I support the amendment that has been so ably moved by my noble friend Lord Tunnicliffe. In particular, I will raise some questions about how the Government see the terms of Clauses 83 to 86 impacting on bodies exercising regulatory functions, including those coming under the auspices of the Home Office. At the moment, subject to what the Minister says in response, one rather gets the impression, as my noble friend Lord Tunnicliffe suggested, that Clause 83 may be a bit of a lawyers’ paradise and a basis for legal proceedings against regulatory functions, whether or not they have taken that factor into consideration and thus the creation of considerable uncertainty.
As I understand it, the Home office bodies it is intended should fall within the scope of these clauses include the animals and science regulation unit, the Disclosure and Barring Service, the Gangmasters Licensing Authority, the National Counter Terrorism Security Office and the Security Industry Authority. It will be a requirement under this Bill for these bodies in exercising their regulatory functions to have regard to the desirability of promoting economic growth and, in particular, for the regulator to consider the importance of the promotion of economic growth of exercising the regulatory function in a way that ensures that regulatory action is taken only when it is needed and that any action is proportionate.
The Explanatory Notes quote as background to these provisions a report by the noble Lord, Lord Heseltine, which the notes say,
“recommended that the government should impose an obligation on regulators to take proper account of the economic consequences of their actions”.
That is not actually the same as promoting economic growth. Unlike Clause 83, taking proper account of the economic consequences of actions would, for example, include at least some if not all of the issues referred to in my noble friend Lord Tunnicliffe’s amendment, including exercising the regulatory function in a way that does not cause significant detriment to consumers, employees, the environment, health and safety and equality rights.
One of the regulatory bodies under the Home Office is the Disclosure and Barring Service, which is a regulator only as it relates to the conditions of registration under the Police Act 1997 that apply to bodies registered or wishing to register with the DBS to be able to submit applications for individuals for criminal record
certificates. If I am correct in saying that, presumably the provisions in Clauses 83 to 86 would relate only to this element of the DBS functions. But I would be grateful if the Minister could say in his response exactly what part of the functions of the Disclosure and Barring Service is intended should be covered by Clauses 83 to 86.
Will the Minister also say in his response how it is considered the Disclosure and Barring Service has operated up to now in a way that has not complied with the provisions of Clause 83 and thus what change he considers that Clause 83 will make to the way in which the DBS will in future carry out its regulatory role compared with the way in which it has carried out its role to date?
The Gangmasters Licensing Authority also comes under the umbrella of the Home Office. The GLA describes itself as a regulator with licensing, enforcement and compliance functions, all of which combine to create a prevention framework for the protection of workers from exploitation. It has two regulatory sanctions—revocation of a licence and prosecution of unlicensed organisations and those who use unlicensed companies. The GLA has told us that it operates within a regulatory framework, with independent and objective accountability, taking decisions that have a regulatory impact on businesses that are appropriate and proportionate where such impacts benefit the economic growth of compliant businesses.
Bearing in mind the fact that the regulatory function of the GLA is to protect workers from exploitation by unscrupulous companies and in so doing level the playing field for organisations that wish to trade and operate ethically, will the Minister explain in what way Clauses 83 to 86 will result in a change in the way that the Gangmasters Licensing Authority will be expected to carry out its regulatory role in future under the Bill compared with the way in which it has carried out its regulatory role to date? If the Government deem it necessary for the GLA to be required under the law to have regard to promoting economic growth, do they not think it equally important that it should be in the Bill, as provided for in my noble friend’s amendment, that a body whose reason for existence is to prevent exploitation of workers should, in meeting its new statutory duty to have regard to the promotion of growth, also have a statutory duty under the Bill not to take regulatory action that would cause significant detriment to employees?
The Explanatory Notes state that the post-implementation review of the regulators compliance code found that regulators had a tendency to regard economic growth as subsidiary to their statutory duties. How many regulators fell into that category? Was it all of them and, if not, which are the ones that operate in the regulatory bodies that it is intended will be covered by Clauses 83 to 86?
The Government clearly believe that Clauses 83 to 86 will change the way in which regulatory bodies and regulators will carry out their role, including the decisions they make; otherwise, why is this clause being included? If the Government are not going to accept my noble friend’s amendment, that will also indicate that the Government are seeking to change the balance of
regulators’ decisions to the detriment of the groups and factors mentioned in my noble friend’s amendment; otherwise, they would accept the amendment.
The question is: what will Clauses 83 to 86 mean in reality? Can the Minister please provide a list of the regulatory bodies expected to be covered by these clauses, showing the extent to which the Government consider that each one does or does not already meet the terms of Clause 83 in carrying out its role? If the Government do not consider that they already operate in accordance with the terms of Clause 83, can the Minister please provide information on decisions that those regulatory bodies have previously made which the Government consider would have been different had Clause 83 been on the statute book? It is only with that information available that we will be able to form a view on whether the clause is basically verbiage for show or whether it will change decisions being made by regulators. If so, in what way, and to whose benefit and to whose disadvantage would that be?