Marine and Coastal Access Bill [HL]

Of course, the Marine Management Organisation must take objective decisions on the basis of the best available evidence in the context of the guidance given to it by the Secretary of State and the marine planning statement. However, I still think that there are always risks in establishing a list of factors that have to be taken into account. The noble Lord, Lord Kingsland, knows the risk of lists. He says that in the case of his amendment there is, in a sense, no higher duty and that it warrants greater consideration than any other matter. No one would disagree that scientific evidence is critical to the decisions, but I am wary of going down the route that he suggests in terms of the drafting of the Bill. I hope that he will accept that the Government wish to see scientific research and evidence developed on the marine area. The noble Lord, Lord Greenway, made an important point about our current knowledge. Of course, we want to see the Marine Management Organisation make its decisions on the basis of the best available evidence, but I am cautious about accepting the noble Lord’s amendment as he has proposed it. There is the same risk with the noble Lord’s amendment on consultation. If we single out scientific bodies in primary legislation above other interests, we may well exclude organisations that the MMO ought to consult in other cases because we specify in the legislation that it is that class of bodies that have to be consulted. I want to reassure the noble Lord, Lord Kingsland, that the MMO needs to employ people who have the appropriate skills and expertise to carry out its functions. I sympathise with the intention behind his amendment. I undertake to ensure that recruitment of staff will be undertaken professionally. Work is already under way to identify the skills and expertise that the organisation will need to carry out the new functions, as well as to prepare for the robustness of the skills base as the existing functions of the current Marine and Fisheries Agency transitions to the Marine Management Organisation. Of course scientific staff will be necessary, but so will other professions and abilities, ranging from engineering, fisheries management, statistical interpretation, planning and economics, to social science as well as marine science and conservation. In addition to the skills of the staff directly employed, the Marine Management Organisation needs to be able to call on expertise from elsewhere. For example, the current marine licensing operations are informed by science and evidence input from the Centre for Environment, Fisheries and Aquaculture Science within my department. We intend that that key input should continue to be available to the MMO. It may be thought unnecessary or not cost-effective for the MMO to set up similar expertise when existing expertise will be available to it. That will be a matter for the MMO in discussion with my department. What is not in doubt is that the MMO will have the expertise available either on staff or within the Centre for Environment, Fisheries and Aquaculture Science. Nor should there be any doubt that the Marine Management Organisation will understand the need to ensure that it has the high-level scientific advice appropriate to it. We have already discussed our intention for the MMO to have a scientific advisory board. I have already said that we intend to ensure that the MMO has that. There is no disagreement between us about the importance of scientific evidence and of having the right expertise, whether it is employed by the MMO board or made available to it through other agencies. I accept the point raised by the noble Baroness about access to data. I am sure that we will debate that under future amendments. The noble Baroness, Lady Hamwee, wanted reassurance on the question of consistency in Clause 2. She seeks a commonsense interpretation; she is right. I refer her to Clause 45, ““Amendment of statement””, and Clause 52, ““Duty to keep relevant matters under review””. I think that we get the balance right. Obviously, she would not disagree with consistency of approach but, equally, I am sure that she would recognise that the Bill contains provisions to allow for revisions and changes to be made from time to time on the basis of the best available evidence. This is a very important matter. I understand the wish of noble Lords to ensure that the Marine Management Organisation makes its decisions on the basis of the best evidence. The construct of the MMO as provided for in the Bill will allow for that. I also understand that it is important to ensure that the MMO has the right expertise and scientific advice that can be brought to bear. We will certainly ensure that that happens.