Marine and Coastal Access Bill [HL]

The amendment of the noble Lord, Lord Wallace, would include in the Bill what the Government are proposing as the suggested composition of the associations in their helpful briefing on this part, at least as regards a statutory seat for a member of the Environment Agency and Natural England. I received a letter from the noble Lord, Lord Hunt, just before I entered the Chamber today, which confirms that under the new arrangements the Government propose that IFCA membership will comprise statutory members from Natural England, the Environment Agency and the MMO. That is comforting. However, the amendment would go a little further. It seeks to balance the competing interests of environmentalism and fisheries by means of assuring their equal numerical representation. I have a great deal of sympathy with the amendment in this regard. The finding of a balance, which the IFCA is obliged to seek under Clause 149(2)(b) and (c), will not be easy, and this would certainly go some way to ensure that the balance of power within an IFCA is fair. At the risk of lengthening the list, what about a scientist on each authority? Indeed, one could argue that all those with interests in this area should be represented. Our amendments in this group were tabled to address a concern raised by the Delegated Powers and Regulatory Reform Committee that the power in subsection (3) would allow the Secretary of State to remove the obligation in subsection (2) to provide for that balance. We sought to prevent that occurring by drafting amendments to ensure that any order amending this subsection would be subject to the affirmative procedure. I am happy to note that the Government have gone one better and tabled an amendment that would prevent any order amending subsection (2) as it stands. Instead, the power will now be restricted to the adding, varying or removing of any additional safeguards the Secretary of State might think wise to add in the future. We are very satisfied with this approach and thank the Minister and his officials for their amendment.