Clause 39
Regulatory Enforcement and Sanctions Bill [Lords]
5:15 pm
Lorely Burt (Shadow Minister, Department for Business, Enterprise and Regulatory Reform; Solihull, Liberal Democrat)
I agree with everyone who has spoken on this issue. It is a good principle to have penalties. We have had a lot of discussions about metaphorical parking tickets. I just want to make one point about fixed penalties. It is important that the penalty is appropriate, just like in “The Mikado”: let the punishment fit the crime. We should be wary of developing the mentality whereby one fixed penalty for one small company might be just as appropriate as a fixed penalty for a larger company. It is important to bear that in mind.
I draw the Minister’s attention to subsection (4)(b), that the relevant offence is
“punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment)”.
He referred earlier to the appeals system being through a tribunal. Does he not think that if we are talking about penalties that have the potential for someone to go to prison, we should have an appeals system that, if the company so wishes, goes through the courts and not through a tribunal?