Clause 42
Regulatory Enforcement and Sanctions Bill [Lords]
6:00 pm
Mark Prisk (Shadow Minister, Business, Enterprise and Regulatory Reform; Hertford and Stortford, Conservative)
It has been a helpful debate. As the Minister rightly said—I think that it is the most important point in the Bill—guidance has already been established. He explored several instances, which I did not notice in reading the explanatory notes, that set out the options available when considering a cap, and not only the options available to Ministers. The Government, rightly, do not reject the principle of a cap but rather recognise the dangers of limitation. I fully understand.
It is also important, however, to bear in mind that the amendments are a symptom of a wider concern. The nature of the system is such that someone whose guilt must be proved against them does not have the option of putting their case before an ordinary court of law, so one wants to make sure that the Government are aware of the dangers in the other parts of the system, hence the amendment and some of the previous amendments.
My purpose in tabling the amendment was to establish exactly what the Government’s view of the caps was. They clearly accept the need for caps in certain cases, and I agree, but on balance, I think that the Minister is probably correct to say that it would be a mistake to write a statutory, narrow and strict requirement into the Bill. That is a perfectly reasonable argument. It has been a useful debate, and on that basis I beg to ask leave to withdraw the amendment.