Marine and Coastal Access Bill [HL]

My Lords, this has been a useful debate. I recognise that the intent of the amendments of the noble Earl, Lord Cathcart, and, indeed, those of the noble Baroness, Lady Hamwee, is to get the right relationship between the IPC and MMO and on that basis, they are very much appreciated. I know that those of us who debated this matter on the Planning Bill and in Committee on this Bill have different views about the role of the IPC in relation to consents above 100 megawatts. We debated the principle when the Planning Bill went through and also discussed the potential role of the MMO, but of course, that was before legislation had been brought before Parliament, so, in a sense, it was a discussion in anticipation. On the role of the IPC, we think it right that, for applications that come within the definition of "nationally significant", the decision should be made by the IPC. However, I also want to make it clear that we consider that the MMO will have a very important role to play throughout the consideration of nationally significant infrastructure projects, both in, or which are capable of affecting, the marine area—one should mention ports as well as wind farm developments. I say to the noble Baroness, Lady Hamwee, that we want to make the arrangements proper and appropriate; we share the view of all noble Lords on that. We see the MMO as being involved at three key stages of the development of nationally significant infrastructure projects that are within the marine area. First, marine developers must consult the MMO before they make any application to the IPC. That should ensure that the MMO is fully engaged at the start of the application process. Secondly, the MMO will be a statutory party as part of the IPC’s examination of marine projects and our intention had been to enshrine these roles in secondary legislation. Thirdly—and very importantly—where the IPC grants consent in the marine area for a development to take place, it will grant a deemed marine licence for the marine aspects of that development after consultation with the MMO. Such a licence will be managed and enforced by the MMO, so that when new evidence comes to light on a particular development, the MMO will, if necessary, be able to modify any conditions of the licence, add new conditions or even revoke it. I think that that gives the MMO very important status and standing.