Marine and Coastal Access Bill [HL]

There is a series of amendments in this group, which I will briefly speak to. Amendment 245A has echoes of an amendment that we debated earlier today with regard to by-laws that the IFCAs could make. By now, though, we have moved on to a new part of the Bill, and we are dealing with regulations that the Secretary of State can make in relation to England or that Welsh Ministers can make in relation to Wales. The first amendment is again to make it clear in statute that regulations regarding equipment, methods or materials not only might relate to the prohibition of certain fishing gear but could actually require certain gear to be used. As I indicated earlier—I will not elaborate more—there is, as we are all well aware, a considerable amount of advanced technology in this field as well as research being done to try to ensure that new techniques and equipment are brought forward that will seek to eliminate or reduce by-catch. We want to ensure that if Ministers, Welsh Ministers or the Secretary of State were to make an order that required gear to be used, as opposed to restricting or prohibiting certain gear, that would be competent and within the powers available under statute. The other two amendments in this group relate to the Sea Fish (Conservation) Act. Section 3 of the original 1967 Act related to orders that could be made with regard to fishing gear, while Section 5 related to fishing activity. By virtue of the Environment Act 1995, there was an extension to allow the issues of the marine environment to be taken into account. The purpose of these amendments is to make it clear that the power to control fishing gear can indeed be used for marine environmental purposes as opposed to purely protecting undersized quarry species. The final amendment in the group, Amendment A246A, which would insert a new clause after Clause 189, is drafted in a similar spirit. Rather than referring solely to protection of the marine environment, quarry species or particular habitats, it seeks to promote ecosystem recovery. That wider objective would take account of gains that might be made through adopting the ecosystem approach. We are obliged to do that under the common fisheries policy and the Marine Strategy Framework Directive. Therefore, I believe that it makes sense to include it in the Bill. I beg to move.