Clause 34

Part of Regulatory Enforcement and Sanctions Bill [Lords] – in a Public Bill Committee at 4:45 pm on 17 June 2008.

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Photo of Mark Prisk Mark Prisk Shadow Minister (Business, Enterprise and Regulatory Reform) 4:45, 17 June 2008

This has been a helpful debate. I accept that a number of the orders principally relate to technical matters. As the Minister highlighted, the orders in parts 1 and 3 are subject to the positive resolution. However, that is not the case here. I considered the issue with some care and looked at the matter in terms of schedule 4. Enforcement action is quite an extensive part of the Bill in relation to the way it reaches the operations of the LBRO. That is particularly the case in those areas  where the actions of the LBRO will impinge upon the businesses concerned—the regulated person, as it were.

My problem is that the LBRO itself is not accountable to us. Therefore it is important that we strengthen our ability to scrutinise the Government’s actions wherever else we can. Although I accept that, for the most part, the principal purpose of the orders for this part is technical, the enforcement action is nevertheless important. If I might refer to the metaphor used by the Minister, enforcement action will be the teeth that are often seen and, indeed, felt by the regulated persons. It is therefore important that we have the opportunity—no more than that—to debate these matters in an appropriate fashion. Although I understand the assurances of the Minister and do not always think it is appropriate to pursue the positive resolution on technical matters, on this occasion it is. I therefore seek to press the amendment to a Division.