Marine and Coastal Access Bill [HL]

My noble friend Lord Judd seemed to have an image of a network of marine motorways. He did not suggest that we should put our Titans there—he and I have debated Titan establishments in previous debates. That is not how I see it. Of course, it is about our future. All noble Lords who have taken part in the debate are concerned about the environment and understand the need for conservation. But we cannot ignore the fact that other activities that are also important to the future take place in the marine environment. The noble Baroness, Lady Young, suggested that having received proposals and then having to look at Part 7, Ministers would be swamped by business interests that would make it very difficult for them to make a decision on designation. I do not underestimate the challenge of the decision-making that will fall on Ministers. That is surely why we believe that it is they who must make those decisions. We would hardly be bringing this legislation before the House were Ministers not determined to ensure that we do the right thing by the marine environment and that we designate zones and networks. I agree with the noble Baroness, Lady Byford, that I do not see conservation bodies as being some sort of mild supplicants or underdogs in this process. I have seen the power of these organisations during the ever-lengthening debates on this Bill in your Lordships’ House. Ministers will make proper balanced decisions, and the way in which the Bill is set out allows them to do that. Clearly, we want to provide more protection for some areas of our sea. We want to build consensus as far as possible among those with an interest in the sea, and it is important to make that point. Although there will be tensions we should not think that all the users of the sea and those interested in conservation will always be at war with each other. Surely we want to do everything we can to ensure that there is consensus and that conservation needs are fully considered. We also need to take into account the impact on people’s lives and livelihoods of designating marine conservation zones. I am going back to the wording, which I am glad to say is consistent with the wording in the Explanatory Notes to which the noble Lord, Lord Eden, referred. Of course, there will be cases when the need for conservation will carry the greatest weight, but we should take decisions in the knowledge of what the impacts are likely to be. That is why in implementing the Bill, Ministers will expect an impact assessment to accompany each proposal for designation. There will be cases when there will be other options, when the conservation constraints are fewer, and it will be sensible to take account of socio-economic considerations in deciding where a site or group of sites should be designated. For example, we might be considering a large area of representative habitat of which a small proportion is geologically suitable for wind-farm development. In that situation it might be appropriate to exclude that area from the proposed marine conservation zone area, particularly if it makes no difference in conservation terms. This part of the Bill is constructed so that we start with the case for conservation. I must admit that I disagree with the noble Baroness, Lady Miller; maybe we shall come on to debate this in future. Clause 114 seems quite clear to me about the objective, because it clearly sets out how, ""The appropriate authority may make"" a designation order—because, ""it is desirable … for the purpose of conserving"—" and goes on to name those areas. I refer again to Clause 119, on the, ""Creation of network of conservation sites"," which sets out the condition. I realise that we have not set out a general objective, if the Committee likes, in drafting but it is quite clear from those two clauses what this is all about and what we seek to do.