Lord Udny-Lister (Con)

My Lords, I have tabled two amendments in this group, both with the intention of creating a stepped and more proportionate approach to fixed penalty notices, which I feel to be a very draconian measure in the first instance. Under the unamended drafting, the Bill would allow immediate penalties regardless of the scale or context of the offence committed. This is bad practice, contrary to the societal change that is needed if this legislation is to succeed. Through these amendments, I want to enable enforcement authorities to apply sanctions gradually starting—this is important—with education and warnings for minor or first-time breaches. These would escalate only when non-compliance persists. This is a well-established approach of enforcement that is rooted in fairness. The goal of the Bill should be not to trap small retailers or inadvertent offenders in red tape but to encourage dialogue and corrective measures to be the mantra of our enforcement agencies. This is how you get change and compliance. The tiered approach that I have outlined through Amendment 74 will build some much-needed credibility into the enforcement clauses of the Bill in a way that keeps the law tough when needed but ensures—this is important—that it is proportionate and, above all, fair. I beg to move the amendment.