Marine and Coastal Access Bill [HL]

My Lords, I thank the noble Lord, Lord Wallace, for tabling the amendments and probing the whole question of biodiversity and conservation, which we are concerned with in all areas of the United Kingdom as much as in Scotland. Many amendments have been tabled at all stages of the Bill which show the level of concern about the difficulties that could arise from the various approaches to conservation that different authorities may take. I do not envy the Minister in responding to these concerns. Not only are devolution arrangements impossibly complicated but the system of agreement means that the effect of a change in one arm is not readily apparent in another. The Government claim to be covering one element of the concerns of the noble Lord, Lord Wallace, by devolving responsibility for the implementation of the EC wild birds and habitats directives to the Scottish Executive for offshore waters adjacent to Scotland. How and when will that take place? The Bill mentions sustainable development as one of its aims. Including biodiversity places a constraint on that concept. The Government have provided a draft strategy for marine protected areas, which most noble Lords here today will probably have recently received. In it, the Government emphasise biodiversity for England and Wales, but I do not think that biodiversity is mentioned in the Bill. Too strict an interpretation of biodiversity could create a problem if some new species or organisms were introduced that were detrimental to other elements of current biodiversity. Introducing a species increases biodiversity, but there is a choice to be made as to whether it is beneficial. I have heard scientists explain recently that we may find as we progress into the future that ecosystem evaluations are of greater importance than biodiversity evaluations—the Government talk in their draft strategy about ecosystem service provision. If powers are to be given to the Scottish Parliament, it may be highly restrictive if they are to be limited to biodiversity. Amendment 84B would place a duty on Scottish bodies that is not placed on others. I shall therefore listen to the Minister’s response with much interest.