Marine and Coastal Access Bill [HL]

My Lords, I do not think that there is any disagreement in principle; it is really a question of the years. I am grateful to the noble Lord, Lord Wallace, for his commendation. I would not like to claim that it is an entirely novel approach, but I certainly agree with him that it is very helpful to us trying to find our way through legislation. It is an example that one would like to see followed in the future. I agree wholeheartedly with the principle of building in a parliamentary dimension. The noble Lord, Lord Wallace, and the noble Duke are right to suggest that the debates we have had on the Bill show that there is intense parliamentary interest in the marine environment and ensuring that the provisions of the Bill are enacted appropriately. I have no doubt whatever that there will continue to be great interest. Therefore, we need to make sure that Parliament has opportunities to monitor effectively. Given the amount of secondary legislation that will come forward, there will be ample opportunities over the next year or two for Parliament to be kept appraised of the way in which the legislation will unfold. In relation to these particular amendments, we think that this is an important matter. My Amendments 92 to 97 build on a proposal put forward in Committee by the noble Baroness, Lady Young. That would have required, as the other amendments in this group do, annual reporting to Parliament on the implementation of marine planning. It was suggested that would place marine planning authorities’ activities under greater scrutiny and act as a gentle spur. We accept that point. It will make legislators and the public more aware of progress on marine planning and allow them to apply pressure if they consider it falls short. Amendments 70 and 84, tabled by the noble Lords, Lord Wallace and Greaves, also introduce reporting requirements on how the marine policy statement of each marine plan respectively has been carried into effect, amendments made and further steps to be taken. The issue of the timing is this: we expect that a single marine plan and the marine policy statement will take around two years to prepare. The concern that we have on annual reporting is that it might be too onerous and not particularly helpful because of the cycle in the production of marine plan and marine policy statement. The noble Duke, the Duke of Montrose, referred to that too. That is why we have come up with our own six-yearly reporting, which we think meets the cycle. It will enable these reports to be combined with those required on progress made in implementing the programme of measures required for each region under the marine strategy framework directive. Recognising, from my time of speaking on constitutional affairs at the Ministry of Justice, some benefits in legislation ceasing to operate after a certain time, we have also suggested this duty cease in 2030, by which time we will expect marine planning to be established. Having a sunset clause of this type ensures that the reporting duty does not continue indefinitely, if, for instance, the marine strategy framework directive is amended or revoked. At heart there is no disagreement on this. It is a question of whether the reporting mechanism is right. For the reasons stated, we think that annual reporting is just too onerous, which is why I hope that the House will accept my amendments.