Marine and Coastal Access Bill [HL]

We, too, think that it is very important to probe the Government’s intentions in this area. In its context, it may not look very difficult to deal with. However, to exempt a specific set of actions from offences under Sections 135 or 136 means that we are making some specific exemptions in an important territory. I think we are right to probe the objective and purpose of the exemptions. A few minutes ago, the Minister referred to consistency of approach. By definition, when you start making exceptions you are not being consistent. Therefore, it is extremely important that the rationale behind these exemptions should be fully explained. At present, Clause 137(3) is remarkable in that it refers to specific activity, ""in the course of, sea fishing, or … an act done in connection with such an act"." That is a curious phrase. Then with the condition that, ""the effect of the act on the prohibited feature in question could not reasonably have been avoided"." However, this refers only to sea fishing. I have, I think, a reasonable record of trying to support the sea fishing industry and fishing communities, but anybody who has any concerns with the particular broad scope of the Bill must wonder why they are being singled out. Bearing in mind our previous debate, why should not those involved in recreational activity be listed? They are often the same people. In the summer, small-scale inshore fishermen often indulge in a bit of recreational activity for their local communities, and no doubt make a reasonable return on that operation. Why should sea fishermen be given this special dispensation while in the summer when they turn to recreational activity they are not? As I hope is apparent to all Members of the Committee, I am not a lawyer. I am proud of that fact. My legal friends who look at this clause will have great fun. I think they can make some useful money out of it. This is the sort of exemption that will provide them with many opportunities profitably to exercise their talents before the court in seeking to demonstrate that the offence was committed for the purpose of, and in the course of, sea fishing and was done in connection with such an act. There is an obligation on us in dealing with any legislation of this sort. When a group of individuals is targeted either for a special penalty or special exemption, the Government should explain why they are singling that group out. On that basis, I gladly support the amendment moved by the noble Duke; we are entitled to a fuller explanation that is immediately apparent.