UK Parliament / Open data

Marine and Coastal Access Bill [HL]

I hope that I can do better than that by responding constructively to both amendments, although I will not accept them; that would be pushing things a little too far, as noble Lords will recognise. The noble Lord, Lord Montrose, has identified an issue, and I am grateful to him for that. When drafting this subsection, we were concerned to maximise the chance of everyone with an interest having the opportunity to express views. That is the objective. However, the noble Lord is right that we are in danger of imposing disproportionate burdens on the MMO. Indeed, he described them in such a way that it is clear that they could be not only disproportionate but absolutely indefensible. He is right that, in the most extreme case, anyone who could remotely be said to express an interest could be expected to receive their copy. We will look at this again in the light of the noble Lord’s amendment. I think that I can assure him that when we do so we will ensure that we do not fall into the trap that he has accurately identified. Falling into such a trap would not be the right thing to do. On the point raised by the noble Lord, Lord Greenway, I emphasise that emergency by-laws are intended to be a contemporary measure. They should not normally remain in force for more than 12 months, as this is generally sufficient for a permanent by-law to be made if necessary. A longer period may be needed, however, and Clause 127(7) allows the MMO to extend the protection for up to six months by making a further by-law. I emphasise that the MMO could do so only when it intends to make a permanent by-law and has already published notice of it. I reassure noble Lords that Clause 126 makes it clear that, to comply with Clause 127(7), the MMO must ensure that its notice complies with the requirements of Clause 127(8). I hope that that gives the noble Lord the assurance that he seeks and that, having scored bull’s-eyes, both noble Lords will feel able not to press their amendments to a vote.
Type
Proceeding contribution
Reference
708 c1235 
Session
2008-09
Chamber / Committee
House of Lords chamber
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