Regulatory Enforcement and Sanctions Bill [HL]

My Lords, I would never accuse the noble and learned Lord of being unjust, but perhaps I may clarify the matter. We understand the concerns that have been raised, and we have, of course, already taken steps to limit fixed monetary penalties. In Committee, we moved an amendment to cap the level of fixed monetary penalties, so that they cannot exceed the maximum fine available in the magistrates’ courts, as the noble and learned Lord said. We have also proposed simplifying the process for fixed monetary penalties, which will now simply be set at a prescribed amount or amounts. The effect of Amendment No. 54 would be to cap fixed monetary penalties in most instances at a maximum of £2,500, as there are some exceptions to the £5,000 limit in magistrates’ courts. Setting a cap at this level would be an entirely arbitrary limit on the penalty, and I am not sure why the noble and learned Lord has proposed a cap at half the magistrates’ courts maximum, not a quarter or three-quarters. Also, this would unnecessarily limit the flexibility and effectiveness of the new powers.