Marine and Coastal Access Bill [HL]

If I may say so, that is also the thinking behind the Government’s approach to the Bill and the clauses that are subject to the amendments. I am in the most interesting position of agreeing with every word that has been said but not agreeing to any of the amendments, not least because we feel that the Bill already meets the amendments’ objectives. We agree with the sentiment behind the amendments, which has been expressed so graphically. It is essential to making the Bill work well. By-laws have an important role to play, for the very reason given by the noble Lord, Lord Wallace, and other noble Lords: there are specifics that are necessary to control and to affect, which is why the IFCAs need this opportunity. I begin with the point about the permits. The mechanism for the distribution of permits will need to be set out in a by-law, which will require extensive consultation. I agree with the points that have been made that this is a potentially controversial issue and that the process has to be seen to be fair. That is why the arrangements, although the IFCAs are to produce the by-laws, must be confirmed by the Secretary of State. An unfair by-law will also be vulnerable to legal challenge, but we would probably say that more important at this stage is that there must be provision in the Bill for a judgment on the fairness of the by-law—a judgment that must be made by an elected person, who is of course the Secretary of State. The amendments have provoked an interesting debate but they are unnecessary because the effects that they seek to establish are already captured by the Bill. The list of provisions that inshore fisheries and conservation authorities can make by by-law, set out in Clause 152, is not exhaustive but it is the product of consultation in the preparation of the Bill. The provisions listed include examples of the types of by-law that are likely to be required. Clause 151(1) provides inshore fisheries and conservation authorities with the power to make any by-laws that are required for them to meet their duty to manage the exploitation of sea fisheries resources in their districts. Therefore, where IFCAs establish the need for a by-law, subject to the fact that any by-law needs the recognition of the Secretary of State, under the Bill it is within their power to make that by-law. The Bill currently gives IFCAs the ability to propose by-laws of the type intended in all these amendments. The opportunity for IFCAs also to make by-laws which we have not yet considered but which, in an evolving situation, may be necessary in the future is also provided by these clauses. Amendment A234E would change the drafting of Clause 156(1) by replacing "may" with "must". In explaining why we cannot have the word "must", I am in danger of sounding a little precious when I hope simply to be precise. There is no question but that regulations will have to be made by the Secretary of State but, given that this clause will come into effect before IFCAs have been created, it is not appropriate to impose a duty on the Secretary of State to make regulations immediately. He cannot do that. We want the regulations to relate to IFCAs, but the word "must" would not add anything as, without regulations, it would not in practice be possible for by-laws to be made. If IFCAs are to have the power which we are expressly giving them in the Bill and which we all recognise as necessary, the Secretary of State must make regulations. That necessary and logical path follows from the structure of these clauses. Therefore, we do not need "must", as it is already implicit in the structure of the Bill. This approach is consistent with that taken in Section 5 of the Sea Fisheries Regulation Act 1966, so we are not doing anything novel; we are merely creating the basis on which the Secretary of State will make regulations to give IFCAs the opportunity to make the by-laws that they define as necessary. However, particularly with regard to permits, as the noble Baroness emphasised, and because the concept of fairness is very important, those by-laws will then be subject to a judgment as to their fairness. I hope that noble Lords will accept that the Government’s reasoning follows the exact lines as those expressed in this debate, which is why these clauses should stand as they are.