Marine and Coastal Access Bill [HL]

First, I welcome the noble Lord, Lord Greaves, who opened this debate. He is very welcome and he, in essence, posed the question that was reinforced by the noble Lords, Lord Taylor and Lord Eden, and by the noble Baroness, Lady Young, when he asked whether the Government were serious about this part of the Bill. My answer is: yes, we are. I agree with those of your Lordships who said that it goes to the core of what the Bill is about, and I certainly endorse that. While I much regret that the noble Baroness, Lady Young, is not joining further with us this evening, she took rather a negative view of this. The noble Lord, Lord Eden, quoted the Wildlife Trusts: it is a fact that, at a conference last week, the Wildlife Trusts said that the Marine Bill is a pretty damn good Bill. We need to place this in context, and the noble Lord, Lord Greaves, is absolutely right that this part is the core of what we want to do. We have a vast marine area around the UK. If it remains largely untamed by human endeavour, that should not blind us to the significant impact that human activities are having on the marine environment. Nor will it be untouched by the increasing demands that are likely to be placed upon it. We need to balance the pressures upon it, if future generations are to enjoy the same benefits that we have, until recently, all taken for granted. The Bill therefore provides a wide range of tools for doing that, some of which we have debated and some of which are yet to come. Measures such as marine planning and licensing, reformed inshore fisheries management and modernising enforcement are essential, but on their own are not enough. We also urgently need to conserve the habitats and species in our seas to ensure that we have resilient ecosystems, and continue to benefit in future from the services that they provide. We need to provide areas of sanctuary for animals and plants where they do not suffer the pressures caused by our use of the sea. That is what Part 5 seeks to do. There is strong consensus and support for the general principles embodied in Part 5, both in Parliament and beyond. Part 5 sets out a proportionate evidence-based mechanism enabling us to meet the Government’s marine nature conservation aims and objectives for the future. We are quite clear that the powers and duties in this part will help the UK to fulfil its EU and international commitments. Marine conservation zones are a new tool and type of marine protected area, which will help to protect the UK marine area. Marine protected areas are internationally recognised to improve diversity and ecosystem health, protecting or managing activities to prevent damage to habitats, species and ecological processes. Marine conservation zones will therefore be designated for the purpose of conserving marine flora and fauna, marine habitats or types of marine habitat, and features of geological or geomorphological interest. The UK is already required to establish and manage sites under European legislation, but those European sites, such as special protection areas for birds and special areas of conservation for other species and habitats, collectively known as Natura sites, can be established for only a limited range of marine habitats and species that are important on a European scale. We see the new marine conservation zone mechanism being used to protect a wider range of species and habitats that are important in UK waters. Together, marine conservation zones and other European sites will form part of an ecologically coherent network, which will ensure coherent and appropriate protection throughout the UK marine area. I endorse the comments made by noble Lords about the importance of the network itself. We have reached agreement with the devolved authorities on nature conservation under the Bill. The Secretary of State will designate marine conservation zones in the English inshore region and all offshore waters except those adjacent to Scotland. Scottish Ministers will designate in Scottish offshore regions, but those designations will be subject to the Secretary of State’s approval, because it is an executive devolution. Welsh Ministers will designate in the Welsh inshore region. The nature conservation provisions do not apply to the Scottish and Northern Ireland inshore regions, which will be regulated under Scottish and Northern Ireland legislation. Together, marine conservation zones designated by the appropriate authorities in the devolved Administrations will form part of an ecologically coherent network. Clearly we do not want marine protected areas to function in isolation, as connectivity between sites will ensure that we have the appropriate level of protection for our seas. I agree entirely with the noble Baroness, Lady Young, and the noble Lord, Lord Eden, on those important points. I say to the noble Lord that the establishment of an ecologically coherent network of marine protected areas is vital in realising the Government’s conservation aims and objectives. That is why Clause 119 places a duty on Ministers to designate marine conservation zones and to do so to contribute to the overall network of sites. What network of sites will that be? The shape of the network will clearly be driven by the science. We are starting a series of research projects with Natural England and the Joint Nature Conservation Committee on what UK ecological coherence should look like and we will issue further guidance setting out a more detailed definition in the next few months. The perfectly legitimate question to ask, as did the noble Lord, Lord Greaves, is what proportion of our seas will be protected by marine conservation zones. We will very much be guided by the work that is starting to be undertaken. I am well aware of the figure of 30 per cent, as was initially suggested in the 25th report from the Royal Commission on Environmental Pollution, which recommended that 30 per cent of UK seas out to 200 nautical miles should be managed as highly protected marine reserves, thus enabling the rebuilding of commercial fish stocks along with damaged marine ecosystems. This management approach, known as the ecosystem-based approach, seeks to protect the marine ecosystem as a whole. The area of the sea that should be protected has not been universally agreed. I hope that noble Lords will not press me further—