Marine and Coastal Access Bill [HL]

I agree with the noble Lord, Lord Tyler, that, because this Bill will, we hope, stand for a long time, sometimes one needs to be precise and at other times one needs flexibility. We tend to veer between the two in our debates, which is entirely understandable. Clause 95 provides the appropriate licensing authority, as defined by Clause 110, with the power to delegate any of its licensing functions by order to another person or body, referred to as the "delegate". There are a limited number of functions that the licensing authority cannot delegate which involve the production of orders or regulations. These remain the preserve of the ministerial authority and are listed in subsection (6). Additionally, a delegate cannot subsequently delegate the licensing and enforcement functions to another body. This is specifically prevented by subsection (6)(g). Subsection (2) provides for the order-making power to confer directly on a person the powers to impose fixed and variable monetary penalties that it may otherwise confer by virtue of an order under Clauses 90 or 92. That is drafted in such a way as to accommodate the different approaches that each of the UK Administrations is taking towards the exercise of their licensing and enforcement functions. The approach that we have taken to delegation provides the flexibility not only to accommodate the different approaches but also to change them in the future without the need for amending the Bill. I understand why the noble Lord tabled his helpful amendment, but we do not think that it is necessary. Parliament has already legislated to the same effect in the Interpretation Act 1978. Section 14 of that Act states that, unless the contrary intention appears, a power to make regulations is exercisable in the same manner and subject to the same conditions or limitations to revoke, amend or re-enact any instrument made under that power. In relation to "suspend", the Bill aims to increase certainty for developers and users of the marine environment. Suspending an order delegating functions to the delegate—the MMO in the case of England—would lead to a period of great uncertainty for applicants and a hiatus in processing licence applications. Applications currently in the pipeline or under consideration could not be progressed. It is unlikely that the licensing authority would have the operational capacity and expertise to pick up where the delegate left off. Clause 97 creates a power of direction that will enable the licensing authority to instruct any delegate in the performance of its functions, which the delegate must comply with by virtue of Clause 97(3). This is an appropriate mechanism for controlling the performance of the delegate when exercising its licensing functions. The noble Lord raised a substantive point and I know that he is seeking to give clarity to readers of the legislation. However, because this is covered by the Interpretation Act, we think that it is quite clear. The noble Baroness, Lady Byford, asked whether the Government have accepted the recommendations of the Delegated Powers Committee. She will know that the Government always consider carefully recommendations from the Delegated Powers Committee. Government Amendment A372 in Clause 306 addresses the recommendations of the Delegated Powers Committee where the order contains civil sanctions, which is the point that it raised.