Local Government Enforcement Review (Hansard, 20 December 1995)

§ Mr. Freeman

The then President of the Board of Trade and the Secretary of State for the Environment commissioned the local government enforcement review on 17 January 1994. Its remit was to look at the scope for improving co-ordination and reducing inconsistencies in the way legislation is enforced by local authorities. This follows concerns about burdens on business raised by the business deregulation task forces chaired by Lord Sainsbury.

The report of the review team was published on 30 September 1994. It identified examples of existing best practice which might be more widely adopted by local authorities, including means of making enforcement more transparent, providing guidance, and encouraging flexibility. Relevant organisations including local authorities, business and professional bodies were consulted. Some 150 replies were received and carefully considered. There was broad support for the report's recommendations.

The Government's conclusions in response to the review are as follows:

The Government welcome the fact that the local authority associations have responded to the review by commissioning the production of a guide to good practice in local authority enforcement, accepting many of the recommendations of the review including the setting and publishing of clear and fair enforcement policies and complaints procedure; communicating effectively with business about requirements imposed by legislation; and involving business in the enforcement process generally, in a spirit of co-operation designed to reduce the need for heavy-handed enforcement. Work on the guide is underway, and the Government look forward to final publication with great interest.The Government agree that the review's recommendation that local authority officials be consulted at an early stage about proposed new EC laws which will have an impact on local authority enforcement. The Government accept that this should also be the practice for United Kingdom legislation—as it frequently is. Local business partnerships, which promote a dialogue between business and enforcement officers, have an important part to play by extending this consultation process to the business community who ultimately have to fulfil the requirements of the legislation.

The Deregulation and Contracting Out Act 1994, which received Royal Assent after the local government enforcement review was published, takes the review's recommendations further in two areas:

Section 5 of the Act enables Ministers to introduce into existing legislation requirements which the review proposed as good practice. This includes a requirement for enforcement officers to provide a written explanation of any remedial action suggested, what action is necessary and why with a chance to make representation, and to provide details of the mechanisms for appealing against the enforcement action.Section 6 of the Act provides for the introduction of a model appeals mechanism which will be available for take-up by Departments, which should provide a quicker, simpler and less 1216W expensive way for business to challenge decisions when other means of resolving the difference of views have been exhausted.

The review also made recommendations concerning co-ordination by different local enforcement departments of inspection visits they make on business. These were echoed by similar recommendations in the September 1995 deregulation task force report, which have been accepted by Ministers. The Cabinet Office deregulation unit will discuss with central Government Departments and with enforcers how best these recommendations might be taken forward.