Marine and Coastal Access Bill [HL]

I am grateful to noble Lords who have spoken in this short debate. I have been handed a most useful summary of the various powers which are proposed in this legislation and which exist under other legislation. It is a graphic and valuable illustration, which I shall make available to noble Lords as soon as possible. Had I had the sense to show it to Members of the Committee earlier, I might not have been involved in such intricacies on these amendments. It will clarify the issues greatly. I cannot possibly read it out as it would take an inordinate length of time and I am not sure I could make complete sense of it as it is in columns. However, I shall ensure that it is circulated to all noble Lords who are interested in the Bill. It will be invaluable in understanding where we are now and will also help to clarify the situation for a future discussion on these important and complex issues. These amendments are interesting. We learnt from our previous discussions that this is a complex area of the Bill and a complex area generally. That is reflected in the drafting of this part of the Bill. It may be helpful if I set out how the devolution agreement works for marine planning in the Scottish inshore and offshore regions. There are two issues to be considered: first, the effect of the MPS on marine plans and, secondly, its effect on decisions. If Scottish Ministers adopt the marine policy statement, with the agreement of the Secretary of State—an issue which we discussed earlier—they will be able to prepare comprehensive marine plans for the Scottish offshore region. Those plans must be in conformity with the marine policy statement, unless relevant considerations apply, and will be able to address matters which are devolved to Scotland, such as fisheries, renewable energy generation and some nature conservation functions, as well as matters which are reserved by the UK Parliament. This is obviously our preferred option, towards which both Administrations are committed to working. That is how the authorities should work together in the future. However, if, for any reason, Scottish Ministers do not adopt the marine policy statement, or if they decide at some stage to withdraw from it, their decisions and those of public authorities in Scotland which relate to devolved functions will not be bound by it. If they do not adopt the marine policy statement or withdraw from it, Scottish Ministers will be able to prepare marine plans only in respect of matters which are devolved to Scotland. I am sure that the Committee recognises the logic of that. Given the complex mix of devolved and reserved functions in the Scottish offshore region, the joint ministerial committee, to which I have made reference earlier, agrees that all plans for the Scottish offshore region should be subject to agreement by the Secretary of State whether or not they expressly make provision for functions which are not devolved. I reiterate that even if the Scottish Ministers do not adopt the marine policy statement, it will still apply to both the inshore and offshore regions in respect of all decisions in relation to functions which are not devolved. In other words, in the Bill the retained functions are defined in Clause 57. Separately, Scottish Ministers are preparing a Scottish Marine Bill which will include provision for marine planning in the Scottish inshore region. As their recent consultation document on the proposals for a Scottish Marine Bill says, "““To apply marine planning provisions to reserved matters in these waters, the agreement of the UK Government would be needed””." We are already in discussion with our Scottish colleagues to agree a mechanism that will enable the UK Government to signal our consent to these plans, so that both Administrations can enjoy the benefits of comprehensive marine planning for the Scottish inshore region. As I said earlier, the marine policy statement will apply to reserved matters throughout the UK marine area, including the Scottish inshore region, and we would expect any plan prepared under a Scottish Marine Bill that seeks to address reserved functions to conform to that policy statement.