Regulatory Enforcement and Sanctions Bill [HL]

I have enormous sympathy with the proposals in these amendments. Part 4 poses a significant issue for the Government. We on these Benches have taken the easy way out and have simply proposed that Part 4 should not stand part of the Bill rather than attempting to amend it in the learned way that the noble Lord, Lord Borrie, has done. It is a shame we have got to this point with regard to Part 4. The Government to some extent have fallen down on their own procedures. In draft, the Bill was well considered and well commented on by all interested parties. However, Part 4 was put into the Bill at a very late stage so the Government did not have an opportunity to consult on it as they did in their pretty detailed consultation on Parts 1 to 3. I am sure the Minister will accept that as a result of that consultation, those parts of the Bill are in a much better form than they would have been without it. The Government should take the opportunity between now and Report to think again about Part 4, either by taking on board our proposal to exclude it altogether or, if they do not wish to do that, by taking on board a number of the points made by the noble Lord, Lord Borrie. The Food Standards Agency has been particularly vociferous in its opposition to Part 4 because it believes that these provisions could potentially limit a regulator’s ability to protect the public. The question whether a regulation designed to protect consumers is necessary—the noble Lord, Lord Borrie, touched on this—will always be hotly contested by organisations representing either the consumer or the business interest. The provisions in Part 4 may well be used by business organisations to put unreasonable pressure on regulators to remove essential consumer protection measures. Indeed, they might also give third parties too much control over the regulatory agenda and distract regulators from working on their key priorities. My fundamental point, as I have indicated, is that it is a shame that Part 4 has appeared without the opportunity for proper consultation on it. We do not think that it is not in the right form and we hope that the Government will either accept what we suggest and delete it altogether or take on board the points that the noble Lord, Lord Borrie, has made and attempt to amend it in a more satisfactory manner.