Marine and Coastal Access Bill [HL]

This has been an extremely interesting debate. It is important that we get this right. I fully accept that we do not want a situation in which there are not adequate penalties for appropriate transgressions. Perhaps I might explain the decision that we reached. It is right that we should explore the level of the penalty. Interestingly, as I understand it, Amendment A198, to which the noble Duke spoke, would make the breach of by-laws a matter of civil law and therefore not subject to prosecution in the court. On that, I am with the noble Baroness, Lady Young. In that case, we need to retain the threat of criminal conviction and a fine of up to £5,000 to act as a deterrent. We agree that without that by-laws are likely to be less effective, since the only sanction would be a fixed monetary penalty up to level 1 on the standard scale, which is currently £200. I appreciate that Amendment A217A would remove that upper limit and I certainly can see that a single form of sanction to deal with all breaches of a by-law might be simpler, but we do not think that it would be fairer or as effective. Relatively modest monetary penalties may be fair and proportionate in most cases and act as a deterrent for most people, but we need the deterrent of higher fines and a criminal record to deal with people who recklessly or repeatedly risk causing harm to a site. I well understand that the noble Baroness, Lady Young, thinks that we do not go far enough in relation to that and wishes to go higher. Certainly, there needs to be a hierarchy. The noble Duke asked me to give an example of an activity that might attract a £200 penalty. As Members of the Committee know, it is always dangerous to answer something like that and I would rather resist, but an example might be a person exceeding the speed limit on a wretched jet ski or entering a prohibited area but not causing damage.