Marine and Coastal Access Bill [HL]

My Lords, subsections (4) to (6) of Clause 28, as drafted, allow the MMO to designate people to carry out certain legal proceedings on the MMO’s behalf. The intention behind these subsections was to allow staff who were not legally qualified to conduct litigation in the magistrates’ courts and to exercise certain rights of audience in those courts. For more straightforward cases we believe that it should be possible for certain employees authorised by the MMO to be involved in some trials and to recover civil penalties. That will allow cases to come before the courts more speedily, especially in the case of guilty pleas. The amendment simply clarifies the intent of that policy. Clause 28(4) gives the MMO the power to designate any person to conduct proceedings in the magistrates’ court, whereas we need to provide that power only in relation to those who are not legally qualified. Amendment 53 therefore rewords the clause so that the MMO can authorise specifically those people who are not legally qualified. The amendment also clarifies the existing provisions as well as our policy on cases that staff who are not legally qualified can carry out. Clause 28(5) sets out the type of rights of audience that the MMO may designate staff who are not legally qualified to carry out, while subsection (7) provides detail about when a trial is taken to begin and end for the purposes of a right of audience in trials of summary offences. Clause 28(8) includes a definition of what we mean by "bail proceedings" through reference to other relevant enactments. I hope that the House will agree that the changes we have made to the drafting improve the clarity of the clause. The amendments do not involve a change of policy; they merely clarify what was the intent all along. I hope that they command the assent of the House.