Marine and Coastal Access Bill [HL]

This is a good way to start today’s sitting. I fully recognise the point that the noble Lord, Lord Taylor, raised about the importance of being sure about the way in which the appropriate authority should seek to designate marine conservation zones and the way in which the MMO carries out public consultation in relation to by-laws. I fully accept that, in moving the amendment, the noble Lord raised a number of interesting points about the role of Ministers—the hierarchy of decision-making, if you like—and the role of the MMO in providing appropriate advice. Clause 114 makes it clear that the appropriate authority for designating marine conservation zones will be the Secretary of State, Welsh Ministers or Scottish Ministers for the Scottish offshore region, in the last respect acting with the consent of the Secretary of State because the function was executively devolved, as we have previously discussed. The idea is that the appropriate authority—in other words, the relevant Ministers—will want to act on advice and recommendations from the statutory nature conservation authorities and other marine bodies with expertise, such as the Marine Management Organisation. I say to the noble Lord, Lord Taylor, that I regard the role of the MMO in this regard to be important and would not, I hope, be added to the list of the noble Earl, Lord Cathcart. We are only too well aware of the importance of the MMO. The noble Lord, Lord Taylor, said that some take the view that the designation of sites should be placed on statutory nature conservation bodies. I make it clear that the Government do not have that intention. We believe that the duty to create a network of sites must lie with the Secretary of State. The various international conventions and European directives will place requirements on the UK to provide a network. Surely it is Ministers who ultimately must make the decisions and be held accountable for them.