Marine and Coastal Access Bill [HL]

My Lords, I shall speak to this amendment and the government amendments in the group, which are relatively minor compared with the important issue raised by the noble Lord, Lord Livsey, in Amendment 121B, which is the main subject of the debate. The amendment, as identified by the noble Lord, would put a duty on Welsh Ministers, ""to ensure that the exploitation of inshore fisheries’ resources is carried out in a sustainable way"." I say at the outset that Welsh Ministers have decided to take direct responsibility for all sea fisheries management in Wales, which in practical terms means a consistent approach to fisheries’ management throughout Welsh coastal waters. I know that the noble Lord, Lord Livsey, will welcome that intention. We discussed a similar amendment in Committee when it was explained that Welsh Ministers have a statutory duty under Section 79 of the Government of Wales Act to make a sustainable development scheme. The scheme must set out how the Welsh Ministers propose to promote sustainable development in the exercise of their functions, and they are under an obligation to report each year publicly on progress in implementing its provisions. Welsh Ministers are committed to embedding sustainable development within all their functions to ensure that it is at the heart of the Assembly Government’s work. I understand that later this week they will publish a revised scheme confirming that sustainable development is a central organising principle of the Welsh Assembly Government and that that commitment is underpinned with specific actions to ensure that sustainability is part and parcel of their work. We also said in Committee that the Welsh Ministers are subject to the requirements of Section 1 of the Sea Fish (Conservation) Act 1992, which requires that while discharging their functions under the Sea Fisheries Acts they must have regard to the conservation of marine flora and fauna and endeavour to achieve a reasonable balance between that consideration and any other consideration to which they are required to have regard. The House may also note that the Welsh fisheries strategy already includes a commitment to take an ecosystem approach to fisheries management. In recognition of those duties, the Welsh Ministers have signalled their desire to manage all fisheries sustainably, rather than single out the inshore region. Welsh Ministers also made a commitment that the Welsh Assembly Government single enforcement team, which will include staff from the current sea fisheries committees, will undertake fisheries and marine enforcement jointly. That is in direct response to what I think is the noble Lord’s objective, to the need to take an ecosystem approach to fisheries management, and to the expectation and need to manage the wider sea fishery resources given by the Bill. I hope that I have explained why the Government believe that there is no need for a duty of sustainability in the terms proposed, because the Welsh Ministers have those obligations and are freely and openly stating, including in a statement this week, their commitment to sustainability and the development of an ecosystem approach to fisheries management, rendering the amendment unnecessary. During Committee, the noble Lord, Lord Livsey, moved an amendment that would require Welsh Ministers to co-operate with adjoining inshore fisheries and conservation authorities. We said that we would look to accept the intention behind the amendment. We have looked at that matter with considerable care. It is apparent that a duty to co-operate would be difficult to apply in practice, due to the interplay between Part 6 and existing powers. As the noble Lord will know, Welsh Ministers already exercise a range of IFCA-equivalent functions without a duty to co-operate with those who exercise similar duties in England. Clause 180 merely tops up those functions where they do not already have them. The Government do not want to change the terms of the Welsh settlement by imposing new duties on Welsh Ministers’ existing functions, nor would it be sensible to impose a duty to co-operate only on their new functions, which are more limited than their existing obligations. However, I give the noble Lord this assurance, because I know the intent behind his contribution in Committee and his amendment today. I confirm that Welsh Ministers are actively considering cross-border working arrangements and have made a statement to the Assembly giving the assurance that Welsh Ministers will seek Memoranda of Understanding with the inshore fisheries conservation authorities that border Wales and the Marine Management Organisation to facilitate joined-up management. I can also confirm that Welsh Ministers have asked the stakeholder advisory committee to develop options for the appropriate reporting levels to maintain the transparency of fisheries management. I hope that that offers reassurances on the point. We said that we would respond to the noble Lord’s amendment. On further inquiry and having examined the issues in Wales closely, we have reassured ourselves that his objectives are already subscribed to by Welsh Ministers and the Assembly. I turn to a slightly different but related matter. Government Amendments 121C and 121D would ensure that Welsh Ministers had the same powers and functions to regulate inshore fisheries as inshore fisheries and conservation authorities will have in England, to make it four-square in those terms. Amendment 121D is at the heart of that. It would insert a new provision into Section 27(1)(c) of the Wildlife and Countryside Act 1981. Its effect would be to enable Welsh Ministers to appoint authorised persons under Section 27 in the same way as the Bill will give inshore fisheries and conservation authorities the power of appointment. That is a simple matter of maintaining parity of powers and functions for the two authorities, which will be required to carry out exactly the same job. Under Section 27, authorised persons may kill birds for purposes relating to fisheries or fishing. Amendment 121C is a simple consequential amendment because of the insertion of the new provision. I hope the noble Lord will appreciate that I am not going so far as to accept his amendment because the intent behind it is already substantially subscribed to by the Welsh Assembly and Welsh Ministers. They will give effect to this in statements that they will make this week. I hope, therefore, that the noble Lord will feel able to withdraw his amendment with confidence and that, in due course, the government amendments will be supported.