Marine and Coastal Access Bill [HL]

My Lords, although it is very tempting to debate particular aspects of devolution in relation to Scotland and Wales, I had better desist from doing so. However, I say to the noble Baroness, Lady Carnegy, that I very much hope that the end result is not a federal system of government. On the 10th anniversary of the establishment of the Scottish Parliament, the polling showed up some very interesting results, which were encouraging for those of us who believe that the Union has much for which to commend itself. However, I realise that the more I speak, the more I tempt noble Lords to debate devolution in general. Regarding the specifics of my amendments, noble Lords may ask why it has taken until now for the Government to provide the clarity required. The short answer is that the final discussions between the devolved Administrations and the UK Government that took place in the autumn—which led to the confidence that I have stated in this House before that we can make this work from the UK’s point of view—meant that a lot of work then had to be done to ensure that the Bill was up to scratch in relation to the devolution settlement. We have been working very closely with counterparts in Scotland, Wales and Northern Ireland and with parliamentary counsel in going through the detail of this revised clause. Of course, the framework of responsibilities within the devolution settlement is extremely complex, but I am confident that we now have it as right as it can be. I say to the noble Baroness, Lady Carnegy, that if we spot further changes that need to be made, there will be another opportunity to do so. I hope that that will not be necessary but, as a result of these amendments, we now have the support of all the devolved Administrations regarding the definitions that we are proposing. I am grateful to the noble Baroness, Lady Hamwee, for her comments on my extremely lengthy letter. She is right to say that I left a caveat in the penultimate sentence, but that is just a sensible precaution and I do not think that anything more should be read into it. In Committee, the noble Duke raised his concern that this is a very complex area. Although we are confident that we have it right, and the UK Government and devolved Administrations understand their respective responsibilities, ensuring that that is communicated to all the people who will be affected by this legislation in the future is a considerable challenge. He is right about that, and we will have to think very carefully, as will the other Administrations, about how that is to be done. Regarding the noble Duke’s specific question, my understanding is that the public authorities already know which functions are devolved and which are retained, so we do not think that that is particularly an issue. I reiterate, as I have done on many occasions, that Part 3 does not affect the devolution settlement, however much the noble Lord, Lord Livsey, wishes that it does. Amendment 75A agreed. Amendments 76 and 77 not moved.