My Lords, I have one question. The noble Lord, Lord Bach, has been saying repeatedly that this will not be used for investigatory situations but the Bill is unclear because it all comes under proposed new Schedule 19B, entitled "Investigatory Powers of Commission" at page 38. I support what my...

My Lords, I have one question. The noble Lord, Lord Bach, has been saying repeatedly that this will not be used for investigatory situations but the Bill is unclear because it all comes under proposed new Schedule 19B, entitled "Investigatory Powers of Commission" at page 38. I support what my...

I am most grateful to the Minister, but must confess that I am currently quite confused. I had thought that the idea of taking into account what a business has saved or extra profit it has made, or anything of that nature, was to be covered by variable monetary penalties....

I am most grateful to the Minister, but must confess that I am currently quite confused. I had thought that the idea of taking into account what a business has saved or extra profit it has made, or anything of that nature, was to be covered by variable monetary penalties....

I thank the Minister for that answer. There is still some residual worry. I find it difficult to spot how these prescribed criteria, which are obviously reasonably complex in order to attempt to be sensitive, will work in practice, and how they will vary in the exercise of the discretion....

I thank the Minister for that answer. There is still some residual worry. I find it difficult to spot how these prescribed criteria, which are obviously reasonably complex in order to attempt to be sensitive, will work in practice, and how they will vary in the exercise of the discretion....

moved Amendment No. 132: 132: Clause 38, page 16, line 5, at end insert ““and all relevant facts and matters relied upon to establish such grounds”” The noble and learned Lord said: I can speak briefly as a result of what I took to be a helpful explanation from the...

moved Amendment No. 132: 132: Clause 38, page 16, line 5, at end insert ““and all relevant facts and matters relied upon to establish such grounds”” The noble and learned Lord said: I can speak briefly as a result of what I took to be a helpful explanation from the...

moved Amendment No. 104: 104: Clause 34, page 14, line 16, leave out paragraph (b) The noble and learned Lord said: The amendment would leave out Clause 34(1)(b), which relates to the power over discretionary requirements and variable penalties. I speak also to Clause 34 stand part; Amendment No. 109...

moved Amendment No. 104: 104: Clause 34, page 14, line 16, leave out paragraph (b) The noble and learned Lord said: The amendment would leave out Clause 34(1)(b), which relates to the power over discretionary requirements and variable penalties. I speak also to Clause 34 stand part; Amendment No. 109...

I can see that in some cases it may be quite easy to say that you are sure that there is guilt. If the offender is carrying out an activity—for example, waste disposal—and does not hold the necessary licence, there may be no defence, although there may be issues about...

I can see that in some cases it may be quite easy to say that you are sure that there is guilt. If the offender is carrying out an activity—for example, waste disposal—and does not hold the necessary licence, there may be no defence, although there may be issues about...

I thank the Minister for a very full and careful answer and for the promise of further information. The further information will be of real help to the Committee and the Chamber because, while kind things have been said about the work I put into this, I have not achieved...

I thank the Minister for a very full and careful answer and for the promise of further information. The further information will be of real help to the Committee and the Chamber because, while kind things have been said about the work I put into this, I have not achieved...

Before the noble Lord does that, perhaps I may ask a question. The Housing Corporation is one of the designated regulators. That was another answer to my question that I received. It was surprising, because the Housing Corporation said that it did not prosecute at all and that the prosecutions...

Before the noble Lord does that, perhaps I may ask a question. The Housing Corporation is one of the designated regulators. That was another answer to my question that I received. It was surprising, because the Housing Corporation said that it did not prosecute at all and that the prosecutions...

In that case, I do not quite understand why the water and gas Acts are in Schedules 6 and 7, which brings them back within the scope again, so these authorities will have the opportunity—if the relevant orders are used—to use these provisions for penalties.

In that case, I do not quite understand why the water and gas Acts are in Schedules 6 and 7, which brings them back within the scope again, so these authorities will have the opportunity—if the relevant orders are used—to use these provisions for penalties.

I shall speak to my Amendment No. 117 in this group. Currently, the Bill says, "““the amount of the fixed monetary penalty may not exceed the maximum amount of that fine””." At present, I think that is normally at level 5. I suggest that it may not exceed half the...

I shall speak to my Amendment No. 117 in this group. Currently, the Bill says, "““the amount of the fixed monetary penalty may not exceed the maximum amount of that fine””." At present, I think that is normally at level 5. I suggest that it may not exceed half the...

I, too, support the amendment. The words, "““the grounds for imposing the monetary penalty””" appear in this amendment and in the Government’s legislation. Can the Minister tell us what we are likely to get by way of ““the grounds””? I do not want to debate a later amendment now, but...

I, too, support the amendment. The words, "““the grounds for imposing the monetary penalty””" appear in this amendment and in the Government’s legislation. Can the Minister tell us what we are likely to get by way of ““the grounds””? I do not want to debate a later amendment now, but...

I do not want to go on with this too long, but I was really picking up what the Minister was saying about the whole criteria rather than the technical details of the amendment. I have been worried ever since I looked at this business of questions of penalty and...

I do not want to go on with this too long, but I was really picking up what the Minister was saying about the whole criteria rather than the technical details of the amendment. I have been worried ever since I looked at this business of questions of penalty and...

From what the Minister says, unless the guidance to be given under the prescribed criteria is rather limited or arbitrary, which I am sure it is not, it sounds as though the prescribed criteria will say that you should take into account the following factors—I am making these up and...

From what the Minister says, unless the guidance to be given under the prescribed criteria is rather limited or arbitrary, which I am sure it is not, it sounds as though the prescribed criteria will say that you should take into account the following factors—I am making these up and...

The Minister was talking about some very minor offences. I thought that we lived in a world in which somebody had to commit such offences at least more than once before you could prosecute it at all. Will we find that these young officials are saying, ““We have an example...

The Minister was talking about some very minor offences. I thought that we lived in a world in which somebody had to commit such offences at least more than once before you could prosecute it at all. Will we find that these young officials are saying, ““We have an example...

I am using the word prosecution to mean penalties. Perhaps I should start to call them administrative penalties. It would get down people’s throats if they were getting administrative penalties all the time.

I am using the word prosecution to mean penalties. Perhaps I should start to call them administrative penalties. It would get down people’s throats if they were getting administrative penalties all the time.

My Lords, in supporting my noble friend Lady Anelay’s amendment, I make the following points. This is a civil penalty. No doubt the Minister has told us, but I am sorry that I do not know how much she has in mind for it and what the maximum is. However, what the amendment suggests...

My Lords, in supporting my noble friend Lady Anelay’s amendment, I make the following points. This is a civil penalty. No doubt the Minister has told us, but I am sorry that I do not know how much she has in mind for it and what the maximum is. However, what the amendment suggests...

My Lords, would the Minister not agree that the difficulty with the example that he has been careful to give is that you would normally expect the Crown Prosecution Service to charge it as causing death by dangerous driving. He said that the example was at the upper end of...

My Lords, would the Minister not agree that the difficulty with the example that he has been careful to give is that you would normally expect the Crown Prosecution Service to charge it as causing death by dangerous driving. He said that the example was at the upper end of...

My Lords, does the Minister not rather astonish himself? He is giving examples of cases where he says that the families ““know”” in circumstances in which it is pretty plain that the family was not present at the time. They were not witnesses, they just believe something to be the...

My Lords, does the Minister not rather astonish himself? He is giving examples of cases where he says that the families ““know”” in circumstances in which it is pretty plain that the family was not present at the time. They were not witnesses, they just believe something to be the...

My Lords, I am glad to have the opportunity to support noble Lords who seek to overturn the five-year—or indeed any—prison sentence being available for the punishment of careless driving in circumstances where death has been caused. It would be an enormous mistake if this House and Parliament were to pass...

My Lords, I am glad to have the opportunity to support noble Lords who seek to overturn the five-year—or indeed any—prison sentence being available for the punishment of careless driving in circumstances where death has been caused. It would be an enormous mistake if this House and Parliament were to pass...

I am grateful to the Minister. I had not intended to make exactly that point; it is complex. Could this be carefully thought about in the department before Report? The circumstances that worry me are rather different. I am concerned that such requests for information on the driver normally arrive...

I am grateful to the Minister. I had not intended to make exactly that point; it is complex. Could this be carefully thought about in the department before Report? The circumstances that worry me are rather different. I am concerned that such requests for information on the driver normally arrive...