Marine and Coastal Access Bill [HL]

My Lords, we debated these matters extensively in Committee and I recognise the strength of feeling about them in the House. However, the Government see difficulties with the amendments we are debating. Amendment 71 would create a duty to plan. In Committee I said that there were difficulties associated with imposing a legal duty to prepare marine plans. For example, if the marine plan authority withdraws from the marine policy statement, or if the marine policy statement is withdrawn by the Secretary of State, or the Secretary of State does not agree to a devolved Administration’s plan, the marine plan authority will be unable to fulfil its duty to plan. In addition, if adopting a marine policy statement brings with it a duty to plan, it could be argued that it might deter some policy authorities from adopting marine policy statements. Therefore, there are genuine difficulties here. I question whether prescribing such detail in the legislation is the right course of action. Amendments 72 and 73 would lay down that plans should be prepared for the whole of the marine planning region where the marine policy statement governs marine planning. I know that the noble Lord, Lord Taylor, said that his measure is supported by many organisations. However, I am not sure that there is unanimity of view on this matter. Many stakeholders have told the Government that they agree that the system needs to evolve and that we need to learn lessons as we go along. Until we start to create plans, we cannot be sure how extensive the coverage will need to be. We are worried about prejudging the situation by putting this into legislation and by requiring total coverage, whether by a single plan or several. As there are different planning authorities around the UK, it is for each of them to decide where and when plans are needed and whether they entail full coverage of their planning area. We think that the most important consideration would be to plan the most appropriate way for the area concerned. That would almost certainly involve plans of different scales and sizes containing more or less detail depending on the data available, the needs of the area and the levels of activity requiring management and consideration. There is a question of proportion. There must be a question of how much value would be added by an obligation to prepare plans for the whole of the UK marine area, or even the whole of a marine planning region, particularly in the far reaches of the offshore regions. In Committee, the noble Lord, Lord Taylor, said that, ""plans must be made in a proportionate manner, varying with regard to the amount of information available and the necessary detail. This would mean that there could be comprehensive plans across the whole marine area, without taking up too much unnecessary time or effort for plans that will remain less detailed".—[Official Report, 10/2/09; col. 1068.]" That point was made again tonight. It is deceptively inviting to go down that route. While I agree that planning must be proportionate, I am not sure that it is right that one could in certain parts of the marine area be much less detailed. The marine planning process is necessarily intensive and detailed, involving extensive public consultation and consideration of data and evidence. We cannot shortcut this process, which is set out clearly in Schedule 6, without undermining the quality of the plans being prepared and risking losing the confidence of those using the area and the plans. What is more, it is hard to see how such "light touch" plans containing little detail for large areas would be of any benefit for marine users and decision-makers above and beyond the policies already set out in the MPS. To that extent, the MPS can be seen as a strategic-level marine plan for the whole UK marine area. The MPS thus ensures that there is certainly no danger of there being areas of the sea which lack any kind of strategic approach to marine management. In practice, we expect that planning will be of most value in the inshore area, and I am happy to commit to ensure that we draw up plans to cover the English inshore region. We will put this requirement in the direction on planning that we give to the Marine Management Organisation, with which it is under a legal obligation to comply. The Welsh Assembly Government intend to develop a plan for the entire Welsh inshore region. That should give sufficient reassurance of our intentions on the matter. We have, of course, just debated our proposal to insert a new duty on a marine plan authority to report on the plans it has prepared and its intention regarding their amendment and the preparation of any further plans. In conclusion, I hope that noble Lords will understand that there is no lack of commitment in taking the legislation forward and wishing to see appropriate plans in place. Although my response has been technical to some degree, there is substance and legitimate reasons behind why I would caution the House against going down the route of these amendments. I hope that the assurance I can give regarding the inshore region of England and our assurance from the Welsh Assembly Government go some way to providing the reassurance that noble Lords would require.