Regulatory Enforcement and Sanctions Bill [HL]

moved Amendment No. 76: 76: Clause 26, page 11, line 34, at end insert— ““( ) In this Part ““enforcement action”” does not include informal advice given to a regulated person notwithstanding that such advice may be followed by enforcement action as defined by subsection (5).”” The noble Baroness said: This is a probing amendment. I seek to understand what ““enforcement action”” is, and to make the point that much of what is done in taking action and giving advice should not fall within that term. The informal advice and guidance, often not written, given by officers in the field is to be welcomed, and heads off rather tougher action. We would all agree that compliance secured without a heavy hand is much the best. I am sure that the Government do not intend to constrain inspectors from giving advice without first notifying the primary authority. Perhaps inevitably, formal—I shall use that less pejorative term, rather than ““bureaucratic””—procedures attached to enforcement action are provided for, which would not be appropriate to the sort of advice and assistance given on a day-to-day basis by many authorities to many businesses up and down the country. I beg to move.