Marine and Coastal Access Bill [HL]

I do not want to spoil the party. This amendment refers directly to the Scottish situation, but also to retained functions. The plan is to put the Scottish offshore region on a par with the Welsh inshore region. The Government of Wales Act 2006 is unsatisfactory in many respects where it concerns legislative competence. I seek further clarification. The Minister has already dealt with some points concerning the powers of the Secretary of State. I agree with what my noble friend is attempting to do with the amendment as it relates to Scotland. With regard to the publication of a marine plan, it does not relate to retained functions as far as Wales is concerned. It is obvious that the Welsh offshore plan does not fall within the devolved functions of the Welsh Assembly. Paragraph 15(2) of Schedule 6, which has been discussed previously, relates to the powers of the Secretary of State. Sub-paragraph (3) states: "““Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh inshore region if the plan does not relate to retained functions””." That solidifies the situation. However, the Welsh Assembly Government are bound to be concerned about the situation in the Welsh offshore region. Should they produce an offshore plan, which they may not have the competence to do—I would like the Minister to clarify that—could the Secretary of State veto it? There are many environmental problems in the Irish Sea. One principle of the Government of Wales Act 1998 was sustainable biodiversity. This is a major statement in the Act. However, what would happen if a large infrastructure project was imminent, or serious inroads were threatened into the viability and sustainability of offshore fisheries? Although the Welsh Assembly has considerable powers in that area, what would happen if the environmental sustainability of the Welsh offshore region were put at risk? If the Welsh Assembly Government attempted to put this right by means of a marine plan for the offshore region, could that be done?