Regulatory Enforcement and Sanctions Bill [Lords] – in a Public Bill Committee at 10:15 am on 19 June 2008.
Mark Prisk
Shadow Minister (Business, Enterprise and Regulatory Reform)
I beg to move Amendment No. 45, in Clause 66, page 32, line 6, at end add—
‘(2) Where the regulator is a local authority or authorities, prior to the provision being made the relevant authority shall consult the LBRO as to whether the authority or authorities are fully compliant with the said principles and will continue to act in accordance with those principles.
(3) Notwithstanding subsection (2), the relevant authority may proceed to make the provision in subsection (1) with the condition that the LBRO is satisfied that any authority that is not fully compliant will become fully compliant within one year of the provision being made.’.
Christopher Chope
Conservative, Christchurch
With this it will be convenient to discuss new Clause 3—Duty to secure observance of Code of Practice—
‘Where any local authority has been granted powers under Part 3 of this Act, the LBRO shall have the duty or reviewing and, if appropriate, certifying every three years whether local authorities are compliant with the provisions of any Code issued under Section 22 of the Legislative and Regulatory Reform Act 2006.’.
Mark Prisk
Shadow Minister (Business, Enterprise and Regulatory Reform)
I want the new Clause to be regarded as a distinct element. If the Minister embraces both proposals warmly, the matter will be resolved, but if not, we may wish to press them to a Division. It would be appropriate to hear his response, but we might wish to deal with new clause 3 separately.
Amendment No. 45 would insert two subsections into the clause. It relates to local authorities, and it would reinforce the need for all regulators to be fully compliant with the Hampton principles. We have debated them, so I shall not rehearse them now. The amendment stems, as does new clause 3, from worries that have been expressed by business. I am particularly grateful to the British Retail Consortium for bringing the issue to my attention. It is worried that this part of the Bill does not explicitly state roots in the Hampton principles, and it wants consistency in the compliance of regulations with those principles. It says that not only when regulators begin their process should they be seen to be compliant, but that there should be a process by which that is made consistent throughout their operation.
The amendment would provide the Government with a compromise. It would allow the powers to proceed as the clause envisages, even if some authorities are not currently compliant. It would give the Local Better Regulation Office a role to ensure that such authorities become compliant in a year. It would make sure of the opportunity to achieve Hampton compliance. We can all think of local authorities that may achieve that at a particular point, but we believe in the principles and want the whole system to be skewed towards ensuring that the maximum number of authorities are compliant, and thus able to participate.
New clause 3 would ensure that other regulators who can use the administrative penalties are also consistently compliant with the Hampton principles. As the Minister knows, the Macrory report was clear that the use of administrative penalties should only be for regulators who are consistently compliant. As drafted, the Bill does not seem to secure ongoing compliance. It requires an assessment prior to the first allocation of the powers, but not thereafter. It may well be that with the vast range of resources behind him, the hon. Gentleman can identify the fact that such a provision is embedded in another part of the Bill. Unless he can show that a consistent compliance provision exists, the new clause would strengthen the Bill’s Hampton credentials. Consistency is just as important as being compliant at the beginning, so if I may I shall move the amendment and new clause 3.
Christopher Chope
Conservative, Christchurch
We shall come to new Clause 3 formally later, but we can debate the two provisions together now.
Lorely Burt
Shadow Minister (Business, Innovation and Skills), Chair of the Liberal Democrat Parliamentary Party
I agree with the sentiment behind the new Clause. So many companies will feel frustration if they are encumbered with a local authority that is not working within the spirit and the law of the Hampton principles. The new clause would give the LBRO auditing powers to see that local authorities comply with the Hampton principles and the ability to certify them as compliant every three years. I should be grateful if the Minister would elucidate on whether such matters are catered for elsewhere in the Bill or whether the proposal would introduce something new that would be helpful.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
