UK Parliament / Open data

Regulatory Enforcement and Sanctions Bill [HL]

No criticism is intended. Nevertheless, this is not unimportant. The amendment seeks to strike out Clause 24(1)(b) which would allow the local authority to be overridden. Under Clause 24(1) the LBRO may nominate a local authority as the primary authority if the authority and the regulated person have agreed it, or if the regulated person has requested it. In the position anticipated by Clause 24(1)(b), the local authority would be consulted under a provision further on in the clause, and it must be ““suitable””. The issue there is one of resources. There is an imbalance and the amendment seeks an explanation of that from the Government. We have spoken, both at Second Reading and at previous sittings in Committee, about the tensions between achieving good regulation—or, at any rate, better regulation—and democratic interests, the autonomy of local authorities, and so on. We think the Bill is weighted too much towards centralisation and that this provision is not necessary. I am not seeking to block the primary authority but to ensure that the authority in question consents. I wonder whether the primary authority relationship will work unless both parties wish to participate. I shall not go as far as the analogy of a forced marriage as distinct from an arranged marriage, but in an enforced marriage parties often tend not to be too happy. The second amendment relates to consultation and I hope that the suggested additional paragraphs speak for themselves. I have not taken anything like half of half an hour. I beg to move.
Type
Proceeding contribution
Reference
698 c215-6GC 
Session
2007-08
Chamber / Committee
House of Lords Grand Committee
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