Member

Clause 5 allows Ministers, when making secondary legislation, to interpret existing powers to impose monetary penalties so the civil standard of proof can be used. Regulators can currently impose civil penalties when they are satisfied “beyond reasonable doubt” that an offence has been committed. These civil penalties are imposed by the regulators, rather than through the courts. The criminal standard of proof is appropriate for severe offences—for example, when there is a major impact on human health, quality of life or the environment. The high investigatory burden is not proportionate for minor to moderate offences, which have a far lower impact. Clause 5 will allow these offences to be enforced more quickly, cost-effectively and proportionately by enabling penalties to be imposed using the civil standard of proof. This is in line with penalties available to other sectors that apply the civil standard of proof. The Environment Agency already has civil standard penalty powers for other enforcement regimes such as climate change.