Parliamentary search - Regulatory Enforcement and Sanctions Bill [HL]

Type

Parliamentary proceeding

Reference

700 c795-848

Session

2007-08

Department

Department for Business, Enterprise and Regulatory Reform

Legislative stage

Report stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber

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

Regulatory Enforcement and Sanctions Bill (HL). As amended on Report.
Monday, 31 March 2008
Bills
House of Lords

Deposited Paper DEP2008-1034
Wednesday, 16 April 2008
Deposited papers
House of Lords

Proceeding contributions

Baroness Vadera | 700 c839 (Link to this contribution) moved Amendment No. 84: 84: Clause 63, page 29, line 31, leave out paragraphs (a) to (d) and inser...

Baroness Vadera | 700 c839 (Link to this contribution) moved Amendment No. 85: 85: After Clause 63, insert the following new Clause— ““Publication of enf...

Show all contributions (143)

Baroness Vadera | 700 c840 (Link to this contribution) moved Amendment No. 88: 88: Clause 65, page 30, line 22, leave out paragraphs (a) to (d) and inser...

Lord De Mauley | 700 c840-1 (Link to this contribution) moved Amendment No. 88A: 88A: Clause 65, page 30, line 26, leave out from ““place”” to ““beginning...

Baroness Vadera | 700 c841-2 (Link to this contribution) My Lords, I thank the noble Lord for raising this issue. Clause 65 requires the Minister who made th...

Lord De Mauley | 700 c842 (Link to this contribution) My Lords, I am most grateful to the Minister. I am particularly interested that ad hoc reviews are c...

Lord Razzall | 700 c839-40 (Link to this contribution) My Lords, nothwithstanding the lateness of the hour, it would be churlish of me not to thank the Min...

Lord Neill of Bladen | 700 c840 (Link to this contribution) My Lords, I hope that something can be done about the language of new subsection (1). It reads like ...

Baroness Vadera | 700 c840 (Link to this contribution) My Lords, I am grateful for the noble Lord’s drafting suggestions, which we will consider. On Quest...

Baroness Vadera | 700 c840 (Link to this contribution) moved Amendments Nos. 86 and 87: 86: Clause 64, page 30, line 7, leave out paragraphs (a) to (d) a...

Lord De Mauley | 700 c843 (Link to this contribution) My Lords, I am most grateful to the Minister. I am particularly interested that ad hoc reviews are c...

Baroness Vadera | 700 c843 (Link to this contribution) moved Amendments Nos. 89 to 90: 89: Clause 65, page 30, line 32, at end insert— ““( ) The relevant...

Baroness Vadera | 700 c842-3 (Link to this contribution) My Lords, I also wish to speak to Amendment No. 89. This amendment covers the same ground as Amendme...

Lord Borrie | 700 c846 (Link to this contribution) My Lords, I shall get in as well; I hope that I am not competing with the noble Baroness. I want to ...

Lord Razzall | 700 c845 (Link to this contribution) My Lords, I am not sure whether I will be popular or unpopular if I take this debate through 10.40 p...

Baroness Young of Old Scone | 700 c845 (Link to this contribution) My Lords, perhaps I should let the noble Lord off the hook by saying that I intend to speak after hi...

Baroness Vadera | 700 c843-4 (Link to this contribution) moved Amendments Nos. 96 to 97: 96: Clause 69, page 32, line 37, at end insert— ““““civil sanction...

Baroness Vadera | 700 c844-5 (Link to this contribution) moved Amendment No. 98: 98: Clause 70, page 33, line 15, at end insert ““keep that function under ...

Baroness Vadera | 700 c843 (Link to this contribution) moved Amendments Nos. 91 to 94: 91: Clause 66, page 30, line 40, after ““regulator”” insert ““to i...

Baroness Vadera | 700 c843 (Link to this contribution) moved Amendment No. 95: 95: Clause 67, page 32, line 8, at end insert ““or (c) a sum paid in disch...

Lord Lyell of Markyate | 700 c826-9 (Link to this contribution) moved Amendment No. 71: 71: Clause 53, page 25, line 32, leave out subsection (1) The noble and l...

Lord Borrie | 700 c829 (Link to this contribution) My Lords, I shall speak briefly because we all want to hear what the Minister will say. I find it di...

Lord Lyell of Markyate | 700 c829 (Link to this contribution) My Lords, I am grateful to the noble Lord for giving way because otherwise I have no means of answer...

Lord Bach | 700 c829 (Link to this contribution) My Lords, the noble and learned Lord can answer him adequately when the debate is completed because ...

Lord Razzall | 700 c829-30 (Link to this contribution) My Lords, I have not attempted to intervene very often in this debate, largely because, like the Min...

Baroness Wilcox | 700 c830 (Link to this contribution) I speak to Amendments No. 71 and 74 tabled by my noble and learned friend Lord Lyell of Markyate. As...

Lord Bach | 700 c830-2 (Link to this contribution) My Lords, I thank the noble and learned Lord for coming back to this issue. I have to tell him that ...

Lord Lyell of Markyate | 700 c832 (Link to this contribution) My Lords, the Minister has just said that the regulator, before he imposes a sentence—if I may use t...

Lord Lyell of Markyate | 700 c833 (Link to this contribution) My Lords, I am grateful to the noble Lord and I shall read carefully what he has said. On his final ...

Lord Bach | 700 c832-3 (Link to this contribution) My Lords, the regulator must be sure before he can find liability and impose a sanction. That is rig...

Lord Bach | 700 c833 (Link to this contribution) My Lords, perhaps I may write to the noble and learned Lord when I have had a chance to consider tha...

Baroness Vadera | 700 c836 (Link to this contribution) moved Amendment No. 76: 76: Clause 54, page 26, line 29, at end insert— ““(d) where information is...

Baroness Vadera | 700 c836 (Link to this contribution) moved Amendment No. 77: 77: Clause 59, page 27, line 35, leave out subsection (4) On Question, am...

Lord Lyell of Markyate | 700 c833-5 (Link to this contribution) My Lords, that is perfectly reasonable and I am most grateful to the noble Lord. On burden of proof,...

Baroness Vadera | 700 c835-6 (Link to this contribution) moved Amendment No. 75: 75: Clause 54, page 26, line 27, leave out paragraph (b) The noble Barone...

Baroness Vadera | 700 c838 (Link to this contribution) My Lords, we have considerable sympathy with the sentiments behind the amendments, particularly when...

Baroness Wilcox | 700 c838 (Link to this contribution) My Lords, I thank the Minister for that most helpful answer. I will not delay the House any longer. ...

Baroness Vadera | 700 c836 (Link to this contribution) moved Amendment No. 78: 78: Clause 62, page 28, line 35, leave out paragraphs (a) to (d) and inser...

Baroness Wilcox | 700 c836-8 (Link to this contribution) moved Amendment No. 79: 79: Clause 62, page 28, line 41, leave out paragraph (a) and insert— ““(a)...

Baroness Vadera | 700 c838-9 (Link to this contribution) moved Amendment No. 83: 83: Clause 62, page 29, line 13, leave out paragraphs (c) and (d) and inse...

Baroness Vadera | 700 c825 (Link to this contribution) My Lords, I must disagree. The procedure is not as described by the noble and learned Lord, and I am...

Lord Lyell of Markyate | 700 c825 (Link to this contribution) My Lords, the noble Baroness has just said that it is not correct to say that the regulator is inves...

Baroness Vadera | 700 c824-5 (Link to this contribution) My Lords, finally, I turn to Amendment No. 69. I thank the noble Lord, Lord De Mauley for tabling it...

Lord Borrie | 700 c823-4 (Link to this contribution) My Lords, the noble and learned Lord is absolutely right to say that the role of Professor Macrory l...

Lord Lyell of Markyate | 700 c823 (Link to this contribution) My Lords, as I look at the board I see that it is a zero-sum result, whatever that means. There are...

Lord Bach | 700 c823 (Link to this contribution) My Lords, I was not pointing to the noble and learned Lord; I was wondering whether the clock was on...

Baroness Vadera | 700 c826 (Link to this contribution) moved Amendment No. 70: 70: Clause 50, page 24, line 23, leave out subsections (1) and (2) and ins...

Lord De Mauley | 700 c826 (Link to this contribution) My Lords, I am most grateful to my noble and learned friend once again for his words of support. I a...

Baroness Vadera | 700 c826 (Link to this contribution) moved Amendment No. 68: 68: Clause 42, page 19, line 32, after ““accept”” insert ““or reject”” On...

Lord Lyell of Markyate | 700 c821 (Link to this contribution) My Lords, I am sorry; I may have been wrong. But suppose the Minister moves an amendment; are Member...

Lord Bach | 700 c821 (Link to this contribution) My Lords, of course they are, when that amendment is reached. That amendment has not been reached ye...

Lord Lyell of Markyate | 700 c821 (Link to this contribution) My Lords, I confess that I am further confused, and I really question whether the noble Lord, Lord B...

Lord Bach | 700 c821 (Link to this contribution) My Lords, I remind the noble and learned Lord of the rules of debate on Report: "““On report no Memb...

Lord De Mauley | 700 c822 (Link to this contribution) My Lords, in respect of Amendment No. 65A—I think that it is the amendment we are debating—the noble...

Baroness Vadera | 700 c822 (Link to this contribution) moved Amendment No. 67: 67: Clause 42, page 19, line 27, leave out ““may”” and insert ““must”” Th...

Lord Lyell of Markyate | 700 c822 (Link to this contribution) My Lords, I simply say that if I have erred, I apologise. I am most grateful to the noble Lord, Lord...

Lord Lyell of Markyate | 700 c822-3 (Link to this contribution) My Lords, although the noble Baroness has spoken to the amendment and presumably does not intend to ...

Baroness Vadera | 700 c819-20 (Link to this contribution) My Lords, I believe that I am responding to Amendment No. 65A, which I understand covers the same gr...

Lord Lyell of Markyate | 700 c820 (Link to this contribution) My Lords, I am most grateful for what the noble Baroness has just said about Amendments Nos. 67 and ...

Lord Bach | 700 c820 (Link to this contribution) My Lords, I am sure that the noble and learned Lord is going to ask a question for elucidation only....

Lord Lyell of Markyate | 700 c820 (Link to this contribution) My Lords—

Viscount Bledisloe | 700 c819 (Link to this contribution) My Lords, I cannot ask a question, so I suppose I will now have to speak. I fully understand the pu...

Lord De Mauley | 700 c819 (Link to this contribution) My Lords, I suspect that the noble Lord is right. I apologise; the principle of independence was the...

Viscount Bledisloe | 700 c819 (Link to this contribution) My Lords, is the noble Lord saying that if his amendment is passed, he will carry it through into th...

Lord De Mauley | 700 c819 (Link to this contribution) Yes, my Lords.

Viscount Bledisloe | 700 c821 (Link to this contribution) My Lords, the noble Lord cannot be saying that. The Minister can move all the amendments in a group....

Baroness Vadera | 700 c818 (Link to this contribution) moved Amendment No. 65: 65: Clause 41, page 18, line 32, at end insert— ““( ) Where a variable mon...

Viscount Allenby of Megiddo | 700 c818 (Link to this contribution) My Lords, we now return to Amendment No. 65A, to which the noble Lord, Lord De Mauley, has spoken bu...

Lord Bach | 700 c817 (Link to this contribution) My Lords, perhaps the noble Viscount will give way. I know that this evening has not been a classic ...

Viscount Eccles | 700 c817 (Link to this contribution) My Lords, I have a very short question. The Minister talked about capturing the financial benefit as...

Lord De Mauley | 700 c818 (Link to this contribution) moved Amendment No. 65A: 65A: Clause 42, page 18, line 39, leave out ““the regulator”” and insert ...

Viscount Bledisloe | 700 c818 (Link to this contribution) My Lords—

Viscount Allenby of Megiddo | 700 c818 (Link to this contribution) My Lords, I must first call the amendment. It is in order for the House to debate Amendment No. 65A....

Lord De Mauley | 700 c815 (Link to this contribution) moved Amendment No. 64: 64: Clause 41, page 18, line 17, at end insert ““subject to a maximum amou...

Lord De Mauley | 700 c815 (Link to this contribution) Not moved. [Amendment No. 62 not moved.] [Amendment No. 63 not moved.]

Lord Lyell of Markyate | 700 c816-7 (Link to this contribution) My Lords, Amendment No. 65 can be regarded as benign in the context of the Government’s approach, bu...

Baroness Vadera | 700 c815-6 (Link to this contribution) My Lords, in Committee, as the noble Lord said, we debated whether there should be a cap on the leve...

Lord Lyell of Markyate | 700 c812 (Link to this contribution) My Lords, I think I am satisfied with what the noble Baroness has said. However, we are dealing part...

Baroness Vadera | 700 c811-2 (Link to this contribution) My Lords, I must confess to being somewhat procedurally confused. On Amendment No. 59, as we stated ...

Baroness Vadera | 700 c812 (Link to this contribution) moved Amendment No. 61: 61: Clause 40, page 18, line 3, after ““that”” insert— ““(a) in a case whe...

Lord Geddes | 700 c814-5 (Link to this contribution) My Lords, before spelling out the amendment proposed, perhaps I may advise the House that Amendment ...

Lord De Mauley | 700 c812-4 (Link to this contribution) had given notice of his intention to move Amendment No. 62: 62: Clause 41, page 18, line 13, leave...

Lord Desai | 700 c811 (Link to this contribution) My Lords, we have enough of a muddle. Amendment No. 59 is not in this group and the noble and learne...

Lord Geddes | 700 c810 (Link to this contribution) My Lords, I must advise your Lordships that if Amendment No. 57 is agreed to I cannot call Amendment...

Lord Lyell of Markyate | 700 c811 (Link to this contribution) My Lords, I wear two hearing aids, so I might have misheard. But I understood the Deputy Speaker to ...

Baroness Vadera | 700 c808 (Link to this contribution) My Lords, the proposed subsection enables flexibility and thus allows for new defences to be created...

Baroness Vadera | 700 c809-10 (Link to this contribution) My Lords, I should be clear that we have an understanding of what we anticipate and expect from trib...

Lord Lyell of Markyate | 700 c809 (Link to this contribution) My Lords, my noble friend has rightly pointed out the sheer breadth of the 28 regulators in Schedule...

Viscount Eccles | 700 c809 (Link to this contribution) My Lords, I have two very short points to make. One amplifies the points made by the noble Lord, Lor...

Lord Lyell of Markyate | 700 c808-9 (Link to this contribution) My Lords, I shall say a word or two about government Amendment No. 83. We are not clear about this a...

Lord Neill of Bladen | 700 c808 (Link to this contribution) My Lords, does my question permit of an answer?

Baroness Vadera | 700 c808 (Link to this contribution) My Lords, I am very grateful to the noble and learned Baroness for her intervention and question. As...

Lord Neill of Bladen | 700 c807 (Link to this contribution) My Lords, are we still addressing Amendment No. 57? Is it in order to speak to Amendment No. 57, or ...

Baroness Butler-Sloss | 700 c806-7 (Link to this contribution) My Lords, I wish to speak not to Amendment No. 56 but to government Amendment No. 83. I hope noble L...

Lord Neill of Bladen | 700 c807-8 (Link to this contribution) My Lords, I have a question for the noble Baroness, but I confess to the fact, for the benefit of th...

Lord Geddes | 700 c807 (Link to this contribution) My Lords, it is entirely in order to speak to any of the amendments grouped with Amendment No. 56. W...

Lord Geddes | 700 c806 (Link to this contribution) My Lords, it may help noble Lords if I say that we now come to Amendment No. 56, which is grouped wi...

Lord Neill of Bladen | 700 c806 (Link to this contribution) My Lords— Amendment, by leave, withdrawn.

Lord Geddes | 700 c806 (Link to this contribution) My Lords, we are in the grouping now if any noble Lord wishes to speak.

Lord Goodlad | 700 c806 (Link to this contribution) moved Amendment No. 56: 56: Clause 39, page 17, line 6, leave out from ““(2)”” to end of line 7 T...

Lord Lyell of Markyate | 700 c806 (Link to this contribution) My Lords, I entirely agree. I rather took the noble Lord, Lord Neill of Bladen, aback. I was in the ...

Lord Bach | 700 c805 (Link to this contribution) My Lords, before any noble Lord answers, the Clerks, as always, have come up with the answer to our ...

Lord Razzall | 700 c804-5 (Link to this contribution) My Lords, I had not intended to intervene, but I am extremely puzzled by this. I have been listening...

Lord Lyell of Markyate | 700 c804 (Link to this contribution) My Lords, I apologise for intervening, but the noble Lord, Lord Bach, has at last got it right. We s...

Lord Bach | 700 c804 (Link to this contribution) My Lords, I apologise to the House, because I think that, on that group, it was a mistake to advise ...

Viscount Bledisloe | 700 c804 (Link to this contribution) My Lords, we have got into this mess because the noble Lord, Lord Bach, has invented an entirely new...

Lord Desai | 700 c804 (Link to this contribution) My Lords, we are in a bit of a muddle. Perhaps I can clarify, from my experience, what will happen. ...

Baroness Butler-Sloss | 700 c803-4 (Link to this contribution) My Lords, it has not been discussed. Only the government Minister spoke on Amendment No. 83, purely ...

Lord Bach | 700 c803 (Link to this contribution) My Lords, perhaps I can help the noble and learned Baroness. I hope that fairly shortly we shall com...

Lord Bach | 700 c795 (Link to this contribution) My Lords, I beg to move that the Bill be now further considered on Report. Moved accordingly, and, ...

Baroness Vadera | 700 c797 (Link to this contribution) My Lords, I would never accuse the noble and learned Lord of being unjust, but perhaps I may clarify...

Lord Lyell of Markyate | 700 c797 (Link to this contribution) My Lords, I set the limit at an arbitrary figure in order to probe what was in the Government’s mind...

Baroness Vadera | 700 c797-8 (Link to this contribution) My Lords, the limit that would be set by Amendment No. 54 appears to be regardless of sector. For ex...

Lord Goodlad | 700 c798-9 (Link to this contribution) My Lords, I thank the noble Baroness and the noble Lord, Lord Bach, for seeking to achieve a consens...

Lord Lyell of Markyate | 700 c796 (Link to this contribution) My Lords, I am grateful to the Minister for her brief explanation of government Amendment No. 53, wi...

Lord Bach | 700 c796 (Link to this contribution) My Lords, I shall do my best to explain. The noble Baroness has done what is quite normal on a group...

Baroness Butler-Sloss | 700 c796 (Link to this contribution) My Lords—

Lord Lyell of Markyate | 700 c796-7 (Link to this contribution) My Lords, I am most grateful for the clarification; I can certainly live with that. My amendment de...

Baroness Vadera | 700 c795-6 (Link to this contribution) moved Amendment No. 53: 53: Clause 38, page 16, line 38, leave out from ““amount”” to end of line ...

Lord De Mauley | 700 c799 (Link to this contribution) My Lords, I welcome the Government’s support for Amendment No. 56. I also welcome government Amendme...

Baroness Butler-Sloss | 700 c803 (Link to this contribution) My Lords, I have not spoken on this Bill, and I wish to speak only to Amendment No. 83, in particula...

Lord Borrie | 700 c803 (Link to this contribution) My Lords, I am wondering whether the noble and learned Baroness is speaking to the right amendment. ...

Lord Geddes | 700 c803 (Link to this contribution) My Lords, is it your Lordships’ pleasure that the amendment be withdrawn?

Lord Geddes | 700 c803 (Link to this contribution) My Lords, does the noble and learned Lord wish to move his amendment?

Lord Lyell of Markyate | 700 c803 (Link to this contribution) My Lords, I apologise. I wish to withdraw it and the other two, in due course.

Lord Geddes | 700 c800 (Link to this contribution) My Lords, all amendments can be spoken to in the order in which they come in the Marshalled List. Th...

Lord Lyell of Markyate | 700 c800-2 (Link to this contribution) moved Amendment No. 55: 55: Leave out Clause 38 The noble and learned Lord said: My Lords, Amendm...

Baroness Vadera | 700 c799-800 (Link to this contribution) My Lords, I thank in particular the noble Lord, Lord Goodlad, for raising this important issue and f...

Lord Lyell of Markyate | 700 c800 (Link to this contribution) My Lords, I apologise for needing guidance on procedure. Will the noble Lord in the Chair be giving ...

Baroness Vadera | 700 c846 (Link to this contribution) moved Amendments Nos. 99 and 100: 99: Clause 70, page 33, line 17, leave out ““are”” and insert ““...

Baroness Young of Old Scone | 700 c846 (Link to this contribution) My Lords, before there is an unalloyed vote of praise for the Minister, I should briefly sound a dis...

Baroness Vadera | 700 c846 (Link to this contribution) My Lords, I am grateful to noble Lords for their comments and to the noble Baroness; we have had ext...

Baroness Vadera | 700 c846-8 (Link to this contribution) moved Amendments Nos. 102 to 104: 102: Clause 71, page 34, line 8, leave out subsections (1) and (...

Lord De Mauley | 700 c818 (Link to this contribution) My Lords, I am grateful to my noble and learned friend, who put the point much better than I did. I ...

Baroness Vadera | 700 c812 (Link to this contribution) My Lords, I can certainly confirm that, particularly when it comes to blokesses. On Question, amend...

Lord Neill of Bladen | 700 c803 (Link to this contribution) My Lords, is there an option in the matter? One cannot speak if the amendment has been withdrawn, an...

Lord Bach | 700 c821 (Link to this contribution) My Lords, when we reach Amendments Nos. 67 and 68 in the name of my noble friend, she will move them...

Baroness Vadera | 700 c818 (Link to this contribution) My Lords, as noble Lords are aware, there has been considerable discussion about the regulator's req...

Lord Lyell of Markyate | 700 c811 (Link to this contribution) My Lords, before Amendment No. 57 is agreed to, perhaps I may speak briefly to my Amendment No. 59. ...

Baroness Anelay of St Johns | 700 c821-2 (Link to this contribution) My Lords, I think that the noble Lord, Lord Bach, is trying to assist my noble and learned friend by...

Viscount Eccles | 700 c817 (Link to this contribution) My Lords—

Lord Bach | 700 c810-1 (Link to this contribution) moved Amendment No. 57: 57: Clause 39, page 17, line 8, leave out subsections (2) to (5) and inser...

Lord Borrie | 700 c805-6 (Link to this contribution) My Lords, I am assuming that we are on Amendment No. 55. There are no other amendments grouped with ...

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