Marine and Coastal Access Bill [HL]

This Bill is highly complex, as the noble Lord, Lord Wallace of Tankerness, has just told us. That is not least because of the legislation involved but also because so many different constituent bodies have to be taken into account. They include the EU, the UK Government, the Scottish Parliament, the Welsh Assembly and the Northern Ireland parliament. They are all part of the Bill, which means that the terms of the legislation have to be predicated around the different legislative bodies. We certainly found it of great assistance that the Government kindly issued both a brief on devolution and a set of maps. While helping a good deal, those also served to illustrate just how difficult this issue is. Within the material, the Government themselves state that, "““the marine environment is a complex mix of devolved, non-devolved and retained matters””." It is interesting that in their brief they say: "““The UK Government will legislate for England, the waters around England””," for waters, "““around the UK, and for certain functions within the territorial waters of Scotland, Wales and Northern Ireland””." That is precisely the area where we need the Minister to make things absolutely plain. In this set of amendments, we are dealing not with the powers of legislation but with areas where the Secretary of State is likely to give directions or guidance. My impression, for Scotland, is that this can only be in the Scottish offshore area, as the zero to 12 nautical miles limit has already been devolved, as I understand. It is practically a part of Scotland. The Marine Management Organisation presumably is not intended to have any powers whatever in that area. I support the amendments tabled by the noble Lord, Lord Wallace, because it is important that we clarify this issue. They sensibly point out that for the purposes of consultation and guidance, if there is any overlap, the Secretary of State cannot simply confer with the MMO but must also consult the appropriate devolved powers. On the amendments in the name of the noble Lord, Lord Livsey, the issue must surely be considerably different for Wales, where there is not the same degree of devolution as there is in Scotland. I am not aware of the inshore area being devolved at all at the moment. It would surely be sensible that, before giving guidance to the MMO, the Secretary of State must consult Welsh Ministers in so far as the guidance relates to them. I make the same request as the noble Lord, Lord Wallace of Tankerness, that the Minister give us some detail about the type of guidance that may affect non-English areas. Does he have any real evidence that that will be needed and can he give his assurance that the devolved Administrations will be consulted? If that is necessary, why not include it in the Bill?