Marine and Coastal Access Bill [HL]

I move Amendment A198 on behalf of my noble friend Lord Taylor. The amendments in this group have been tabled to explore the penalty levels set by the Government in Clauses 135 and 138. They could well have been tabled to Clause 136, but the noble Baroness, Lady Young, has tabled her Amendment A199, which highlights the discrepancy between the penalty levels in Clauses 135 and 136, and will do just as well. The difference between £5,000 and £50,000 is enormous, and I look forward to hearing the Minister explain his reasoning behind it. Amendment A217A deals with the penalty level in Clause 138, which sets the level of monetary penalty that the enforcement authority can impose. This level is very low. We do not necessarily disagree with this; fixed monetary penalties may be a cheap and quick method of getting through a large case load without clogging up the courts, but they should not be seen as a substitute for proper legal proceedings where the circumstances warrant. Where a serious breach of by-laws has occurred, the enforcement authority should proceed under Clause 136 rather than Clause 138. I am curious as to what sort of situation the Minister thinks a maximum penalty of £200 will be effective in. It is too small to be a meaningful deterrent for many of those who might intend to breach the by-laws for commercial gain, but enough to be a significant and not necessarily useful nuisance for those who accidentally breach a by-law. The noble Baroness’s amendment in this group is an interesting possible alternative and I look forward to hearing the response that it receives. I beg to move.