Marine and Coastal Access Bill [HL]

My Lords, I am grateful to the noble Duke, the Duke of Montrose, for moving this amendment, which helps us to take the debate a little further on, and to the noble Lord, Lord Wallace of Tankerness, who certainly clarified the issues on which we need to concentrate relating to this aspect of the devolution settlement. Of course I fully understand their anxieties. They wish to ensure that, where the MMO could be required to undertake a function in a devolved area such as the Scottish inshore region, this should not happen without prior consultation. The noble Lord, Lord Wallace, identified not an exhaustive list of functions, but several clear areas where it might be necessary for the MMO, working on behalf of the Government in respect of UK-wide powers, to undertake a function within the inshore waters. We had some extensive discussions on the devolution issues during our earlier debates. I emphasise that, in preparing this Bill, the Government were concerned to secure the full support of all four Administrations. I want to assure the House that what we have in the Bill in this respect has the full support of those Administrations. We have not had representation from any of the Administrations that they want anything on the face of the Bill that gives additional expression to what the noble Lord, Lord Wallace, indicated would be good established practice. That is what the four Administrations are content with. I buttress this remark by giving a full assurance that the Secretary of State will not permit the MMO to operate within the devolved Administrations’ inshore regions without prior consultation with the appropriate Ministers or Administration. It goes without saying that this is best practice for neighbouring Administrations working together, and that the devolved Administrations understand how it will work. I re-emphasise that point today from the Dispatch Box. There is therefore not a great deal between the two supporters of the amendment and the Government. We are out to emphasise, as they have, the importance of such consultation taking place. I emphasise that the devolved Administrations are happy with the Bill, so it will be appreciated that we do not see the benefit of placing such a provision in the Bill. I might also add that we are not totally convinced that, if it were in the Bill, this would be the place to put it, but that is a different matter. I hope that, with that statement, the noble Duke, the Duke of Montrose, will feel able to withdraw his amendment with some confidence.