Marine and Coastal Access Bill [HL]

My note indicates that I should express gratitude to the noble Duke, the Duke of Montrose, for moving this amendment. I am not sure that I can express that with quite my normal enthusiasm. The reason is that the noble Duke has hung a significant discussion about the common fisheries policy on this amendment. I do not doubt for a moment that we will discuss the common fisheries policy in the context of this part of the Bill and, indeed, this clause, but I had not anticipated that it would occur on this particular amendment. I am therefore grateful that he preceded his remarks by saying that this was a probing amendment. I can indicate that he will probe quite successfully over a narrow area, but I rather hope that the debate on the common fisheries policy might be raised more appropriately a little later. If he does not accept that position, I will be more extensive on the common fisheries policy, but this amendment does not really have much to do with the common fisheries policy because we are not changing boundaries as far as it is concerned. Clauses 39, 40 and 41 establish an exclusive economic zone, define the UK marine area and allow for the establishment of the Welsh zone. They are the base on which the remainder of the Bill rests. On this base is the whole concept of what we are discussing in planning for the future. The establishment of an unambiguous, clearly defined set of boundaries provides a clear basis for various maritime activities. I do not for one moment deny the significance of fishing, but the noble Duke, the Duke of Montrose, will be well aware that a range of maritime activities concern us in this Bill and are conducted around the coast of the United Kingdom. We are explicitly setting out the seaward and landward limits of the UK marine area and establishing an exclusive economic zone which will ensure conformity with international best practice on law-of-the-sea matters. If, as the amendment indicates, subsection (2) is left out of Clause 39, the clause’s position would be, effectively, destroyed. Subsections (1) and (3) make no sense at all without subsection (2), which defines the rights to which the other two subsections apply. The definition in subsection (2) refers back to the United Nations Convention on the Law of the Sea and makes clear that the rights which the UK is claiming are only those for which Part 5 of the convention provides. The clause is needed to enable the UK to declare an exclusive economic zone, which is at the very heart of the Bill, in accordance with the UK’s obligations under these provisions, and the reference is therefore absolutely essential. I could follow the noble Duke down the issue of one of the particular economic activities and discuss fisheries policy; I recognise that that debate is important and I shall not shy away from it. However, in terms of clarity I seek to establish that I cannot accept, nor should the House accept, the proposal in the amendment, because that would render absolutely nugatory the fundamental concept of the Bill. I hope, therefore, that the noble Duke, the Duke of Montrose, will accept that the common fisheries policy will be fruitfully discussed within the framework of these clauses—there is no way in which it would not. I hope that he will understand that if I engage in that specific debate about an exceedingly important economic activity within the zone, I would be detracting from concentrating on his amendment and the need for me to persuade him to withdraw it.