I do not agree. We have been careful to ensure that the access plan is an agreement between the institution and director. We considered judicial review in deciding whether there should be an appeals process between the institution and director if the access plan was rejected, but we decided that it would build in delay and bureaucracy and that, in any case,

the institution had access to judicial review if it felt so strongly about the issue. I cannot predict what individuals will try to do through the courts, but we can be assured that the Bill is clear about who has the power of enforcement: the director.

If we kept the regulator out of Wales, we could give Offa's dyke a completely new meaning—I have been waiting to use that one, Mr. Stevenson. However, on amendment No. 232, I repeat that the Welsh Assembly has not decided whether it will introduce variable fees after 2007. It is important to say that because we may not have time to discuss related issues. Should variable fees be introduced in Wales, however, the Bill provides a framework for the Assembly to implement variable fees. That includes powers to designate an authority to agree fee plans and undertake a similar role to that of the director in England. The exact mechanisms for agreeing and monitoring the plans have not been determined and will be tailored to meet specifically Welsh circumstances, and the Bill allows the Assembly the flexibility to determine the appropriate authority to approve and monitor plans.

In practice, the relevant authority in Wales could refuse to renew a plan in respect of an institution that had, for example, charged fees that were higher than the permitted amount. Additionally, financial sanctions set out under the enforcement measures in clause 36 could be applied. The same argument applies: we do not believe that in England or Wales there is any chink in the armour as far as this legislation is concerned, and we are clear that enforcement lies with the director. We think that the amendments are unnecessary, and I urge my hon. Friend not to insist on them.