Regulatory Enforcement and Sanctions Bill [HL]

I have some sympathy with the comments made and the intent behind the amendments. However, we do not believe that they are necessary. I should start by explaining that the requirement in Clause 61 is to publish guidance and that the issue of burden and bureaucracy that has been mentioned is about who prepares that guidance ahead of publication. We believe that the regulators rather than the Minister should publish guidance about the way in which they will individually apply and enforce the provisions. This will provide regulatory certainty and clear lines of accountability to the regulated community who look to the regulators for this. Although we expect the relevant government department to have a role to play in preparing the guidance, we envisage that this will be a collaborative process involving the department, the regulator and, where appropriate, the LBRO. It may be helpful if I outline some possible scenarios. Where there is a national regulator, we would expect that regulator to prepare and publish the guidance. If a national regulator is working in partnership with local authorities, such as on food safety, we would expect the national regulator to prepare the guidance in consultation with the LBRO and local authorities. The national regulator and the local authorities would then publish the guidance. Where there is no national regulator, such as on environmental health or trading standards, we would expect the LBRO to take the lead in preparing guidance, working with the relevant government department and local authorities. Each local authority, as a regulator, would then be required to publish the guidance. This approach should help to reduce the workload for local authorities, to which the noble Viscount, Lord Colville, correctly pointed, and help to ensure consistency across the board. Indeed, that was the purpose of the structure that was set up. In the light of what I have said, I hope that the noble Lord, Lord De Mauley, will feel able to withdraw his amendment.