Marine and Coastal Access Bill [HL]

My Lords, it is just over a year since we were at the start of the Climate Change Bill and the intervening months have seen also the passage of the Planning Bill and the Energy Bill. All three will have considerable influence on the implementation of this Marine and Coastal Access Bill. As a member of the Joint Committee on the draft Bill, I can attest that under the expert and business-like chairmanship of the noble Lord, Lord Greenway, the main issues were thoroughly explored. I compliment him on his leadership, which enabled us to cover the main territory and examine many of the side issues without wasting time on dead-ends; not that there was any time available for dead-ends, as the Government gave the committee a mere nine weeks in which to study the implications of this major and fundamental legislation. My noble friend Lord Taylor in his contribution in the debate on the gracious Speech and again today enumerated the delays to which this Bill has been subjected. I endorse his comment and hope that time taken in preparation will smooth its passage. Among the areas on which I believe we shall concentrate are, first, the points where the Bill may conflict with other legislation, as referred to by the noble Lord, Lord Davies of Coity; secondly, the issues affecting the setting up of the MMO; thirdly, the areas of government operation which may be affected by the Bill’s provisions, but which are not specified; and, lastly, the contentious issues about the coastal path. On the front of the Bill is the statement by the noble Lord, Lord Hunt of Kings Heath, stating that, in his view, its provisions are compatible with the Convention on Human Rights. In regard to Part 4, I wonder: no appeal and no compensation. That is a matter for another time. The MMO will have to make a contribution to the achievement of sustainable development. That is not defined in the Bill, but the notes explain that in taking decisions, the MMO will have to take a balanced view, having considered potentially adverse effects. The Secretary of State will issue guidance on how it should be done. What will be the duty of the MMO when the Secretary of State, acting under the Energy Act or the Planning Act, wants to do something which the MMO not only knows is wrong, but has, at a lower level or in a smaller way, already rejected? Should not the Bill carry a duty on the Secretary of State to consult the MMO in all matters which potentially affect sustainable development? Many organisations have contacted Members in both Houses to raise the possible discord of oil and gas developments being authorised under the Petroleum Act; barrages, bridges and tunnels getting the go-ahead via the Transport and Works Act; and, of course, the larger renewable installations proceeding via the Planning Act. Is it possible, for example, that the MMO may reject an application for 10 or a dozen wind turbines only to see a development of 100 being given permission for that same area and its surrounding seas? A similar set of concerns applies to marine planning. What mechanism will ensure that the marine policy statements agreed under this Bill will be acknowledged, never mind followed, by other departments with an interest in marine matters? Would the Navy, for example, forbear using sonar causing underwater explosions in areas where the Secretary of State for the Environment, Food and Rural Affairs decides that whales and dolphins need peace and quiet? How will the marine strategy be integrated with river basin management plans, regional spatial strategies and local development frameworks? Will the Government set up a hierarchy of decisions or will planning delay caused by the public’s right to inquiry merely be supplanted by that arising from the public policy paralysis? Will the Government continue their fixation with consultation and if so, who will be the stakeholders and who will be entitled to respond to the consultation? I am not expecting the Minister to answer these questions today but we will need to discuss them in great detail in Committee. The finer details of setting up the MMO are not specified in the Bill but I recall some of the issues that arose when MAFF and parts of other departments were subsumed into Defra. Will there be another situation where salary levels in one department are noticeably higher than those in another? Will the post-holders in that department have to reapply for their jobs, or will they just be moved or automatically given new jobs? Will the top jobs be open to all-comers or are they reserved for named staff in existing posts? And should parliamentarians and politicians be concerned with any of these issues? The MMO has a responsibility out to the 200 mile mark at sea—page 14, paragraph 78 of the Explanatory Notes—for the enforcement of marine nature conservation and national and EU fisheries provisions. What will happen to the existing arrangements; for example the memo of understanding between the EA and the Maritime and Coastguard Agency governing enforcement between sea and land-based pollution? Will the MMO take over the direction for the four emergency towing vessels that operate around the clock to help prevent groundings and other problems that might result in oil spillage? Will the MMO take over responsibility for the fishery protection vessels and any naval deployments relating the fisheries provisions? The enforcement of the EU ban on bottom-trawling in the high seas is another issue. Who takes responsibility for that? Will the MMO have a role in preventing pollution at sea from the sulphur content of marine diesel, which I understand contains some 15,000 parts per million compared with the mere 10 parts per million of our forecourt diesel? How and when will these matters be decided? Finally, there is the question of coastal access. Coastal paths exist already. I declare an interest in that I have a home in Suffolk which stands less than 200 yards from the sea. I and other members of my family enjoy walking along the dunes for miles on tarred roads, over heath land and along the seafront itself. Access to that system of paths and roads is easy to the point where one does not even have to think about it. Surely it will be possible for a coastal path all around the country to cover many miles of sea frontage without any formal access to the hinterland. In some places, this may not be a problem because the hinterland itself will be open-access. Indeed, as the noble Baroness, Lady Young, has just said, there are implications for the wildlife features based there. When the hinterland is laid to grass or cultivated, particularly where it houses livestock, the general public will have no rights of entry or thoroughfare. There are implications for safety, the treatment of emergencies and the response to weather conditions that are not covered in the Bill. As I said earlier, there are no appeals and no compensation. That leads to considerations of liability. The seaside is not a playground. A sandy beach with a lifeguard, under constant observation by the police and coastguard and with lifejackets every few yards, can still be the scene of death and tragedy. A lone walker on a lonely cliff-top path without any of those amenities will carry a vastly greater risk. I wish to be certain that those who own the land over which the path progresses will not find themselves caught up in the distress of walkers, whether to rescue them or to pay for any injuries. The Bill has to be made to work the first time round and completely so, as I suspect we shall not have a Bill like it again in the near future. As it stands, in spite of the work that has been done in advance, there are issues around national, regional and geographical boundaries that must be resolved before implementation is attempted. I was interested that the noble Lord, Lord Hunt, in his introduction, referred to the fact that there had been agreement, and I would be grateful if he could tell us a little more about the agreements that have been reached in this regard. I believe that Natural England has too much unregulated power. Insufficient recognition has been given to the fact that the interface between the sea and the land involves action in and on the former that has profound implications for the latter and its population. I welcome the Bill but we must make ensure practical solutions to enable business, preserve fishing, allow recreation and most importantly, protect the sea and its natural wildlife and habitats. Overall, the Bill is missing someone who is champion for the seas.