Marine and Coastal Access Bill [HL]

These amendments represent a heavy-duty grouping but we are keen to ensure we concentrate the debate around the main issues. While I seek to move Amendment A125, I will speak to the others, or should I say address the issue they have in common. At first sight, the amendments might appear to delete thought from the process. Deleting "it thinks that" or "the appropriate authority thinks", or "the MMO thinks" might suggest we are seeking to induce an absence of thought into the Bill. This is not the idea, however. On the contrary, my amendments in this group seek to explore in a little more depth the management of the designation process and the basis on which the assessments in this part will be made. There is a certain amount of judgment to be exercised in the designation and implementation of marine conservation zones. As I am sure the next group of amendments will show, there is a great deal of disagreement about the relative importance of the many factors that could or should be taken into account. It is clear from conversations with Defra and the relevant stakeholders that Natural England and the Joint Nature Conservation Committee have already been tasked with and funded for the organisation of consultation panels. That appointment follows the existing practice of designating and managing existing conservation sites such as SSSIs. Some questions, however, have been raised about whether this is the best way forward. At this Dispatch Box, we have referred to many occasions on which the MMO’s areas of responsibilities have been restricted or removed. My noble friend Lord Cathcart has been keeping a list, which I believe is nearly into double figures. I am afraid that we are rather inclined to view the provisions as yet another addition to that list. We fully appreciate the point that the statutory conservation bodies represent a wealth of experience and expertise in conservation matters and that it would be counterproductive to separate them into marine and terrestrial-based organisations. However, our understanding of the MMO from discussions on the earlier part of the Bill was that it should be an umbrella organisation with the links and responsibility to coordinate between and rely on more specialised bodies in a relevant area when necessary. Why, therefore, is the MMO being completely isolated from any involvement in the designation of zones that will impact enormously on its responsibilities to draw up and implement marine plans, and on its ability to issue licences? Does the Minister feel that the MMO could play a very useful role not only in maintaining an impartial role in negotiating between conflicting interests and ensuring that all relevant voices are heard but also in contributing its knowledge and experience to the designation process directly? Naturally, we have received some very strong representations from the conservation bodies that they would prefer to keep control of the process of designation. They have some concerns that, if control of the process is given to a body that does not have conservation as its sole focus, the end result will be too watered down to be effective. However, the MMO has a responsibility to contribute to sustainable development and will, we hope, have an even stronger duty in this area by the time that the Bill leaves your Lordships’ House. It is also subject to scrutiny by Parliament and directions and guidance by Defra. What grounds are there for thinking that it would be an ineffective champion of an effective and manageable conservation network? There is, of course, a further safeguard in this Bill that the zones are to be designated by the Secretary of State, based on recommendations. The current thinking is that any unfeasibility in the conservation objectives can be caught and amended here. If a planned development clashes with a proposed zone, it appears to be the expectation that the Secretary of State will spot the conflict and will ensure that the necessary adjustments, either to the relevant plan or the zone, are made. This seems to be a very inefficient way of proceeding. Why not build in at a much earlier stage an appreciation of where difficulties are likely to develop? Alternative sites for either the development or the zone could then be considered and a more optimal solution found. I prefer a system that resolves conflicts of interest early and locally. Much greater reassurance would also then be given to stakeholders that their views would be heard at an earlier stage, eliminating the current incentive to postpone the resolution of conflict until a later stage to keep to targets, with all the usual reviews, readjustments and appeals that such a policy tends to produce. I beg to move.