Marine and Coastal Access Bill [HL]

In moving Amendment 89L, I shall also speak to Amendments 101BZAA, 106CB, 107A and 107D. I have a general comment to make before I deal with the detail of the amendments. In a Bill as comprehensive and complex as this, it seems strange that the opportunity to include clear measures to improve the protection, management and enjoyment of our marine heritage has not been taken. I recognise from what the Minister has said on previous occasions that it may be argued that references to the marine heritage and the historic environment are implicit and that it may be pointed out that Clause 112(2), for example, refers to ““historic or archaeological interest”” in its definition of the environment, but there is insufficient clarity. I would have felt much happier if the amendment that my noble friend Lord Taylor proposed to Clause 2 earlier in Committee had been given a warmer welcome, as it would have made it clear early in the Bill that heritage and marine archaeology are within the scope of the Bill. This group of amendments was therefore tabled to ensure that our marine heritage is not overlooked in the delivery of the duties of marine management, whether we are talking about marine planning or marine licensing, and in the designation of marine conservation zones. Amendment 89L would add ““historic”” and ““archaeological”” to the list of matters to be kept under review in Clause 52. As we already have a list, and as the Minister has said that such features will be taken into account in licensing, planning and so on, the amendment would ensure that equal weight was given to these features in considering policies on marine plan areas and would clearly distinguish them from more general social or cultural aspects. Amendments 101BZAA and 107D underline a similar point and would give recognition to the special status of statutory consultees in determining licence applications and in the consultation prior to the designation of a marine conservation zone. When I refer to statutory consultees, I mean mainly English Heritage. There is concern that English Heritage, as an adviser to the Secretary of State for Culture, Media and Sport on the designation of historic wrecks under the 1973 Act, is not to be specifically consulted on proposals to designate an MCZ, which could have implications for its operations in relation to a designated wreck under the Act. The role of statutory consultees is very important in ensuring that decision-making is informed by independent and knowledgeable advice and that complete attention is given to all aspects of any proposal, subject to the decision of the Secretary of State. I believe that the Bill should differentiate between those bodies with a specific role and expertise and other generally interested persons to provide clarity and accountability in the decision-making process. As I have said, those comments apply equally to Amendments 101BZAA and 107D. Amendment 106CB, which would insert the words ““historic and cultural heritage”” in Clause 114, would enable the designation of a marine conservation zone on historic and cultural heritage grounds. It would help to ensure the integrated management of all features subject to conservation. Provisions for including the historic environment as supporting features of marine protected areas were included in the marine Bill Green Paper, which preceded this Bill. However, as it emerged, the Bill focuses on nature conservation as grounds for designating marine protected areas, as they were referred to in the Green Paper—they have now been renamed ““marine conservation zones””—without any reference to the historic environment. The Bill should ensure that the historic environment is a factor in qualifying the interest of a location to be subject to marine protected area status. Such status would broaden the approach to management by ensuring that other activities that have the potential to impact marine archaeological resources are first assessed against the natural and historic conservation interests of the marine protected area. Amendment 107A would insert the words ““historic or archaeological””. I believe that it is important that the grounds for designation of MCZs take full account of all other features that are subject to statutory protection—again, the 1973 wrecks Act is an example—or that could be subject to protection, including any future legislation for historic and archaeological assets. If the MCZs do not do so, there could be conflict between their conservation objectives and the licensing of activities within them permitted by other legislation. In other words, there could be a recipe for confusion. As well as to protect our historic environment, we seek clarity and joined-up thinking. At this stage, these are probing amendments. I hope that the Minister will give us reassurance and a warmer welcome to this aspect than he has previously. I also hope that he will accept that there is considerable interest among a wide range of individuals and relevant organisations in getting this right. We want to be helpful and, as I have said, to ensure co-ordinated management between natural and historic features of the Bill to avoid potential conflict. I beg to move.