Local Government and Public Involvement in Health Bill

In answer to the concerns of the noble Lord, Lord Hanningfield, authorities have discretion. On Amendment No. 225ZE, Clause 132 already provides local authorities with discretion to use the receipts raised from fixed penalty fines for purposes other than enforcement of nuisances if they consider that appropriate. We are not trying to tie the hands of local authorities in this respect. I hope therefore that the noble Lord will agree to withdraw the amendment. Perhaps while I am on my feet I can speak to the noble Lord’s opposition to Clause 133. That clause gives the Secretary of State power to issue guidance about the new procedures for making by-laws and the use of fixed penalties to enforce by-laws. That guidance will help to ensure consistency of standards and provide local authorities with a robust framework of guidance and support. Again, we are not trying to restrict local authorities through guidance; we are trying to lay out a map for consistent standards across the piece and hoping that that guidance will allow local authorities to have a robust framework of support.