Marine and Coastal Access Bill [HL]

My Lords, once again I cannot support the noble Baroness’s amendment. I have not had the conversion that came fortuitously to the noble Baroness, Lady Young. Not for me the possibility of seeing this differently from my initial reaction. I understand the concern of the noble Baroness, Lady Miller, that marine conservation zones should be, when appropriate, of suitable strength properly to protect the environment over which they are established. I also understand the important and often significantly underappreciated contribution that pristine areas, or areas of naturalness, can make to the overall ecosystem. I, too, hope that, in designating the network, the appropriate authority will have the will and power to impose the necessary restrictions over the features that we are seeking to conserve. Listening to the arguments presented by noble Lords only reinforced my view that within marine conservation zones will be many specific designations. Therefore, I still hold the view that I expressed in Committee: that establishing a two-tier system—as it would be if there were two different levels of designation—where the appropriate authority would have to weigh up whether a habitat was worthy of a higher status of protection would be counterproductive. MCZs will, I hope, be flexible, targeted webs of different restrictions, changing over time for many reasons. Migratory habits, ever-improving scientific knowledge, the impact of global warming and even the recovery of some features will all make necessary the review of by-laws and planning decisions. Adding another arbitrary feature that would need to be changed would not add to the network but instead make it a little more cumbersome and unresponsive. My later amendment, to Clause 119, to tighten up the duty to designate a network, is my preferred way forward. I hope that the Minister will reassure us that what the noble Baroness seeks in her amendment can happen anyway. There is, I presume, no top limit on the amount of restriction that the appropriate authority can impose on an area of sea. If the habitat is found to be so vulnerable and so valuable that it is decided that the only way to protect it is to prevent all activity in that area, that is, as I understand it, possible under the existing drafting.