Marine and Coastal Access Bill [HL]

I am grateful to noble Lords. I have a little information that I wish to impart with regard to one amendment and I want to be severely critical of another amendment, but I want to be extremely supportive of a third amendment. I do not know which order I ought to do it in—good news last, I think. Let me deal first with the factual position that I want to cover. The noble Lord asked about the powers of Welsh Ministers, and Amendment A244 addresses the question. Welsh Ministers have devolved powers for the management and enforcement of fisheries in Wales and are responsible for ensuring compliance in Wales with EC commitments and obligations. Further to that responsibility, the National Assembly for Wales and Welsh Ministers—as with all Ministers of the Crown—are bound by the Countryside and Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006 to have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biological diversity in accordance with the UN Environment Programme Convention on Biological Diversity of 1992. They are also specifically bound when exercising sea fisheries’ functions to have regard to the conservation of marine flora and fauna under the Sea Fisheries (Wildlife Conservation) Act 1992. Also, as the noble Lord, Lord Livsey, knows only too well, Welsh Ministers have a duty placed on them by the Government of Wales Act 2006 to produce a sustainable development scheme. I might also add that the Welsh model will rely for funding on existing Welsh government funding schemes for fisheries. The marine environment duties have yet to be fully identified but will be costed and factored into existing budgets. That, I hope, clarifies our response to Amendment A244. I am critical of Amendment A245. I do not know whether I dare upbraid him in these terms, but the noble Lord seems to be guilty of trying to appropriate to Parliament what is devolved to the Welsh National Assembly. After all, Welsh Ministers are accountable to the Assembly as to the exercise of their powers and responsibilities under Welsh, UK and European legislation. It is therefore for the National Assembly for Wales to decide the manner in which Welsh Ministers discharge their functions, including the need or otherwise for Welsh Ministers to report annually to the National Assembly for Wales on fisheries matters. I am therefore critical of the proposal that the proper role of the National Assembly for Wales in this regard should be subject under this Bill to Parliament, as the noble Lord suggests with his amendment. Far from being critical of Amendment A237, I am glad that the noble Lord raised the issue. I cannot accept the amendment in its entirety at present, but I notice that it highlights an inconsistency in the Bill whereby inshore fisheries and conservation authorities whose districts adjoin the Welsh inshore region are subject to a duty to co-operate with the Welsh Ministers, who have no reciprocal duty. That is the burden of a well made point. I would like to see how we can address that inconsistency and repair the deficiency. On that basis of one win, one loss and one draw, I hope that the noble Lord can withdraw his amendment.