Marine and Coastal Access Bill [HL]

My Lords, we spent some time in Committee debating the Government’s commitment to an ecologically coherent network of marine conservation zones, how we intend to define the network and whether this network will include wider European marine and Ramsar sites and sites of special scientific interest. I listened carefully to those concerns, and I have tabled a number of amendments to Clause 119 which I hope meet the major points raised in Committee. The amendments seek to emphasise that we are serious about the duty to designate an ecologically coherent network and that we want the network to include a range of marine protected areas, such as European and Ramsar sites and sites of special scientific interest. I will start by addressing my Amendment 113A, which amends the drafting of Clause 119(1) in response to the concern raised by noble Lords in Committee. We must ensure that Ministers are under a clear duty to designate a network of marine conservation zones. Indeed, the entire success of the nature conservation provisions relies on that. I have therefore tabled a new drafting for the duty to designate, as set out in Clause 119(1). This new drafting clearly requires that in order to fulfil their duty, Ministers must exercise the power to designate marine conservation zones set out in Clause 113. This new drafting also makes clear that the network must comprise multiple marine conservation zones. The amendment builds on the legal advice that I sent noble Lords on 30 March, highlighting how Clauses 119 and 113 work together to create a duty. Let me be very clear on this point. Clause 119 imposes a duty on each appropriate authority to contribute to the achievement of a UK-wide network of conservation sites by exercising its power to designate marine conservation zones in its area. It provides that the authority must exercise the power to designate marine conservation zones in order to contribute to the achievement of the objective of a network. The word "must" clearly imposes a duty on the authority to exercise that power to bring about a particular result. The appropriate authority cannot choose not to exercise the power conferred by Clause 113(1) without automatically being in breach of the duty imposed by Clause 119(1). Failure to exercise the power is a failure to comply with the duty. I hope that that provides the reassurance required on that point. I turn to my Amendments 113B, 114A and 114B, which I have tabled in response to our debate in Committee and the amendment proposed there by the noble Baroness, Lady Young. The clause as it stands sets out that the network will include marine conservation zones and European marine sites. These amendments would require the network to include Ramsar sites and sites of special scientific interest, as well as marine conservation zones and European marine sites. The net effect is to ensure that the Secretary of State must designate marine conservation zones so that, taken with other marine protected sites, they form a comprehensive network of sites, allowing us to ensure maximum connectivity and linkages between different MPAs. The duty on the Secretary of State to report to Parliament on progress on designating the ecologically coherent network in 2012, and at least every six years thereafter, will also include a report on the number of marine conservation zones, European sites, Ramsar sites and sites of special scientific interest. The Secretary of State clearly will take very seriously these duties to designate and to report to Parliament. Taken together, they provide clear accountability to report on delivery. I can confirm that, in the light of our discussions, we will be looking to our statutory adviser, Natural England, to play a leading role in co-ordinating and producing the report which we have to make to Parliament on the way our duties to deliver the network of marine conservation zones have been achieved for the waters that we, the UK Government, are responsible for. I hope noble Lords will consider that we have listened carefully to the good and interesting debate in Committee on this matter. I beg to move.