amendment is not necessary. Amendment No. 42 would require the LBRO to publish the names of anyone who made representations to it, pursuant to its preparation of a list of regulatory priorities. We believe that the LBRO should have the flexibility to withhold the details of those who make representations where that is appropriate, because the publication of personal data may contravene legal provisions—in particular, the Data Protection Act 1998. We do not think that we could get round that legislation in this way. Amendment No. 42 would remove the flexibility required to withhold details when it was appropriate to do so. I am sorry not to have been able to satisfy the noble Lord on either of his two amendments.