Regulatory Enforcement and Sanctions Bill [HL]

I should not be surprised that the noble Lord, Lord Hodgson, has raised this point and we are grateful to him for doing so. The stakes have been raised too high over this issue, so let me explain what we are doing. Part 1 of the Bill applies only to England and Wales. This is achieved by the definition of ““local authority”” in Clause 3. Parts 2, 3 and 4 of the Bill apply to England and Wales in respect of all matters, including matters for which Welsh Ministers have responsibility; they apply to Scotland in respect of matters that are reserved; and to Northern Ireland in respect of matters that are not transferred. The extent of the Bill as a whole, as provided in Clause 71, is England, Wales, Scotland and Northern Ireland. The noble Lord, Lord Hodgson, knows better than me that the terms ““Extent””, referred to in Clause 71, and ““Application”” have different legal meanings. Let me explain what those meanings are. ““Extent”” relates to the jurisdictional reach of legislation; ““application”” relates to its geographical reach. All parts of the Bill must extend to all jurisdictions—England, Wales, Scotland and Northern Ireland—although the parts apply differentially throughout the United Kingdom. For example, while Part 1 does not apply except in England and Wales, it must extend to Scotland and Northern Ireland because the LBRO, which has functions in relation to Scotland and Northern Ireland under Part 2, is subject to certain general duties and obligations under some provisions in Part 1. I refer the Committee to Clauses 13 and 14. The application of each part of the Bill is set out. In Part 1, Clause 3 defines a local authority in England and Wales; in Part 2, Clause 21, which deals with the definition of ““local authority””, includes a local authority in England, Wales, Scotland and Northern Ireland; in Part 3, Clauses 54 and 55 exclude Scottish devolved and Northern Ireland transferred functions; and in Part 4, Clause 60 does not apply to Scotland in respect of devolved, and to Northern Ireland in respect of transferred functions. It does not require a genius to realise that the Bill therefore extends to all the countries of the United Kingdom, but its application is limited to different parts of the United Kingdom depending on which part of the Bill we are talking about. I do not think that anyone who will have to use the Bill will be fooled into thinking, as has been suggested, that because Clause 71 puts this as it does that it somehow applies in every regard and every respect to all parts of the United Kingdom. Those who study and know the Bill will surely realise, simply from looking at the clauses to which I have referred, what we mean by Clause 71. Let me assure the Committee that it is essential that the Bill should extend legally to all UK jurisdictions, even though the application of Part 1 is restricted to England and Wales. The Bill is drafted in a way that reflects and respects the devolution settlement. I cannot help but think that somewhere in the amendment is an element of not liking the devolution settlement very much—the settlement that concerned Wales, Scotland and Northern Ireland. I should say straightaway that I know the noble Lords, Lord Hodgson and Lord De Mauley, are trying only to make life easier for those who have to use the Bill, but I argue that that is clear from the Bill itself and that nothing in Clause 71 is in any way false, which seems to be what the noble Lord, Lord Hodgson, suggested.