Marine and Coastal Access Bill [HL]

My Lords, I never thought that the issue of boundaries could be anything other than sensitive in almost any context. Therefore, I appreciate the interest in this clause and the amendment moved by the noble Duke, the Duke of Montrose. The Government consider that the time has come for the United Kingdom to declare an exclusive economic zone. This is an internationally recognised concept that is characteristically set out in the United Nations Convention on the Law of the Sea. Up to now we have declared different zones for different purposes—fisheries, marine pollution, renewable energy and carbon storage. We recognise that the accumulation of these different zones produces the potential for confusion domestically, and is somewhat contrary to best international practice. Therefore, we believe that declaring an exclusive economic zone is the right course. We do not think that the issue with regard to the amendment arises. The noble Duke referred to the Interpretation Act 1978, which applies to these orders made under Clause 39(4). I am sorry if it causes some difficulty, but the Interpretation Act is there to facilitate all concerned with these issues, to make it easier for the law to be understood and therefore enacted. Implied in the power in Clause 39(4) is a power to revoke, amend or re-enact any order made under that clause. Therefore, we already have, under the Interpretation Act, the very power that the noble Duke identified. I have no way of allaying the broad anxiety, which the noble Lord, Lord Wallace, indicated, that there can be differences of interpretation about the contestability of boundaries. I am all too well aware that that is a sensitive issue with implications as regards aspects of the relationship between England and Scotland, to say nothing of other devolved practice. I cannot answer that within the framework of this very limited amendment to the clause. What I am obliged to answer is why this amendment is not necessary and I have sought to make that case. I hope the noble Duke, the Duke of Montrose, is satisfied on that point.