Marine and Coastal Access Bill [HL]

My Lords, this amendment and the others in this group address a significant inconsistency in the Bill. At present, it provides a defence to those who intentionally damage a marine conservation zone for a broader range of activities than under the marine licensing system set out in Part 4. In that part, in Clause 83(1)(a), a person has a defence when taking action in an emergency to secure the safety of a vessel, aircraft or structure or to save human life. In Clause 137(1)(e) in Part 5, by contrast, a person benefits from a defence under these same conditions but also if he is taking action to prevent damage to a cargo or vessel. We have emphasised numerous times during our debates our intention to provide the best protection that we can for those areas of the sea that we consider environmentally valuable. These amendments therefore seek to raise the level of protection for marine conservation zones to the same level in Part 5 as we have in Part 4. Amendment 118B does two things: first, it narrows the scope of Clause 137(1)(e) to actions taken to secure the safety of a vessel; secondly, it then applies the defence to actions taken to secure the safety of a marine installation or aircraft, which makes it comparable with Part 4. Amendment 118C inserts a new subsection into Clause 137 to say that where the action taken to secure the safety of a vessel, marine installation or aircraft was necessary only due to the fault of the person taking the action or of someone in his control, the defence does not apply. Again, we are making this part of the Bill comparable with Part 4 in Clause 83. Amendment 120B is a consequential amendment that provides a definition of "marine installation", a term that is introduced by Amendment 118B. "Marine installation" is a term also used in Clause 252 in Part 8 of the Bill. I beg to move Amendment 118B and hope that noble Lords will support the other two amendments when we reach them. Amendment 118B agreed.