Parliamentary search - Regulatory Enforcement and Sanctions Bill [HL]

Type

Parliamentary proceeding

Reference

698 c561-614GC

Session

2007-08

Department

Department for Business, Enterprise and Regulatory Reform

Procedure

New clauses

Chamber / Committee

House of Lords Grand Committee

Regulatory Enforcement and Sanctions Bill (HL). (Explanatory Notes HL Bill 7-EN published).
Thursday, 8 November 2007
Bills
House of Lords

Regulatory Enforcement and Sanctions Bill (HL). As amended in Grand Committee.
Wednesday, 6 February 2008
Bills
House of Lords

Deposited Paper DEP2008-0727
Thursday, 13 March 2008
Deposited papers
House of Lords

Proceeding contributions

Viscount Colville of Culross | 698 c577-8GC (Link to this contribution) It was remiss of me not to welcome the noble Baroness, Lady Vadera, at the beginning, but I thought ...

Baroness Vadera | 698 c575-7GC (Link to this contribution) I thank noble Lords for their welcome. It is a pleasure to be here in Committee. On the point made b...

Show all contributions (88)

Viscount Colville of Culross | 698 c578GC (Link to this contribution) moved Amendment No. 156: 156: Clause 51, page 23, line 28, leave out ““section 40”” and insert ““s...

Lord Bach | 698 c565-6GC (Link to this contribution) The Committee will be very grateful to the noble Viscount—the Government certainly are—for raising t...

Lord Razzall | 698 c597GC (Link to this contribution) I have no pride in the wording here. Clearly the intention is to publish a list of people where an e...

Lord Bach | 698 c586GC (Link to this contribution) The answer is yes, they are, but I am saying on the record that we do not consider that such tribuna...

Lord Razzall | 698 c596-7GC (Link to this contribution) moved Amendment No. 179A: 179A: After Clause 66, insert the following new Clause— ““Regulatory tra...

Lord Hodgson of Astley Abbotts | 698 c597GC (Link to this contribution) I am not unhappy with this proposal, but I wonder if the noble Lord, Lord Razzall, could clarify a p...

Baroness Vadera | 698 c593GC (Link to this contribution) All government departments, as noble Lords will know, are expected to conduct a post-implementation ...

Lord De Mauley | 698 c590GC (Link to this contribution) moved Amendment No. 163A: 163A: Clause 61, page 27, line 13, leave out paragraph (a) and insert— “...

Baroness Wilcox | 698 c613-4GC (Link to this contribution) I thank the Minister for her explanation of why she does not think that in this instance a sunset cl...

Baroness Wilcox | 698 c611-2GC (Link to this contribution) moved Amendment No. 193: 193: Clause 72, page 33, line 17, at end insert— ““( ) This Act shall cea...

Lord De Mauley | 698 c609GC (Link to this contribution) I support my noble friend’s amendment. To the lay businessman, the obvious place to look in an Act o...

Lord Bach | 698 c609-10GC (Link to this contribution) I should not be surprised that the noble Lord, Lord Hodgson, has raised this point and we are gratef...

Lord Berkeley | 698 c606GC (Link to this contribution) I am very grateful to my noble friend. On a point of clarification, my amendment would not exclude t...

Baroness Vadera | 698 c603-5GC (Link to this contribution) I welcome this opportunity to discuss Part 4 and set it in the context of the whole better regulatio...

Lord De Mauley | 698 c602GC (Link to this contribution) I should say to the noble Lord, Lord Borrie, that, unfortunately, the ““as amended”” version of Clau...

Lord Berkeley | 698 c601-2GC (Link to this contribution) I shall speak briefly to my Amendment No. 191 and to the other amendments in the group. I support wh...

Lord Bach | 698 c587GC (Link to this contribution) Indeed. I hope that what I have said on the record will go some way towards assuring the noble Lord ...

Lord Cope of Berkeley | 698 c588GC (Link to this contribution) moved Amendment No. 161: 161: After Clause 53, insert the following new Clause— ““Publicity (1) Wh...

Lord Bach | 698 c589GC (Link to this contribution) I am grateful to the noble Lord, Lord Cope, because this is an interesting and perhaps difficult are...

Lord Bach | 698 c585-6GC (Link to this contribution) Knowing the noble Baroness, I am sure that she said it in strong terms. As the two noble Lords poin...

Lord Cope of Berkeley | 698 c586GC (Link to this contribution) Are not administrative tribunals in some cases created under enactment?

Lord Cope of Berkeley | 698 c587GC (Link to this contribution) The point behind my intervention is that those tribunals would still be within the terms of the Bill...

Baroness Harris of Richmond | 698 c585GC (Link to this contribution) I made that comment to my noble friend Lord Razzall.

Lord Razzall | 698 c574GC (Link to this contribution) I omitted to do the same. I apologise.

Lord Bach | 698 c572GC (Link to this contribution) Will the noble Baroness give way for a moment? This is in order, I hope, to be of assistance. In due...

Lord De Mauley | 698 c569GC (Link to this contribution) I thank the Minister for that. I shall need to look carefully at what he said, some of which I found...

Baroness Wilcox | 698 c572GC (Link to this contribution) had given notice of her intention to move Amendment No. 148: 148: Clause 41, page 18, line 7, leav...

Lord De Mauley | 698 c572GC (Link to this contribution) I am grateful to the Minister. I will need to go away and think about his point about a clearer defi...

Lord Bach | 698 c568-9GC (Link to this contribution) I cannot guarantee that those criteria will be in final form by the time we get to Report. However, ...

Lord Bach | 698 c567GC (Link to this contribution) Before the noble Viscount decides what he will do with his amendment, I have been advised that local...

Viscount Colville of Culross | 698 c567GC (Link to this contribution) I am sure that my colleagues in the Office of Surveillance Commissioners will be glad to read what t...

Lord Colwyn | 698 c561GC (Link to this contribution) I start with the usual reminder that, if there is a Division in the Chamber while we are sitting, th...

Lord Bach | 698 c597-8GC (Link to this contribution) We are grateful to the noble Lord, Lord Razzall, and we agree that regulators should publicise the d...

Lord Goodlad | 698 c594GC (Link to this contribution) moved Amendment No. 168: 168: Clause 64, page 28, line 41, leave out ““direct”” and insert ““by or...

Lord De Mauley | 698 c594-5GC (Link to this contribution) I rise to support these amendments. We think that the schemes established in the Bill will create an...

Lord Bach | 698 c595-6GC (Link to this contribution) The suspension power is intended to provide a safeguard against any improper use of the new sanction...

Lord Bach | 698 c592GC (Link to this contribution) moved Amendment No. 164: 164: Before Clause 63, insert the following new Clause— ““Compliance with...

Baroness Vadera | 698 c589-90GC (Link to this contribution) moved Amendment No. 163: 163: Clause 60, page 26, line 38, at end insert— ““( ) Where a statutory ...

Lord Razzall | 698 c612GC (Link to this contribution) I rise with some trepidation to support Amendment No. 193 in the name of the noble Baroness, Lady Wi...

Lord Hodgson of Astley Abbotts | 698 c610-1GC (Link to this contribution) I am grateful to the Minister although I am disappointed that he should suggest that my question is ...

Lord Bach | 698 c611GC (Link to this contribution) The noble Lord, as always, is persuasive. Having considered what he has just said, we will consider ...

Lord Hodgson of Astley Abbotts | 698 c607-9GC (Link to this contribution) moved Amendment No. 192: 192: Clause 71, page 33, leave out line 13 and insert— ““(1) Part 1 of th...

Baroness Vadera | 698 c606GC (Link to this contribution) I take my noble friend’s point, and I hope that his concern will be addressed by the suggestion made...

Lord Borrie | 698 c602-3GC (Link to this contribution) Perhaps I may say an additional word before my noble friend responds to the debate. On the amendment...

Lord Bradshaw | 698 c600-1GC (Link to this contribution) Briefly, I support what the noble Lord, Lord Borrie, has said. The principal economic regulators hav...

Lord Borrie | 698 c598-600GC (Link to this contribution) moved Amendment No. 180: 180: Clause 68, page 31, line 16, leave out ““secure”” and insert ““keep ...

Lord Razzall | 698 c600GC (Link to this contribution) I have enormous sympathy with the proposals in these amendments. Part 4 poses a significant issue fo...

Baroness Wilcox | 698 c587GC (Link to this contribution) I thank the Minister for the care with which he has responded to the two amendments, especially as I...

Lord Cope of Berkeley | 698 c589GC (Link to this contribution) Given that undertaking, I am happy to seek leave to withdraw the amendment. I have no particular pri...

Baroness Wilcox | 698 c572GC (Link to this contribution) I am only too delighted not to speak to the amendment, on which I had only a few lines to repeat. It...

Baroness Wilcox | 698 c574GC (Link to this contribution) The notice of my intention to oppose Clause 46 standing part of the Bill has been grouped with these...

Lord Razzall | 698 c573-4GC (Link to this contribution) I support the noble Viscount’s point. Our Amendment No. 152A, which is in this group, tests the same...

Baroness Wilcox | 698 c574-5GC (Link to this contribution) I had the happy opportunity to speak to her before we came into the Room; I asked whether the entire...

Lord Razzall | 698 c578GC (Link to this contribution) had given notice of his intention to move Amendment No. 155: 155: Clause 45, page 20, line 35, lea...

Lord De Mauley | 698 c569GC (Link to this contribution) I am grateful to the Minister for the information that he says will be forthcoming. I hear what he s...

Lord Bach | 698 c570-2GC (Link to this contribution) I shall deal with each amendment in this group separately. With regard to Amendment No. 139, as the ...

Viscount Colville of Culross | 698 c580GC (Link to this contribution) I shall have to read what the Minister said in the Official Report. I think that the answer was, yes...

Lord Razzall | 698 c584GC (Link to this contribution) I am second to none in my admiration for the intellect and understanding of the noble and learned Lo...

Baroness Wilcox | 698 c580-3GC (Link to this contribution) moved Amendment No. 157: 157: Clause 52, page 24, line 12, leave out from ““Part”” to end of line ...

Viscount Colville of Culross | 698 c580GC (Link to this contribution) I am very much obliged. That gives the Merits Committee some more things to get its teeth into and, ...

Viscount Colville of Culross | 698 c566-7GC (Link to this contribution) I thank the noble Lord for that reply. I know that a review is going on, but it has always been abou...

Viscount Colville of Culross | 698 c561-5GC (Link to this contribution) moved Amendment No. 135: 135: Clause 40, page 16, line 43, at end insert— ““( ) For the avoidance ...

Lord Goodlad | 698 c596GC (Link to this contribution) I thank the noble Lord, Lord Bach, for replying with his normal clarity and thoroughness. I should l...

Lord Berkeley | 698 c597GC (Link to this contribution) I rise briefly to support this amendment. Publicity is the key to stopping other companies and organ...

Lord Razzall | 698 c598GC (Link to this contribution) I am grateful to the Minister. As I always say on my amendments, he has much better draftsmen at his...

Lord De Mauley | 698 c592GC (Link to this contribution) I thank the Minister for her response. I am very grateful to the noble Viscount, Lord Colville, for ...

Viscount Colville of Culross | 698 c592GC (Link to this contribution) Before the noble Lord decides what to do about the amendment, perhaps I may make what I hope is a he...

Baroness Vadera | 698 c591-2GC (Link to this contribution) I have some sympathy with the comments made and the intent behind the amendments. However, we do not...

Viscount Colville of Culross | 698 c590-1GC (Link to this contribution) I support the amendment. To impose the burden on local authorities of having to go through the hundr...

Lord Cope of Berkeley | 698 c593-4GC (Link to this contribution) First, I am delighted that the Minister says that the Government will look into the unexpected conse...

Lord Cope of Berkeley | 698 c592-3GC (Link to this contribution) moved Amendment No. 165: 165: Clause 63, page 28, line 31, at end insert ““the National Audit Offi...

Lord Hodgson of Astley Abbotts | 698 c611GC (Link to this contribution) I shall certainly take half a loaf off the table immediately. I thank the Minister for his reconside...

Baroness Vadera | 698 c612-3GC (Link to this contribution) It might surprise some noble Lords to learn that in principle I, too, am a great fan of sunset claus...

Lord Borrie | 698 c606-7GC (Link to this contribution) My noble friend has given me a very full reply. No doubt it will take me some time with my advisers ...

Viscount Colville of Culross | 698 c572-3GC (Link to this contribution) moved Amendment No. 152: 152: Clause 44, page 20, line 2, leave out ““, or presents a significant ...

Lord Cope of Berkeley | 698 c570GC (Link to this contribution) Although my Amendment No. 142 is due for a separate debate, it is covered by this group. In particul...

Lord De Mauley | 698 c569-70GC (Link to this contribution) moved Amendment No. 139: 139: Clause 41, page 17, line 24, at end insert— ““( ) where the person o...

Lord Bach | 698 c569GC (Link to this contribution) I have in front of me an explanation of how variable monetary penalties can be calculated, but I thi...

Lord Razzall | 698 c570GC (Link to this contribution) I, too, support the amendment and the words of the noble Lord, Lord Cope. This fundamental matter wa...

Baroness Vadera | 698 c579GC (Link to this contribution) The administrative sanctions in Part 3 offer regulators an effective alternative to criminal prosecu...

Lord Razzall | 698 c578GC (Link to this contribution) I support the noble Viscount and shall speak to Amendment No. 179 in this group. I am much obliged t...

Lord Bach | 698 c585GC (Link to this contribution) We have had an interesting debate and I am grateful to the noble Baroness, Lady Wilcox, for raising ...

Lord Cope of Berkeley | 698 c584-5GC (Link to this contribution) In this clash of principles across the Floor, in which the Liberal Democrats have just lined themsel...

Lord Borrie | 698 c583-4GC (Link to this contribution) The noble Baroness, Lady Wilcox, has dealt clearly, comprehensively and with an abundance of argumen...

Baroness Vadera | 698 c580GC (Link to this contribution) I apologise for my lack of clarity. For fixed monetary penalties and enforcement undertakings, the c...

Lord De Mauley | 698 c567-8GC (Link to this contribution) moved Amendment No. 137: 137: Clause 40, page 17, line 3, at end insert ““subject to a maximum amo...

Subjects

Disclosure of information

Compensation

Devolved matters

Appeals

Business

Civil proceedings

Delegated legislation

Direct selling

Fixed penalties

Fines

Local government