Marine and Coastal Access Bill [HL]

I hear what the noble Lord says. Regarding the notes from the Box which are of assistance in dealing with such questions, I have to disillusion the noble Lord. One in a hundred can hit the button right on the mark and I always congratulate my officials when they succeed. A lot of the time, the way in which the noble Lord then goes on to express his question is such that not even someone with the wisdom of Solomon could foresee what is meant to be sent to the Minister. Therefore, I am adrift. The noble Lord is saying that it does not matter what I identify in terms of the public authority involved, even if I give the noble Baroness the response I am able to give. What is significant will have to be worked through as we operate the zones. Scientific evidence on that which is doing, or potentially doing, such damage will condition the issue. The conservation zones will be different from each other in this respect, according to what the objectives are. It is not possible for us to specify what is significant. However, we are seeking to identify that if a public authority is not carrying out its duty, judicial review is the normal way of resolving the matter. I listened carefully to the noble Lord’s comments on the problems of judicial review. I recognise that the process is not entered into lightly because it is costly and complex. But we are talking about a public authority in action, in a very significant way, charged with not fulfilling the duty that has been laid upon it by the legislation. If it had to be identified which authority was negligent, I can see a case for suggesting that judicial review might not be appropriate. I understand why in many cases people argue against it. The number of authorities involved is very limited. The MMO does not devolve authority; it stands as the responsible authority. A charge against the MMO for having failed to do its duty would surely justify our suggestion of a judicial review. Under Clause 124, the statutory conservation bodies can require a public authority to explain its actions. The question of being able to get from a public authority an explanation of what has occurred and therefore the evidential base for any future challenge is contained there. Proposing, as the amendment does, that fines should be imposed on a public body with clear obligations is an odd concept of a sanction. It should be more significant than that, which is why judicial review is the only appropriate remedy.