Marine and Coastal Access Bill [HL]

I agree with the noble Lord’s last point—that these issues will have to be considered very carefully. The issue is whether the amendment is necessary for that careful consideration to be carried out. Clause 121 already gives public authorities such as the United Kingdom Hydrographic Office a duty to further the conservation objectives of sites in carrying out their functions. When there is a need to mark sites on charts, they will therefore be under a duty to take whatever steps are appropriate, provided that it is compatible with their functions. So we respond to the amendment by saying that of course the concept behind it is important but we think that the Bill already provides adequately. What primarily appears on navigational charts is, of course, driven by safety criteria, as the noble Lord, Lord Greenway, would have emphasised if he had spoken at greater length. Chart compilers are, frequently, in possession of a large amount of information from which they choose those features they judge to be critical for safety. The art of producing a good chart is to avoid cluttering it with information which is not essential to the navigator’s task. I am sure the Committee recognises the significance of that point. We delight in the fact that Admiralty charts have a worldwide reputation, precisely because they are well judged with respect to what is necessary and what is not. Therefore, the Bill does not need to contain specific powers for the marking of sites, but they will be marked on Admiralty charts where it is necessary and appropriate. As an example, the existing marine nature reservation around Lundy, which the noble Baroness, Lady Miller, mentioned, is currently charted. A text note refers mariners to Admiralty sailing directions where they can find out more information on Lundy. The noble Baroness questioned whether there were other suppliers; there are indeed. GPS systems are produced by a number of commercial suppliers using data provided by the Hydrographic Office or unofficial providers. They should continue to have commercial discretion to display whatever information they think is relevant to their customers, because the customers will soon find out and the worthwhile quality of what has been provided will become general knowledge. The point is that people are more likely to be interested in knowing where restrictions apply which directly affect them than in knowing the location and boundary of the marine conservation zones. They are going to be interested in those matters which affect the pursuit on the sea which they are following. Some say sites may be designated which will require no restriction on mariners at all. It is therefore difficult to see that mariners would be particularly interested in knowing where those sites were, if there is nothing within the site which affects the navigation they are involved in. It is also important to remember that by-laws might apply to only part of any marine conservation zone, or might extend beyond the boundaries of the zone where it is necessary to protect features within the site. This subject is not easy. The noble Lord, Lord Greenway, indicated that there are difficulties with regard to these concepts, and I am reflecting that point. With regard to the physical marking of sites, I am informed that the laying and maintenance of buoys in the open sea is very far from straightforward. Therefore, Natural England has hardly, if ever, used its existing powers in relation to marine nature reserves and European marine sites. If an NCZ needs to be marked, we would expect the MMO to take the action—with the agreement of Trinity House, which has overall responsibility in these terms—but we would not need to specify a particular power or duty in the Bill to achieve this. I am not disagreeing with the noble Baroness’s intent in exploring this point in relation to her amendment. She sought the reassurance that I hope that I have given from the Dispatch Box—that this has been considered very carefully. There are a whole range of quite difficult issues with regard to the designation, but we have the powers and the structure which will guarantee that, where it is necessary for the sites to be charted and even, in some circumstances, where features need to be marked, the powers exist. I hope, therefore, that the noble Baroness will feel confident enough to be able to withdraw her amendment.