Marine and Coastal Access Bill [HL]

I am grateful to the noble Baroness for that. I am delighted that I prayed her name in aid on that important matter. I turn to the circumstances in which a policy authority may feel it necessary to withdraw from the marine policy statement. This relates to the first group of amendments that we discussed today. I very much doubt that any policy authority would take that decision lightly. As I said, it will have severe consequences, not just for its effect on marine planning powers of the devolved Administration but for decision-makers who are using the marine policy statement to inform their work. Clearly, we hope that that would not happen, but, equally, we need to make provision for what would happen if an Administration felt it necessary to withdraw from the marine policy statement. If that happens, they must be free to take that decision, and then to be answerable to the legislature in the normal way. I rather doubt that we should legislate to require them to seek legislative approval before they take that decision. It is the same argument. Although it would be a grave decision, none the less, it is surely a decision that should fall to Ministers to take—albeit that they will undoubtedly be subject to extensive scrutiny within the appropriate legislature. I turn to Amendment 89M, which would make any marine plan subject to the appropriate legislative scrutiny process. Previous amendments in this group would give Parliament and devolved legislatures the final say on whether an MPS should be adopted. As I said, we do not believe that it is right to treat the MPS or marine plans as if they were akin to secondary legislation. Those arguments apply as much, if not more, to marine plans as they do to the marine policy statement. Marine plans raise additional issues that militate against parliamentary involvement in their adoption, amendment or withdrawal. One of the key benefits of marine plans is that they will stimulate ownership of the marine environment and enable people to shape what happens there. They will be the first opportunity for organisations and local coastal communities to have a real say in what happens at sea, how it affects them and what our priorities should be in future. In general, those with an interest in marine issues will have a much greater opportunity to shape what happens than they do now. A separate legislative scrutiny process, with the ability to approve or withdraw plans, might send out the wrong message that the plans are not really part of a process that allows people to get fully involved and that is subject to scrutiny, but in which, finally, Ministers must make the decision. I know that we will come to this in a few moments, but I also point out that there is provision in Schedule 6(13) for an independent investigator to be appointed to look into the proposed plan. If certain proposals in a draft plan appear controversial or unpopular, investigation by an independent person is probably the best way to get to the bottom of the issue and find an appropriate and satisfactory solution. This is an important matter because we need parliamentary scrutiny; it will aid the development of a rigorous process by which the marine policy statement and marine plans are agreed and adopted. We think that the Bill is right in emphasising the role of Parliament in scrutiny rather than as a legislator, but I accept that we have not got it right on the timing available to Parliament, and I will bring back a government amendment at Report to try to deal with that matter.