Marine and Coastal Access Bill [HL]

My Lords, I was one of those who expressed concern in Committee about the absence of appeal provision in the Bill. I echo noble Lords in thanking the Minister for moving significantly further than a coastal margin by introducing these amendments. However, I have a continuing concern about the government amendments. Can the Minister confirm my understanding, which is the same as the understanding of the noble Lord, Lord Taylor, that the Secretary of State will have no duty to adopt the conclusions of the person appointed—the planning inspector? That person simply makes a recommendation which the Secretary of State must consider, but need not follow. The provision will give the Secretary of State, as I understand it, complete discretion on whether to agree or disagree with the judgment of the planning inspector. The Minister will know that the Joint Committee on Human Rights advised in its 11th report of Session 2008-09 that, in order to comply with Article 6 of the European Convention on Human Rights, it is necessary to provide for an appeal to an independent person who has a power to decide the issue. That is because the decision will determine civil rights, and judicial review is not a sufficient remedy for Article 6 purposes on an issue which raises questions of fact and degree. That was the view of the Joint Committee. I respectfully agree with it. Can the Minister please explain to the House what is the policy objection to the Planning Inspectorate, as the person appointed, having a power to take the decision in this context? Or at the very least, what is the policy objection to confining the power of the Secretary of State to interfere with the view of the Planning Inspectorate to exceptional circumstances where an issue of policy arises? I ask the Minister to reconsider that aspect of these helpful amendments. I ask him to reconsider giving the Planning Inspectorate, as the person appointed, the power to decide on matters, other than in exceptional circumstances where the Secretary of State considers that an issue of policy arises. If the Minister does not reconsider and does not introduce a further amendment to that effect, my concern is that the United Kingdom will inevitably face expensive and protracted legal proceedings brought by aggrieved landowners that the next Government are likely to lose in Strasbourg in four or five years’ time.