Regulatory Enforcement and Sanctions Bill [HL]

My Lords, I am most grateful for the clarification; I can certainly live with that. My amendment deals with the question of the maximum penalty. What is suggested is the maximum available in the magistrates’ court. The noble Baroness will clarify it for me; I apologise, as I forget at the moment, but I think that the maximum in the magistrates’ court is £5,000, but it could be £3,500. Oh! It seems that £5,000 is correct; I am most grateful. I suggest that the figure should be half the maximum. The amendment gives me an opportunity to raise the important question of how many different levels of fixed penalty the Government have in mind. When I asked this earlier on Report and in Grand Committee, the Government said that they had not thought it through yet but that there might be two—one for a rich business and one for an individual. I said, ““Supposing it’s a rich individual and a small business””, and the Government said that they had not thought that through, which they plainly have not. The noble Baroness has given us two extremely modest penalties, which in one way is encouraging. However, if the Government have in mind penalties of £50 or £100—£50 a week can be a darn sight more frightening if you have been trading without a licence without realising it for six months—that needs some explanation. Why do they need £5,000 as a maximum for fixed penalties? We are pretty used to quite small fixed penalties in this country; we have learnt to live with them in straightforward cases such as parking. The Government keep saying, ““This is not tick-box””. So the Government have abolished criteria because they could not think what the criteria ought to be. They were asked about them and it was plain that they had not thought of any sensible criteria. I could have thought of some criteria, but, anyway, they decided to throw up their hands and surrender on that one. Now they are congratulating themselves on removing it; but that leaves the practical question just as much in evidence, because the Government have proposed a range of £5,000 and we do not have a clue as to how they think the statutory instruments, when they eventually come through, will be worded and what they will provide. However, I am probably being totally unjust and I look forward to hearing what the noble Baroness says to elucidate this point. I shall sit down now, because I believe that I shall be able to speak to, or at least comment on, some government amendments later.