Regulatory Enforcement and Sanctions Bill [HL]

My Lords, I am assuming that we are on Amendment No. 55. There are no other amendments grouped with it, and its purpose is straightforward: to get rid of Clause 38 on fixed monetary penalties. It is no fault whatever of the noble and learned Lord promoting Amendment No. 55 that we have been doing things in an illogical order. As I understand it, perhaps 15 minutes ago we had an interesting debate between my noble friend the Minister and the noble Lord, Lord Goodlad. It was an amicable discussion because, as it turned out, the Government had largely accepted the original proposal made at an earlier stage of the Bill by the noble Lord, Lord Goodlad, that there should be a notice of intent before a fixed monetary penalty was imposed and then various other procedures. The noble Lord, Lord Goodlad, has indicated that he is content with that. It seems highly illogical that, having accepted that—the House said ““Content”” when the government amendment went through—we should now seriously consider the proposal of the noble and learned Lord, Lord Lyell, to get rid of Clause 38 altogether. Of course, I realise that it is a probing amendment, but the probing has already been done by the noble and learned Lord and others on previous occasions. What is left is a wholly negative proposition in Amendment No. 55 to get rid of a clause that we have just agreed to amend and improve, following the original initiative of the noble Lord, Lord Goodlad. It would be better if we requested that the noble and learned Lord, Lord Lyell, withdraw his amendment, so that we can move on to other matters, including appeals, which the noble and learned Baroness wishes to discuss.