Regulatory Enforcement and Sanctions Bill [HL]

We understand that some concern has been expressed that operating the primary authority scheme—which I am beginning to think the noble Baroness supports, although I am still waiting to hear that from her—alongside the voluntary home and lead authority schemes could result in a lack of clarity and unnecessary confusion. Further, it has been suggested that the likelihood of that happening will be greater if the primary authority scheme does not offer all the services currently available as part of the voluntary schemes, including those relating to guidance. The provisions of Part 2, which we are debating at the moment, have deliberately been drafted to ensure that all the functions currently carried out by a home or lead authority can also be carried out by a primary authority. Therefore, although we understand the intention behind Amendment No. 73, we do not believe that it is necessary. Under Clause 25, the primary authority already has the function of giving advice and guidance to other local authorities with the relevant function on how they should exercise those functions in relation to a regulated person. That captures all the advice that Amendment No. 74 would include within the scope of Clause 25. It is not appropriate to make provision in the Bill for the abolition of current voluntary schemes. It has never been our intention that the primary authority scheme should simply replace the home and lead authority schemes, but that it should build on their successes while addressing their limitations. The noble Lord, Lord Cope, asked a very good question in regard to the eventual intention of the two schemes. If the business and the local authority want the voluntary partnership to continue, it will do so. If it is too bureaucratic, we believe that they will not want to maintain it in its present state. We are fairly confident—I choose my words fairly carefully—that the operation of the primary authority scheme alongside the home and lead authority schemes will not result in confusion. I assure the Committee that the LBRO will work closely with LACORS and the HSE to ensure clarity in the relationship between these schemes. The home and lead authority schemes have been pretty successful, but they have not achieved everything that we wanted. We therefore think that putting the primary authority scheme on a statutory basis will help, but that is not to say that we want to discard all the good things that have happened under the home and lead authority schemes. I hope that, in light of what I have said, the noble Baroness, Lady Hamwee, will feel able to withdraw the amendment.