Marine and Coastal Access Bill [HL]

I am grateful to the noble Lord, Lord Taylor, for raising two very important points. First, he was very clear that we need to be sure that we understand what is meant in this part of the Bill and I very much agree with him. I think noble Lords are sometimes disappointed by the Government’s response to amendments when we say that we understand why the amendments are proposed but that we worry that they will leave the Bill less clear. I also echo the noble Lord’s point about the need for decisions to be very firmly based on the science that becomes available. He then asked a number of interesting questions about what we meant by "limited number". On Amendment A135, we believe that by providing site-based protection for fauna or flora through designation of marine conservation zones, we shall protect their habitats when necessary. We think that the diversity of habitat is dealt with by subsection (5). On features of geological and geomorphological importance, our intention is to protect sites which are of interest. This mirrors the approach on land, where features of interest can be notified as sites of special scientific interest. The wording is deliberate. Whether something is of interest can be easily determined, but whether it is important is probably a matter of opinion and may well be hotly debated. More than that, we do not wish to lose features that are undoubtedly interesting but whose importance perhaps we do not yet appreciate. We think it best to retain the breadth of the current draft. In relation to limited numbers the noble Lord raised an interesting question. I take it that in general it relates to the UK. It is entirely a proper matter to be taken into account. It indicates that there has to be some flexibility, but I would resist being pressed into finding a definition of what we mean by limited. We need to leave it to common sense. Amendment A135 would include a reference to vulnerability to human activities. I hope that I can reassure noble Lords that the concept of a species being threatened already captures its vulnerability. In deciding on the objectives of a marine conservation zone and restrictions placed on it, the appropriate authority must take into account first and foremost sound scientific evidence. I know that the noble Lord, Lord Taylor, in proposing Amendment A137, is keen to ensure that by inserting the words "sound scientific criteria" alongside "economic or social consequences" they will be considerations that may be taken into account. Undoubtedly the Government want to take account of the best available scientific evidence in making designations. Scientific considerations will underpin the whole process of site selection and designation from start to finish. The regional projects that are currently being established to advise on site selection will draw on scientific information from all available sources, including data from industry and sea users. The regional groups will also receive advice and guidance from a national scientific panel of independent and recognised experts who will soon be appointed. I hope that I can reassure the noble Lord that our firm intention is to make available the best possible use of scientific data. I do not see how the provisions in Clause 114 could be carried out unless the best scientific evidence that had been made available was fully taken into account. We fully take account of the concerns raised by the noble Lord today.