Marine and Coastal Access Bill [HL]

Clause 75: Special procedure for applications relating to harbour works Debate on whether Clause 75 should stand part of the Bill. This debate follows on from our earlier debates in Committee today. I speak in a spirit of optimism that the Minister is now very much in tune with the nature of our argument about the role of the MMO. We oppose Clauses 75 and 76, respectively affecting harbour works and electricity works, standing part of the Bill in order to generate a debate on the workings of the special provisions for which they cater. It is inevitable when dealing with an area as complex as marine licensing that there will be exemptions and special cases which will have to be taken into account. In relation to harbour works and electricity works, there are obvious problems because licences will be required not only under the Marine and Coastal Access Bill but also under the Harbours Act or the Electricity Act. We fully agree with the Government that this is a difficult deviation from their desire that the MMO should be a one-stop shop which would enable consents to be put through a simplified process and the Minister has already said that the Government are seeking to avoid double regulation. The one-stop shop is a sensible idea and we, too, would rather that the MMO was able to process all the competing demands and then come to an overall decision having taken all factors into account. In addition, it seems wrong that an applicant should have to undertake a dual application process for one project. Nevertheless, we have decided to table stand part objections to Clauses 75 and 76 because, while we agree with the Government’s sentiment that the MMO should be a one-stop shop for marine licences, we disagree with the method they have introduced in order to achieve it. We on these Benches believe that Clauses 75 and 76 as they stand threaten to undermine some of the benefits of the Marine and Coastal Access Bill. As the Bill stands, the Secretary of State has been given an order-making power to allow the procedures from the Harbours Act or the Electricity Act to be used instead in these specific situations. It could be argued that this is one solution to the problem. Nevertheless, does the Minister admit that this leads to an excess of discretionary flexibility in the Bill? Not only could this mean confusion for potential applicants but it could also be open to abuse from interested third parties. We would like to see this flexibility withdrawn. As Wildlife and Countryside Link has suggested, these provisions go a long way to making the process more, rather than less, complicated. Where once they looked to be favouring a simplified one-stop shop, now it looks as if the Secretary of State could be allowed to modify even the procedures of the Harbour Act or the Electricity Act. Does the Minister agree that this is not in line with the desire to simplify rather than complicate matters? Wildlife and Countryside Link has suggested that it would be more appropriate for the provisions of the Marine and Coastal Access Bill—or Act as we hope it will become—to take precedence, excepting only if the provisions of the Harbour Act or the Electricity Act are stricter. Does the Minister agree that this would achieve the Government’s goal of a simplified regime with fewer complications? Can he tell us whether the Government have considered this approach and, if so, why they have rejected it? I look forward to hearing his response.