Marine and Coastal Access Bill [HL]

This has been an interesting and informative debate. I say in response to the noble Baroness, Lady Byford, who found Clause 2 ““woolly””, that I know that Members of the Committee feel that Clause 2 in particular does not quite capture the critical role of the Marine Management Organisation. Although they are rather critical of the drafting of this part of the Bill, I should say that the reason why it is drafted in this way is by no means a lack of ambition regarding the MMO’s importance and role. As the Committee will know, drafting legislation is a complex art in itself and the complex nature of the various functions that we need this body to perform makes it difficult to give it a simple, punchy purpose. I understand what the noble Baroness is saying about wishing to give a clear message, but we have to reflect that the MMO is not a single-sector organisation or one that should deliver one pillar of sustainable development above another. We are not starting from scratch but welding together a range of new and existing functions, some in existing legislation and some used by the devolved Administrations to deliver in their areas of responsibility. It is not even the case that the geographical ambit is the same for all the activities that the MMO will assume responsibility for. That is a general introduction to why Clause 2 appears as it is, but I reiterate that that does not mean that the Marine Management Organisation will not play a critical role. I turn to the amendments that would replace ““making a contribution to”” with ““further”” and ““promote””. Those words were carefully chosen when the Bill was drafted and they run through our proposals. As the noble Lords, Lord Greaves and Lord Greenway, suggested, this wording was chosen in part because the MMO, even working within a UK-wide marine policy statement, will not be able to achieve sustainable development of the marine area on its own. While the MMO will have an important role to play in contributing to the achievement of sustainable development, it will also be dependent on the actions of others, including other regulators, delivery bodies, devolved Administrations and the many users of the sea and its resources. The noble Lord, Lord Greenway, suggested a way out for me in being much more precise about what guidance the Secretary of State will give, because Clause 2 contains provisions for the Secretary of State to give guidance to the MMO on its responsibilities in relation to sustainable development. However, he also anticipated that I am not really in a position to go very much further forward, partly for the good reason that the guidance will be informed by debate in your Lordships’ House and the other place. I can assure noble Lords that the guidance will be robust and make abundantly clear to the Marine Management Organisation its responsibilities. On the question of ““making a contribution to”” as opposed to ““further”” or ““promote””, I make it clear that achievement of sustainable development of the marine area will be a partnership effort by all with a stake in our seas. It will be guided by policies in the marine policy statement and ultimately the relevant marine plans, both of which have sustainable development at their core. These policies will then be implemented through the decisions that determine whether something happens in our seas. Plans will guide decisions taken not just by the MMO but by all the public authorities operating in the marine area to ensure that the net effect is that all decision-makers pull in the same direction towards sustainable development—a partnership effort by all with a stake in the marine environment.