Marine and Coastal Access Bill [HL]

I shall speak to the amendments standing in my name in the group. The noble Lord, Lord Taylor, has added his name to the one that would insert the word "vehicles". That is a recognition that some of the techniques being used in some fisheries are somewhat more sophisticated than implements that might be described as "vessels". Therefore, the amendment would ensure that, when by-laws are made, there is sufficient scope and power to the IFCA to be able to stipulate vehicles without falling foul of any ultra vires rule. The second amendment, Amendment A234B, is also intended to ensure that IFCAs are not challenged on the grounds of ultra vires. The noble Lord, Lord Taylor, and I clearly have the same objective. If I have understood his amendments and my own amendment correctly, one of the differences is that his amendment relates to paragraphs (b) and (c) of subsection (5), which require a prohibition or restriction, whereas Amendment A234B would positively require the use of particular equipment. It would not outlaw certain equipment but would cover any technology that emerged which, if used, could reduce a by-catch. There is common ground about the need to prevent or reduce by-catches. However, without specific reference to that in the Bill, it may be possible to challenge a by-law that required the use of a certain technology on the grounds that the current provisions do not cover that. The amendment tries to ensure that, where technology provides a way of limiting, reducing or preventing by-catch, there is a means of enforcing that without leaving it to good will. That is the thinking behind the amendment.