Marine and Coastal Access Bill [HL]

We have tabled Amendment A150A to better define the status of the network. Clause 119(2) states that: ""The objective is that the MCZs designated"," have to "form a network". I think that most, if not all, noble Lords agree that a network of MCZs will be vital in promoting sustainable development and in the protection and improvement of marine flora, fauna and habitats. In establishing MCZs, it is important that the purpose and objective of each zone be made clear so that the management and level of protection will vary from zone to zone, and even between zones according to their purpose and objectives. So there will be highly protected zones and at the same time other zones designated with different aims and protection. If this is an accurate reflection of the Government’s intention, where is this reflected in the wording of the Bill? I want to make it absolutely clear that this amendment in no way diminishes the importance of the previous debates that we had regarding marine conservation zones, namely the designation of conservation zones in order to contribute to an ecologically coherent network of sites which will include highly protected sites. This need for an ecologically coherent network, including highly protected sites, was highlighted by the Joint Committee and, when debated earlier in this Committee, was supported by one and all. Indeed, this consensus was even supported by the Minister. He emphasised a number of points, using the word "categorical". First, after taking legal advice, he said: ""Clauses 113 and 119 together clearly place a duty on Ministers to exercise the power in Clause 113 to designate sites".—[Official Report, 3/3/09; col. 683.]" Secondly, he confirmed that the establishment of an ecologically coherent network of marine protected areas is vital. Thirdly, he confirmed that the shape of the network will clearly be driven by science. Fourthly, he confirmed: ""The ecosystem-based approach also includes the concept of connectivity between zones".—[Official Report, 3/3/09; col. 710.]" Fifthly, on highly protected marine reserves, the Minister, in answering my noble friend Lord Eden, said: ""I am absolutely clear that that is possible … The Bill makes it clear that there is a requirement for the Secretary of State to report on the number of marine conservation zones designated where any licensable marine activity has been restricted and the taking of animals or fishing has been prohibited".—[Official Report, 3/3/09; col. 711.]" These five areas are all matters where there is complete consensus in the Committee, even, as I have tried to illustrate, with the Minister. So why are these matters not in the Bill? Clause 119, under discussion now, seems an obvious place to put that right. I am not asking the Minister to agree today to put these matters in the Bill—though that would be nice—but to agree to take them away and consider whether they can be included. That seems to be the will of this Committee, and where there is a will there is a way. One advantage is that it would save an enormous amount of time at Report. I apologise to the Committee for going over old ground but I find it difficult to debate Clause 119 without doing so. The five points I have mentioned seem to fit nicely within this clause. As I said, Amendment A150A raises a different point. The Minister talks about the need for flexibility, but as Clause 119(2) is written it gives a strong impression that for an MCZ to be designated it must be part of a network. I am sure that this is not the intention of the Government. Because of time restrictions, the noble Baroness, Lady Young, talked to her Amendment A151 earlier; it inserts Ransar sites and sites of special scientific interest. I remind the Committee that Ransar sites are protected wetlands. The Minister responded by saying: ""There has been an oversight here. I shall reflect further on that proposal between Committee and Report".—[Official Report, 3/3/09; col. 684.]" Our amendment develops the amendment tabled by the noble Baroness, Lady Young, and highlights that not all MCZs need to be part of a network. The Minister has already said: ""Marine conservation zones will therefore be designated for the purpose of conserving marine flora and fauna, marine habitats or types of marine habitat, and features of geological or geomorphological interest".—[Official Report, 3/3/09; col. 678.]" I would add heritage sites. As should be obvious, there is no need for a network to be in place in order to protect these features. Not all MCZs need to be part of a network, although the vast majority will be. I ask the Minister, when he looks at Amendment 151 tabled by the noble Baroness, Lady Young, to consider this amendment at the same time. I beg to move.