Marine and Coastal Access Bill [HL]

I am inordinately grateful to the noble Earl for moving these interesting and challenging amendments and I shall do the best that I can to reassure him. We have, after all, spent some time discussing the general offence provisions in Clause 136 and the exemptions in Clause 137. Let me start by addressing Amendment A212, which proposes the deletion of Clause 137(4), about which the noble Earl was emphatic. Amendment A213 is a consequential amendment, which would make sure that vessels are treated equally, irrespective of the flag that they fly or are entitled to fly. The reason for Clause 137(4) is that the UK is a signatory to the United Nations Convention on the Law of the Sea. Where waters outside a state’s territorial sea are concerned—that is to say, in the exclusive economic zone or an equivalent zone, such as the pollution control zone—the emphasis in UNCLOS is on the coastal state’s power to enforce applicable international rules and standards or national laws conforming to and giving effect to such rules and standards. Clause 137(4) is needed to fulfil our international obligations and removing it would leave us falling short of them. The strength with which I intend to defend that subsection will be recognised. The clause provides exceptions to the offences of contravening a by-law, under Clause 135, or the general offence in Part 5 of the Bill, under Clause 136. Amendment A214 would provide a due diligence defence for contravention of the by-law in Clause 135. By-laws themselves can be drafted in such a way as to provide an element of due diligence, if that is appropriate. However, in most cases, by-laws will be clear that a certain type of activity is prohibited. A due diligence offence in those terms would not be appropriate. In addition, if there were legitimate reasons why a by-law had been breached, proceedings might then not be in the public interest. I would need some persuading that there was a need for a general provision of a defence here when it can and should be provided, where appropriate, in the by-law itself. Amendments A223 and A226 seek to highlight that, while the definition of England and Wales includes the inshore area, it excludes the English and Welsh offshore marine regions. England and Wales are already defined in existing legislation. The definition of England is set out in the Interpretation Act 1978 to mean, ""the area consisting of the counties established by section 1 of"," the Local Government Act 1972, ""Greater London and the Isles of Scilly"." Such legislation defines England in relation to land and does not extend the definition to include any of the marine area. Noble Lords will appreciate the reason and logic behind that definition. I am not going to leave the noble Lord, Lord Livsey, out of this. Wales is defined in the Government of Wales Act to include, ""the sea adjacent to Wales out as far as the seaward boundary of the territorial sea"." The current drafting in Clause 143 reflects the definitions that already exist, therefore extending the definition of England to include the inshore marine area and to restate that Wales includes the land of Wales and the inshore marine region. As the existing definitions of England and Wales do not include the offshore marine areas, it is unnecessary to exclude the offshore areas in the Bill. The definitions that we have already exclude them. I understand noble Lords’ expectations that the Government will clarify these matters and hope that I am succeeding in doing so at this Dispatch Box. I am seeking to clarify which areas are included and excluded from the definitions that were handed to us before we drafted the Bill and are included in it. In terms of legal drafting, we cannot exclude a region that is not already included in a definition. We already have the definitions established and therefore have to follow that pattern. That is because we need to have consistent definitions of Wales and of England written into the Bill. That is why I cannot accept the amendments, despite understanding the intention behind them: "Here is an excellent opportunity for a further definition that would clarify matters". However, we already have the definition of England and Wales, which constrains us in the framing of the Bill. I think that the amendments were prefaced by the adjective "probing". I hope that they were, because we have worked hard to meet legitimate anxieties that we should make clear the definitions in the Bill and why Clause 137(4) must be retained. I hope that I have given satisfactory explanations.