Marine and Coastal Access Bill [HL]

First, I thank the noble Lord, Lord Livsey, for introducing this group of amendments, and the noble Duke, the Duke of Montrose, for his comments, which were very helpful. I say to the noble Lord, Lord Greaves, that it may be helpful if, in addition to sending out a paper this week, I arrange a meeting for all Peers, perhaps early next week, so that we can have a discussion outwith the Chamber and we can give as much information as possible. I recognise that this is a very complex area, which has moved on, as the noble Lord, Lord Greaves, suggested, since the draft Bill was published. Perhaps I might come back to say a little more about the changes that have occurred, but first I shall deal with the amendments. The MMO is being set up to deliver functions on behalf of the UK Government but, in the main, it will deliver marine functions in the waters around England, because many of the functions across the Bill are delivered in their waters by the devolved Administrations. The MMO will deliver marine planning, marine licensing, fisheries management and nature conservation and enforcement throughout the waters off England. In addition, it will enforce nature conservation provisions in the waters offshore of Wales out to the median line. But some of the functions may be matters relating to, perhaps, implementation of EU or international obligations, which would require the MMO to take a co-ordinating role on behalf of the UK Government. In such cases, we would expect the MMO to undertake consultation with whoever might be affected throughout the UK area and include such matters as was necessary in its report. Since the MMO will be acting in relation to England or the UK, it is entirely appropriate in all cases for it to report to this House and the other place. The MMO has no functions within the devolved competence of Scottish or Welsh Ministers, and it is not appropriate for the activities that it carries out on behalf of the UK Government to be subject to scrutiny by the Scottish Parliament or the National Assembly for Wales. The MMO may, by arrangement, carry out functions on behalf of the Northern Ireland Executive or the Welsh Assembly Government at their request and with our consent, but Scottish Ministers will have their own delivery body in Marine Scotland. I do not imagine that noble Lords would expect that body to present its annual report to this House or the other place. The Welsh Assembly Government will also have their arrangements for accountability for delivery, which I would not expect to be reported to this House. However, I recognise that this will take place within the overall context, and I fully accept the comments of all noble Lords on the need for close co-operation between the UK Government and the devolved Administrations to make sure that this works. There was a meeting, to which I referred, of Ministers from the UK Government and the devolved Administrations. This was reported on 23 November 2008. As a result, the UK Government and the devolved Administrations committed to working together constructively to ensure that there is a joined-up approach to the implementation of new marine legislation. All agreed on the importance of ensuring that the UK’s seas are managed in a co-ordinated manner for the benefit of stakeholders throughout the UK’s seas. That also reflects the fact that the marine environment is a complex mix of devolved, non-devolved and retained matters. Work has been done since the draft Bill—