Marine and Coastal Access Bill [HL]

My Lords, I speak also to the other government amendments in this group. The amendments result from the useful debate in Committee when the noble Duke, the Duke of Montrose, questioned the wording in subsection (2) of Clause 126. I am grateful to him for doing so. It was pointed out that the Bill requires the MMO to send a copy of a draft by-law to every person who it thinks is likely to be interested or affected by the by-law. The noble Duke suggested that that was quite some obligation. We agree that this could be read as imposing a somewhat unrealistic, disproportionate and costly burden on this public body, which was not our policy intention. In response, we have tabled a series of amendments, both in relation to Clause 126, and in relation to the notification requirements for other clauses in Part 5, which we have also reviewed in the light of the debate in Committee. Amendments 114G to 114J, taken together, deal with this point. They impose more clearly a proportionate and workable duty on the Marine Management Organisation. This is intended to address the specific point raised by the noble Duke, the Duke of Montrose, in Committee. The amendments would require the MMO to publish notice of the making of a by-law as soon as reasonably practicable after the by-law is confirmed, and to make copies available for inspection. In practice we would also expect the MMO to send a copy of the notice to people who it considers will have a particular interest. Amendments 114K to 114M address a similar issue and ensure consistency with the approach I have just outlined in relation to by-laws that have been made by the MMO. In similar fashion, Amendments 114N to 114Q make changes to Clauses 131 and 133, which provide powers for the Welsh Ministers to make orders to protect marine conservation zones in Wales. These orders will be similar to by-laws made by the MMO. The purpose of these amendments is to impose similar and consistent duties on the Welsh Ministers to publicise orders as are being proposed for the MMO after making a by-law. We have also reviewed the other notification requirements in Part 5 to ensure consistency. As a result of this we have tabled Amendment 113ZD. This introduces a new clause after Clause 116, requiring Ministers to publish notice of the making of an MCZ designation order, and to make copies of the order available for inspection. It must also provide a copy of the order to any person on request. Currently, the Bill requires consultation to take place only before any decision is taken on whether to designate a marine conservation zone. However, the debate in Committee clearly underlined how important it is for people to know what decision is reached. Informing people that a site has been designated will help to ensure that the site is more effectively managed and protected, and that offences are more easily enforced. This group of amendments will ensure that the notification arrangements throughout Part 5 are transparent, workable, proportionate and consistent. They are important to secure efficient public administration and to ensure that the public are properly informed of matters that may affect them. In due course, I shall ask the House to accept the other amendments in the group but, for now, I beg to move Amendment 113ZD.