Regulatory Enforcement and Sanctions Bill [HL]

moved Amendment No. 75: 75: Clause 54, page 26, line 27, leave out paragraph (b) The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 76, 77, 78, 84, 86, 87, 88, 90, 91, 94, 96 and 97. Amendments Nos. 75 and 76 arise from recommendations by the Delegated Powers and Regulatory Reform Committee which questioned the power in Clause 54(3)(b) to authorise the use of information in evidence which could not otherwise lawfully be used. It accepted the need for such a power but recommended that this be limited to replicating provision which already exists for prosecuting the parallel criminal offence. We are happy to accept the committee’s recommendations and Amendments Nos. 75 and 76 give effect to this. Amendments Nos. 77, 78, 84, 86, 87, 88, 90, 91, 94, 96 and 97 simplify the drafting of certain provisions in Part 3 of the Bill by creating a common definition clause. The Bill contains a number of references to the ““relevant authority””—that is, the Minister or Welsh Minister who makes an order under the powers in Part 3—with a definition of this term each time. As a result of Amendment No. 85, which we will come to shortly, we would have needed a further reference in the Bill to the ““relevant authority””. We have decided instead that it would be simpler to strip out these references and have one common definition of the term. Amendments Nos. 77, 87, 90 and 94 therefore remove the definition of ““relevant authority”” from Clauses 59, 64, 65 and 66 respectively, and Amendment No. 97 adds the definition to Clause 69 instead. Clause 69 deals with the interpretation of Part 3 and is the natural home for this. Similarly, there are a number of clauses in Part 3 which make reference to ““civil sanctions”” by listing the new sanctions in full. Again we would have needed a further list of the sanctions as a result of Amendment No. 85 but have decided instead to simplify these provisions as well. Amendments Nos. 78, 84, 86 and 88 simplify the lists of sanctions in Clauses 62, 63 and 65 respectively by replacing them with the defined term of ““civil sanctions””. Amendment No. 96 would then add a definition of ““civil sanctions”” to Clause 69. It also defines the term ““discretionary requirements””. Finally, Amendment No. 91 amends Clause 66(1) to bring consistency of drafting to this provision. I trust noble Lords will agree that these amendments simplify the drafting of Part 3 of the Bill. I beg to move. On Question, amendment agreed to.