Marine and Coastal Access Bill [HL]

The amendments are essentially probing and follow on, in the first respect, from the recent debate about the power of the Secretary of State to approve plans—or not—and that being very much part of the devolved settlement that has been agreed. Amendment 89JA relates to plans being adopted only with the agreement of the Secretary of State, but seeks to put on a par with the case of a marine plan for the Welsh inshore region—Secretary of State approval does not apply if the plan does not relate to retained functions— "““a marine plan for the Scottish offshore region to the extent that it does not relate to retained functions””." Fisheries were executively devolved to Scottish Ministers subsequent to the Scotland Act. I would welcome the Minister’s clarification that there were no other non-devolved functions in respect of the Scottish offshore region; and that, if a plan under this part of the Act relates to fisheries, the approval of the Secretary of State would still be required as regards any plan for the Scottish offshore region. If that is the case, it is almost re-reserving to a limited extent. The Minister may argue that it is part of the settlement, but it is important that that be clarified. Amendment 94A is to Clause 57—we are going slightly ahead of ourselves, but the amendment is in this group—where a marine plan for an area in a devolved marine planning region has to have a statement under Clause 49(7) that it contains provisions relating to a retained function. For the purposes of the part of the Act, subsection (7) states that, "““as respects the Scottish inshore region or the Scottish offshore region, functions relating to reserved matters, within the meaning of the Scotland Act 1998””," are to be defined as ““retained functions””. Put simply, the amendment probes what functions relate to reserved matters and are exercised within the Scottish inshore region. I am sure that the Minister will be able to give us a list of those. If there are none the words will appear redundant but, if there are functions, who will be responsible for dealing with them in the plan for the Scottish inshore region? Will that matter, albeit it concerns ““retained functions””, be dealt with by Scottish Ministers subject to the approval of the Secretary of State? Again, I seek clarification from the Minister as to what is covered by ““retained functions”” in the Scottish inshore region. The final three amendments, which relate to each other, are about the documentation and possible challenges to it in the courts. As I read Clause 59, an application may be made to the Court of Session or the High Court in respect of a document for a marine plan for an area outwith the English inshore region or the Welsh inshore region. If it is a matter relating to the Scottish offshore region, it appears that it can be raised in the High Court. Vice versa, if it relates to the English offshore region, it could be raised and litigated on in the Court of Session. This amendment would give the Court of Session exclusive jurisdiction over matters arising out of a challenge to a relevant document pertaining to the Scottish offshore region; in other circumstances, it would be the High Court. Where you have the geographical division, it seems natural to have the appropriate division of court jurisdiction as well. Maybe I have misread the Bill, but it did not seem that way. If it has to be the case that a matter relating to the Scottish offshore region could be raised in the High Court or vice versa, it would be interesting to know the ministerial justification.