Marine and Coastal Access Bill [HL]

My Lords, in moving this amendment I will speak to other government amendments in this group. Our debates in Committee on Clause 2 were lengthy but in many ways some of the most important; they went right to the core of the role of the Marine Management Organisation and to the core of the marine aspects of this legislation. I thank all noble Lords who have taken part in the discussions and debates about the many important matters that have been raised. The amendments that are aligned with Amendment 7 deal with the MMO’s general objective in Clause 2. That objective now has three core elements: first, the obligation to make a contribution to the achievement of sustainable development; secondly, a new obligation to take account of all relevant facts and matters, which are set out in detail in Amendment 9; and, thirdly, a duty to act in a consistent and co-ordinated way. We have preserved the wording of the MMO’s objective to make, ""a contribution to the achievement of sustainable development"," in order to maintain consistency with the terminology used throughout the Bill, notably in Clause 56. That is also consistent with other legislation and, in particular, to that related to planning. However, we have now added a broad power in Amendment 8 for the MMO to do anything that it considers necessary or expedient to help it to achieve its general objective by, ""furthering any social, economic or environmental purposes"." In Amendment 7, in relation to the types of material to which the MMO might wish to have regard when carrying out its functions and making decisions, we started with the new core duty in Clause 2(1)(b), to which I have already referred. The reference to, ""all relevant facts and matters"," includes scientific and other evidence, with a read-across at the end to Clause 23, under which the MMO can undertake or commission research. Amendment 5 is perhaps an appropriate point at which to remind noble Lords of the undertaking that I made in Committee to establish a science advisory committee, which demonstrates our commitment to an evidence-based approach for the MMO. I hope that noble Lords will also welcome our additional undertaking today to appoint a chief scientific adviser to the MMO. Turning back to Amendment 9 to Clause 2, while emphasising the importance of an evidence-based approach, we would not wish to give the impression that specific mention of scientific evidence gives greater weight to any one aspect of sustainable development compared to the other aspects. In order to ensure that relevant evidence such as environmental and socio-economic data is not seen as less important, proposed paragraph (b) includes other evidence relating to each limb of sustainable development. Other matters that might be relevant to a given case are encapsulated in proposed paragraph (c). In Amendment 18, by including a definition of evidence for the purposes of Clause 2, we have endeavoured to address any concern that, on a narrow reading, the word "evidence" might not include studies that predict or project the likely future condition of the seas. This definition makes it clear that "evidence" includes predictions and other opinions resulting from the consideration of evidence. I hope that the rewording of the MMO’s general objective, to which we have given careful consideration, will meet the approval of noble Lords. We have also gone further in response to concerns relating to the accountability of the MMO. Amendment 58 deletes subsection (3) so that Clause 36 now provides that the guidance to be given to the MMO by the Secretary of State on its sustainable development objective, and any other guidance issued by the Secretary of State to the MMO, will be subject to consultation with such bodies or persons as the Secretary of State considers appropriate. Amendments 16 and 17 to Clause 2 further provide that the guidance to be given to the MMO by the Secretary of State on its sustainable development objective will be laid before each House of Parliament in draft, following which it will be given to the MMO and published by the Secretary of State. I believe that this package of amendments very much meets many of the legitimate issues and concerns raised in Committee. The legislation will provide a clear and firm footing to the MMO in relation to its objectives. I believe that the appointment of a chief scientific adviser and the commitment that I have already given to establishing a scientific advisory committee meet the points on scientific evidence. I hope that this package of measures in general receives support from your Lordships. I beg to move.