Marine and Coastal Access Bill [HL]

I am conscious of the time, but we have reached Part 3 and it would be appropriate for me to make a few remarks about this very important part of the Bill before responding directly to the amendments. The marine planning system we are developing will adopt a straightforward two-stage approach; that is, a UK marine policy statement, and a series of marine plans, which will apply the policies in the policy statement to particular geographical areas. Decisions on licensing and consents in the marine area will have to be taken in accordance with the marine policy statement and the plans. The intent of the marine policy statement is to be agreed by the UK Government and the devolved Administrations, which are called ““policy authorities””. The Bill does not change the devolution settlement, but provides, as we know, for a form of executive devolution, which will allow the devolved Administrations to produce comprehensive plans with the agreement of the Secretary of State. We know that ensuring a consistency of approach throughout the UK SEAs is very important. The marine policy statement will cover the whole of the UK marine area. If all four Administrations agree the MPS, as we intend, there is no question that we will deliver consistency throughout the United Kingdom. Significant incentives are built into the system to encourage co-operation. However, it is a fact of devolution that we cannot require other Administrations to agree with us. We have had to provide for devolved Administrations to opt out of the MPS, and for the Secretary of State to work alone if necessary. Clearly, the impact of what countries, including ourselves, can achieve alone is significantly diminished. None the less, the discussions that took place between the four Administrations last year give me a great deal of confidence that we can achieve a marine policy statement to which all four Administrations have signed up. The statement will bring together all our marine policies, covering social, economic and environmental considerations; set out a clear and consistent framework for coastal and marine regulators and users; and help everyone to work together towards common, agreed objectives. The marine policy statement will be prepared—this is an important point—in the light of the amendments. It will be prepared within our EU and international obligations, and will address how we give effect to them. It may also contain information about the location and extent of resources, activities and pressures that will assist the development of marine areas. We want to make sure that the MPS is a useful document for decision-makers, providing a unified context and framework for their decisions. Following the recommendation made by the Joint Committee scrutinising the draft Bill, we have introduced a new requirement for a draft marine policy statement to be laid before both Houses of Parliament, and the devolved legislatures of all the Administrations that have participated in preparing it. If Parliament or any legislature makes recommendations about the draft MPS, each Administration will have a duty to respond. All public authorities will be obliged to have regard to the MPS and marine plans, and, in most cases, to take licensing or enforcement decisions in accordance with the policies set out in the MPS. As a first step to developing an integrated policy statement, we consulted all interested parties last summer on a set of high-level objectives. We are considering carefully what they told us, and will take forward further close working with those parties as we develop the MPS. I apologise for taking the time of the Committee, but it is important, at the start of such a crucial part of the Bill, to set out the general principles that govern it. The amendments are focused on the core purpose of marine policy statements and marine planning. They seek to ensure that the MPS and marine plans are subject to an appraisal of sustainability, including compliance with the European directive on the strategic environmental assessment of plans and programmes, known as the SEA directive. I will deal first with Amendments 85ZA, 85ZB, 89ZA and 89ZB, relating to Clauses 42 and 49. These clauses set out the definitions of a marine policy statement and a marine plan. The amendments add to those definitions wording that will ensure that the SEA directive applies to them. Whether a legal obligation, such as a directive and the regulations transposing it, apply to an MPS or marine plan should be determined by the directive and the regulations. If it applies, then we and the other UK Administrations will comply: we have to. It is not necessary to restate an existing legal obligation in legislation. That might backfire if the European directive were revoked or replaced. The references might become redundant and would do nothing to ensure compliance with any directive or regulations that came along later. Many other directives may apply to the marine policy statement and plans, including the birds directive and the habitats directive—not that I wish to inspire further amendments on Report. They will also require assessments to be carried out when proposals might affect a designated site. We do not list them in the Bill because there is no need: we will comply with them if they apply. We do not think that a strategic environmental assessment is any different. Although there is no reference in the Bill to carrying out an appraisal of the sustainability of the marine planning statement, that does not mean that the policies in it will not be subject to appraisal and assessment. As set out in Clause 42(1)(a), the MPS will be a statement of our policies on contributing to the achievement of sustainable development in the UK marine area. The policies that it contains will add up to a positive contribution to sustainable development, otherwise it will not meet the criteria required of it in the Bill and will not then be an MPS. Appraisal of sustainability is inherent in the process of preparing an MPS, rather than a separate consideration or process, which is why there is no separate requirement in the Bill. This goes to the heart of the matter. We shall debate the statement of public participation later. It will set out the process to be followed in developing the marine policy statement, including an impact assessment that will set out the options that have been considered, and any assessment or appraisal of sustainability. The MPS will also be subject to extensive public consultation and scrutiny, not only by this House and the other place, but also by the devolved legislatures. We will be happy to receive representations as part of the consultation. If there are concerns that we are not meeting our European obligations on assessing the sustainability and environmental effects of the MPS, there will be ample opportunity for parliamentarians to call the UK Government and the devolved Administrations to account. We began this process last summer by consulting on a set of high-level marine objectives that will form the basis of the MPS. These objectives start from the principle of enabling an integrated approach to delivering economic, social and environmental benefits, underpinned by sound science and good governance. I stated in our response to the Joint Committee that scrutinised the draft Bill that we do not think that the requirements of the European directive on the strategic environmental assessment of plans and programmes will apply to the marine policy statement. I understand the desire to ensure that we assess the sustainability of our policies. However, as I have said, Clause 42(1)(a) makes clear that the statement has to contribute to the achievement of sustainable development in the UK. If the Government are wrong and the requirements of the European directive on the strategic environmental assessment do apply to marine policy statements, they will be applied; nothing in this legislation would prevent that. We accept that whether the SEA directive applies to the MPS will depend to some extent on the eventual content of the MPS. I reassure noble Lords that, if it appears that the requirements of the directive apply, then we will comply. As far as concerns Amendments 85J and 85JA, we must ensure that the policies in the MPS are sustainable, otherwise the MPS will not be an MPS. We have also committed to publishing a partial impact assessment alongside the draft consultation which sets out the options considered for inclusion in the draft MPS. What is more, and as I have said already, we need to ensure that the policies in the MPS are sustainable. I turn to Amendments 89FA, 89G, 89GA, 89H and 89HA. Let me reiterate that we are clear that every marine plan will require a strategic environmental assessment under the terms of the directive and that this will be carried out as part of the sustainability appraisal of each plan. In our response we have made a commitment to conducting pre-legislative scrutiny in order to produce guidance for the MMO on how to carry out these appraisals. This guidance will make it clear that the process of sustainability appraisal is intended to be carried out alongside the development of options for inclusion in the draft plan, and that it should inform the choices made about which of the possible alternative proposals to take forward. Furthermore, we are happy to publish the guidance for public consultation before it is finished. As I said in response to earlier amendments, we do not think details such as those proposed in these amendments are appropriate for primary legislation. We will comply with our European obligations and appraise the sustainability of options for inclusion in the marine plan. The appraisal will inform the choice of options that are selected for inclusion in the draft plan and we will publish guidance for the MMO on how we expect this to be carried out.