Marine and Coastal Access Bill [HL]

This is one of those debates that we have had on a number of occasions. That is understandable, because we have come to the main duties of the IFCAs. It is important that we get this right. I have noted that my noble friend Lady Young, who opened the debate, was concerned, partly in the light of previous experience with the SFCs, that we had not got Clause 149 right. I understand entirely the point that she made. We believe, and it is our intention, that inshore fisheries and conservation authorities will work to achieve sustainable development in the marine environment. We think that the duty in Clause 149(2)(a) and (b) to, ""seek to ensure that the exploitation of sea fisheries resources is carried out in a sustainable way"," and, ""balance the social and economic benefits … with the need to protect the marine environment"," is a strong one. The noble Lord, Lord Kingsland, does not like paragraph (b), but it seems to me to achieve the necessary balance between exploiting social and economic benefits, protecting the marine environment and promoting its recovery from the effects of exploitation. As regards Clause 149(2)(c), I noted the comments of the noble Lord, Lord Kingsland, on internecine warfare. However, it is a case of one noble Lord’s warfare as against another’s understanding of fishing communities. I understand what he is saying but these authorities will have to make balanced judgments, not just on issues to do with fishing and exploitation of the sea but as regards different elements—if I may put it that way—of the fishing community. However, I hear what noble Lords say about whether we have this right. I understand that it is to an extent coloured by our long-promised discussions on whether we can agree a sensible way through in relation to Clause 2. I am happy to have further discussions with noble Lords, without commitment, on Clause 149(1) and (2) to ensure that we have the balance right. As I say, I offer that without commitment but on the understanding that because we have not resolved the questions in relation to Clause 2, it is difficult to have that debate, as the noble Lord, Lord Kingsland, said. As I say, I am very happy to have those discussions on that basis. Amendment A232ZA, in the names of the noble Lord, Lord Taylor, and the noble Earl, Lord Cathcart, would require inshore fisheries and conservation authorities’ duty to protect the marine environment from, and promote its recovery from, the effects of such exploitation including past exploitation, to include the effects of past exploitation. I well understand the point, which is an entirely proper one to make. We think that it is implicit in the Bill as drafted. I hope that the noble Lord will accept that we certainly agree with his point. On Amendments A233A, A233B and A233C, the noble Lords, Lord Greaves and Lord Wallace, propose to insert a definition of "marine flora and fauna" in subsection (6) of Clause 149 to include those species, including birds, ""which are dependent on, or associated with, a marine or coastal environment for part or all of their lives or whilst migrating"." The duty placed on inshore fisheries and conservation authorities includes a duty to protect the marine environment from, or promote its recovery from, the effects of exploitation when managing sea fisheries resources within their district. The "marine environment" is defined in Clause 177 and includes, ""flora and fauna which are dependent on, or associated with, a marine or coastal environment"." Since the definition of "marine environment" captures all flora and fauna associated with the marine or coastal environment, including birds, this makes the need to define "marine flora and fauna" unnecessary. Amendment A233B is proposed to include "seashore" after "sea" in the definition of "sea fisheries resources". However, Clause 40(3) defines "sea" to include the seashore. Specifically, it says, ""any area submerged at mean high water spring tide"," so we do not think there is a need for this change. Amendments A242, A245ZA—this seems a return to our old style of numbering—and A240 would make a range of changes to the Sea Fisheries (Wildlife Conservation) Act 1992. The Act requires UK Ministers to have regard to the conservation of flora and fauna in the discharge of their functions under the Sea Fisheries Acts. The amendments would extend the Act to the MMO; require Ministers and the MMO to further or, ""take reasonable steps to further"," conservation and enhancement of marine ecosystems, flora and fauna; and require those affected to seek to balance that consideration and any other consideration to which they are required to have regard. I say to the noble Lord, Lord Taylor, that my understanding is that the 1992 Act in its present form is already extended to the MMO by virtue of Clause 11. In terms of the proposed changes to Section 1(1)(a) of the 1992 Act, a duty to further the conservation and enhancement of marine ecosystems would be imprecise and, particularly in relation to enhancement, potentially open-ended. In addition, most fishing activities will impact to some degree on the marine ecosystem, making the duty impossible to meet. As far as the MMO is concerned, we could not accept a duty to further conservation, as that would be to favour one element of its overall sustainable development duty over the others, notwithstanding the second part of the amendment and our more general discussion about the sustainable development duty, which I have already referred to in relation to Clause 2. I understand that the noble Lord wishes to ensure that fisheries do not have an adverse impact on the marine environment and wishes to impose duties to protect the marine environment. That is covered more precisely through the various commitments or duties that Ministers currently have; for example, the conservation of the marine environment and biodiversity under the habitats directive, the birds directive and the Natural Environment and Rural Communities Act 2006 and, in this Bill, the creation and protection of marine conservation zones. We have a range of powers in the Bill—