Regulatory Enforcement and Sanctions Bill [HL]

I rise to oppose Clause 26 and to speak to my Amendment No. 95 in the same group. I seek to replace Clauses 26 and 27 with the new clause proposed in Amendment No. 95. I have received a number of letters about this part of the Bill from the Local Government Association, the Welsh Local Government Association, LACORS, the local government co-ordinating body, and also from the Food Standards Agency. They seem to have legitimate concerns and, for that reason, I undertook to table Amendment No. 95. They have serious worries about creating statutory primary authorities. They do not like the LBRO’s power to nominate a council as a primary authority without that council’s agreement and they do not see how a forced relationship could work or deliver positive outcomes. It is felt that that would interfere with a council’s right to decide on the service that it wished to provide for its electorate. They believe that the regime set out in Clause 26 and Schedule 4 for taking enforcement action would amount to a fettering of a council’s right to take any action that it felt appropriate against someone believed to have committed an offence in its area. In their view, for one council or an LBRO to direct another council not to take enforcement action would be undemocratic. In the case of an LBRO directing a council not to take action, it would amount to a centralisation of power. That is rather surprising, as many of the Government’s recent pronouncements on a variety of issues indicate that their policies are against a centralisation of power. More power to local people—that has been the political stance adopted by the Government and it is one with which many of us totally agree. LACORS is also concerned about the time limit of five working days for a primary authority to determine whether it wishes to direct an enforcing authority not to take action. It thinks that it is unrealistic. The LBRO has 28 days to make a decision in cases referred to it, and it is suggested that primary authorities should also be allowed 28 days. The Food Standards Agency also has concerns about this section of the Bill. It says that the Government have not been clear about the circumstances in which a local authority should consult a primary authority before taking enforcement action. The guidance on the Bill suggests that an exemption might be made where consultation would seriously jeopardise public health, the environment or consumer protection. The Minister made some reference to that. Those bodies believe that it is essential that public health should not be put at risk at all by the new procedures that the Government want to put in place. They think that it would be desirable for the Government to make a statement that if there should be an imminent risk to public health, the environment or consumer protection, a local authority will not have to consult the primary authority. Incidentally, the FSA also has some concern about the clause. I have received a briefing from the FSA. It makes it quite clear that although it is, in general, strongly in support of the Government’s better regulation agenda, it has some concerns. It states: "““Whilst we are reasonably clear on the process by which the FSA and other regulators will be given access to the new sanctions, the Government has been less clear about how local authorities will gain access to them. Local authorities are key partners in enforcing food regulations and protecting the public. Further clarity would be useful to ensure that councils do not miss out on the new powers””." It is therefore very much a probing amendment. It will be seen from what I have said that there are reservations about the Bill from organisations which otherwise have a strong commitment to the Government's agenda. Therefore, it would be useful to have a statement to put some of those worries at rest. The LACORS draft in Amendment No. 95 was deliberately drafted as a way to give voice to those concerns. I will therefore welcome hearing the Government's response.