Marine and Coastal Access Bill [HL]

I am grateful to noble Lords who have spoken to this group of amendments. I agree that their anxieties need to be allayed because there is not the slightest doubt that public engagement is fundamentally important to the way in which these sites will be designated and protected. It is the best way to ensure that we come to the right decision on the best available evidence and secure wide understanding and support for the protection measures which result. I am of course at one with the sentiment expressed by the noble Duke, the Duke of Montrose, and the noble Lord, Lord Greenway, that consultation should be the norm and that, for the policy to be effective, consultation needs to be full and thorough. The noble Duke, the Duke of Montrose, asked questions which focused around several issues, the main one being the provision for urgency in the Bill. I agree with the noble Duke that that should be a rarely used provision, but we allow designation to take place on an interim basis, solely for protection, without prior public consultation. We would want to create the space for that consultation to take place. I am entirely at one with the anxiety that the noble Duke has expressed. He also asked in what conceivable circumstances urgency would be the issue. We feel that it is necessary to make this provision. Certainly, the powers are likely to be used very infrequently, especially as interim by-laws can be made to protect an area before it is formally designated. But by-laws will not be able to protect nature conservation features from all potential threats. The ability urgently to designate an MCZ means that the duties on public authorities are given effect and the general offence of intentionally damaging a protected feature of a site will apply. It is prudent that the Government should have provision for urgent action. I agree entirely that when such action has been taken the process should be in place before anything permanent is established for the proper consultation. But there can be occasions when a threat is presented, and we want the power to carry out urgent action. I want to reassure noble Lords that we do not expect this procedure to be used in any other than wholly exceptional circumstances. I follow entirely the thinking behind the amendments, that consultation ought to be the norm and that we will only bring about the effective operation of these zones with full public consultation leading to acceptance and an understanding of them. However, I want to defend the concept of the urgency provision. Clause 113 as it stands will achieve the same outcome as Amendment 148, spoken to by the noble Lord, Lord Greenway. The amendment would ensure that any changes to the designation orders follow the transparent consultation and designation procedures in the original order. The clause will achieve that because it applies to amending orders as much as it does to the original designation orders. Amendment 196 seeks to ensure that the public have the right to make representations before an area is designated. The existing duty in Clause 116 to carry out public consultation carries with it the implied right of members of the public to make representations, as well as an implied duty on the appropriate authority to have regard to them. That is certainly our intention and our reading of the clause. I hope that that reassures the noble Lord. I understand the motivation behind the amendments and I hope that I can interpret them as probing in nature. We have thought about these issues carefully, and I want to make one point about the urgent provision. If we had no capacity at all to act except through existing procedures and consultation, and there was anything like an urgent threat necessitating prompt action, we would be remiss. That is why I defend the Bill as it stands and I hope that the noble Duke will feel able to withdraw the amendment.