Regulatory Enforcement and Sanctions Bill [HL]

I am delighted that the noble Lord, Lord Cope, has now spoken to both amendments. He rightly quoted from the guide the clear reference to the Government’s intention, as of now, that at some point the LBRO should be dissolved. I share the noble Lord’s surprise or scepticism as to that coming about, but for different reasons. I see value in the LBRO, particularly on matters relating to consistency and the role of the primary authority. I am sorry that my noble friend Lord Sainsbury is not in his place today because he could speak from personal experience of the different ways in which firms such as his are treated in different parts of the country by different local authorities. He has grumbled for years about the lack of consistency in the attitudes of trading standards officers, environmental health officers and others, and would perhaps welcome a number of the powers in the Bill. The Government want us to speculate that one day it will not be necessary for the LBRO to continue. However, I do not like either of the noble Lord’s amendments. On Amendment No. 56 and the phrase found in the guidance and the Explanatory Notes about the intention to dissolve the LBRO when it has achieved its objective, I am not sure how that can sensibly be put into legislative form. At some point someone might say, ““We consider its objective has been fulfilled””, but someone else might think the contrary. Can he then take the matter to court and say, objectively, that the objective of the LBRO has not yet been fully achieved? I am a little worried about that. I certainly do not like the noble Lord’s second amendment because it is entirely arbitrary; it may be five years, 10 years, or who knows. I am all in favour of the Government reviewing the matter from time to time to see whether from the point of view of consumers, business and consistency—I gave the example of Sainsbury’s—it has achieved its objective or whether there are still business and public interest reasons for continuing with the LBRO. I am all in favour of the matter being looked at again by the responsible people—Ministers especially—and pressed by Parliament and others, but to put on the face of the Bill that in exactly 2013 the LBRO will be dissolved is not appropriate at all.