Clause 39
Regulatory Enforcement and Sanctions Bill [Lords]
5:15 pm
Mark Prisk (Shadow Minister, Business, Enterprise and Regulatory Reform; Hertford and Stortford, Conservative)
I welcome the Minister’s remarks. I confess that for a moment, when he said the previous Government, I was not sure whether he meant that led by Mr. Blair or the previous Conservative Government, but I think that by the look on his face he meant the Conservative Government. I am happy to confirm that he concurs.
There is a strong role for this kind of penalty. The Minister is absolutely right to say that built into the clause, thankfully, are some sensible safeguards. In subsection (2) we have the important principle, “beyond reasonable doubt”. Although hon. Members will realise that that is usually a criminal matter, it sets the bar high. The other point is that subsection (4), as he rightly said, puts into place the cap, which is also an important principle.
In summary, there are problems with the related system, but the principle of these penalties can and does work, as the hon. Member for Amber Valley referred to in her own example. And they do, the evidence suggests, help drive the compliance rates up in a reasonable way. So the principle of fixed monetary penalties has some merit. The two particular limits or restraints give me confidence and therefore the clause is to be welcomed in principle.