Regulatory Enforcement and Sanctions Bill [HL]

I had the happy opportunity to speak to her before we came into the Room; I asked whether the entire list in her portfolio was going to be absorbed within her BERR brief and she told me that it was. If anyone else reads it, they will find it quite extraordinary. I expect her to be on her feet most of the time. It is marvellous to welcome her and I hope that she enjoys being in their Lordships’ House. We on these Benches intend to oppose the Question that Clause 46 should stand part of the Bill. We do so on a probing basis so that the Committee may discuss the criticisms of this part of the Bill that were published in the Delegated Powers and Regulatory Reform Committee report. Clause 44 enables an order to confer power on a regulator to stop activity in certain circumstances when he reasonably believes that the activity involves or is likely to involve the commission of an offence. This is a powerful weapon for a regulator and potentially of enormous significance to the regulated person. The acceptability of the delegation depends on the robustness of the compensation arrangements, but Clause 46 leaves it to the order to state the case under which compensation will be awarded. In particular, there is a power for the order to provide that compensation is payable only in prescribed cases. However, I follow the committee in thinking that this is insufficient. For stop notice delegation to be acceptable, the Bill must specify the essential elements of the compensation arrangements that Parliament considers necessary. In particular, the Bill should specify the result that any order-making provision under Clause 46 needs to secure. I look forward to hearing the Minister’s response and take the opportunity to ask her again whether she or Her Majesty’s Government have any faith in the parliamentary system given that this Bill again and again delegates decision-making to the Civil Service.