Marine and Coastal Access Bill [HL]

Annexe E, on page 21 of the consultation document, lists out Option 2, the creation of six IFC districts. For example, the local authorities in the north-west would include Blackpool Borough Council, Cheshire East Council, which is a unitary, Cheshire West and Chester Council, Cumbria County Council, Halton Borough Council, Lancashire County Council, Knowsley Metropolitan Borough Council, Liverpool City Council, St Helen’s Metropolitan Borough Council, Sefton Metropolitan Borough Council, Warrington Borough Council and Wirral Metropolitan Borough Council. I could go on but I shall desist at that point. I accept that, if one went for the 10 option, there would be fewer local authorities within each boundary, which might make relationships more effective. It is a point well taken. However, we need to see the outcome of the consultation before we come to conclusions. I assure the noble Lord, Lord Greaves, that however many local authorities are defined as relevant, it is our intention that they should all be represented on the IFCAs. I accept that, if local authorities are to feel involved, the relevant ones must be represented. I know that there is a later group of amendments on the issue. I say to the noble Duke that 2011 is a year after the MMO will be established and, as we will debate in later amendments, it will make appointments to the IFCAs. There is an argument for delaying the creation of IFCAs to allow that to happen. In Wales, the Welsh Assembly Government have decided to take responsibility for Wales in-house, and the current sea fisheries committee, which covers both north Wales and the north-west, will have to be split up. The remnant in the north-west will be used as an early adopter when it comes to preparation for IFCA status. That should be extremely helpful. In this opening debate, I stress that IFCAs will be different from sea fisheries committees in a number of ways. As we have discussed, the membership will be different. We are also introducing a clear duty on inshore fisheries and conservation authorities to ensure that the exploitation of sea fisheries resources is undertaken sustainably. That duty includes the need to protect the marine environment from the impact of fishing activity. This is at the heart of the model for inshore fisheries and conservation authorities. I know that we will debate one or two of these points later. This approach has the support of current sea fisheries committees and the Local Government Association. These organisations have recognised the need to change. As I said to the noble Lord, Lord Greaves, every upper-tier local authority with a coastline will be entitled to sit on the inshore fisheries and conservation authority. We have set out a project board to progress matters and, as we have learnt already, we plan to establish the authorities in April 2011. The noble Duke asked about the limit of six nautical miles. IFCAs will be responsible for the enforcement of legislation regulating inshore fisheries out to six nautical miles: that is the same as sea fisheries committees now, with the addition of marine species management in estuaries. This will bring together responsibility for inshore fisheries management into one organisation, thereby streamlining the delivery landscape and ensuring efficient use of resources. We have heard already that between six and 12 nautical miles, access rights for certain member states are set out in the common fisheries policy. Limiting IFC districts to six nautical miles avoids the need for IFCAs to submit all their by-laws to the European Commission and affected member states for approval. We have the option, in the light of circumstances and if we feel it necessary, to extend the seaward jurisdiction of IFCAs out to a maximum of 12 nautical miles. That provision gives us the required flexibility. On aligning local authority boundaries, we see that there is a clear benefit from these measures, because local authorities will be required to be part of, and contribute to, only one inshore fisheries conservation authority, and the district boundaries will be identical to local authority boundaries. Under Clause 165, IFCAs will have a duty to co-operate with each other and will work in a joined-up way across boundaries. We are in the middle of a consultation. This debate has been extremely useful and I will make sure that the outcome, and the helpful comments made, will be conveyed to officials, who will collate and submit advice to Ministers in due course.