Marine and Coastal Access Bill [HL]

I am grateful to all noble Lords who have spoken in this debate, especially the noble Lord, Lord Greenway, whose group of amendments relate to a very important dimension of the life of our nation. As a maritime trading nation, it is vital that we get the treatment of shipping and other vessels in the Bill correct. I am grateful to noble Lords for identifying areas of concern. Amendment 184 is intended to ensure that recreational vessels are treated in the same way as commercial vessels. I should stress that the Bill is designed to introduce the power to make by-laws so that activities that would not otherwise be regulated can be controlled if necessary. At the same time, we do not want to put an unreasonable burden on industry. Shipping is a vital part of the British economy and a very high percentage of British trade is carried by ship. The differential application of the prohibition contained in Clause 125(3)(b) is valid on economic and better regulation grounds. I hear what the noble Lord, Lord Tyler, says: let us be careful that we do not make prescriptions for some that complicate matters which do not obtain for others. It will be recognised that the Government operate under significant constraints in certain aspects as regards by-laws. The noble Earl, Lord Cathcart, raised that issue. For example, we considered whether by-laws should extend beyond 12 miles from the shore, but concluded that they should not because the features occurring there tend to be less sensitive or vulnerable to human impact because they occur in deeper water or over large areas, so fewer unregulated activities occur. Damaging activities that occur tend to be dispersed over much wider areas of sea, which is well beyond the 12-mile limit. The noble Lords, Lord Greenway and Lord Tyler, asked about commercial vessels. The simple fact of the matter is that, as the noble Lord, Lord Greenway, knows better than anyone else in this House, we have obligations under international law that restrict our power to regulate commercial vessels. Those vessels can be regulated under mechanisms set up under the United Nations Convention on the Law of the Sea, but they are not subject to the by-laws of an individual nation following its particular and narrower objectives. I emphasise that we have limited competence in the waters beyond 12 nautical miles which restrict the use of by-laws, about which the noble Baroness, Lady Miller, was asking me. We also have differences under international law between commercial vessels and what we identify as recreational vessels, so some parts of the complexities that noble Lords, with their usual perceptiveness, have identified as difficulties in this area, are genuine difficulties born of British power in relation to the law of the sea. That does not mean to say that we are without any means to regulate commercial shipping if we need to do so. Other mechanisms are available that can be used to constrain commercial shipping. Where there is a compelling case for the designation of an area of sea as an area that ships should not enter, it is open to the Government to make a submission to the International Maritime Organisation to that effect. An IMO-adopted area to be avoided can be designated in such a way as to apply to all types of ships, commercial and recreational. It will be recognised what a significant action it would be to seek the definition of an area in those terms. Consequently, it will be appreciated why the Bill provides for by-laws operating for a more limited area from the shore, the 12 nautical miles, which does not raise those more crucial matters of the law of the sea. The noble Baroness, Lady Miller, asked me about the enforcement of MCZs. We sent a note yesterday to all noble Lords who are involved in the Bill and have participated in our debates about how by-laws and other measures protect the MCZs. We hope that that document will explain how enforcement measures fit together. It is a complex issue. The document runs to several pages, so I hope that the Committee will not ask me to read it out. I am not sure that I could do so accurately, as it is also in tabular form and with a whole range of abbreviations of which I am not a master. If the Committee will forgive me, I shall not attempt such an arduous exercise. However, that document is on its way to noble Lords; it was sent out yesterday. I hope that it is appreciated that we recognise that there are issues in the amendments to which we need to respond, and that we are doing the best we can to identify accurately the issues involved. In addition to accepting necessary action taken to secure the safety of a vessel, Amendment 208, tabled by the noble Lord, Lord Greenway, would extend the exception in Clause 137(1)(e) to securing the safety of cargo. Amendment 209 would exempt damage done to a marine conservation zone by a vessel acting in emergency. Of course, we should not criminalise those whose actions unavoidably harm the environment in the course of emergency involving the saving of lives. We discussed that aspect earlier and of course the Government are four square with the noble Lord in his concern on that. However, we are not so sure about securing the safety of a cargo. Is that sufficient reason to cause harm in an area which we ought to take into account? Cargo, after all, is replaceable and insurable. It is not obvious that we should put on cargo as high a valuation as we put on the protection of valued parts of the environment, which we cannot insure or replace. So we have, as the noble Lord will appreciate, reservations about that amendment. On Amendment A209, I can assure the noble Lord that Clause 137 as drafted provides that where a person takes necessary action to secure the safety of a vessel in an emergency and in so doing damages a marine conservation zone or contravenes a by-law, that person will certainly benefit from the exception described in that clause. As for the issues raised in Amendments A224 and A225, we address the issue of the meaning of a recreational vessel. I listened very carefully to the noble Lord, and I have to admit that when I heard the phrase "recreational vessel" I did not think of a bike. I am glad for his reassurance that bikes do not prove very effective at sea. I would like to offer a further reassurance. Although the term "recreational vessel" is defined separately from "vessel" and is not as a subset of it, the two definitions are clearly related. There is no risk that a recreational vessel would be considered as a vessel and bound by the same rules. We want to make clear that distinction. Noble Lords will forgive me if I have not answered all the points. I have to say that I have had from the Box a proliferation of more than helpful notes, rocketing its success rate to an unparalleled level. Therefore, if I have not satisfied noble Lords, it is my fault alone. I hope that the noble Lord will feel able to withdraw his amendment.