Marine and Coastal Access Bill [HL]

My Lords, I am most grateful to the noble Lord, Lord Livsey. I echo the comments made about the Bill team and the way in which it has responded, which has been excellent and has helped us to reach what has generally been a consensual approach to the Bill. As I said earlier, that provides a good foundation for what we all wish to achieve, not only in the marine environment but also in relation to coastal access provisions. The noble Lord, Lord Wallace, has raised this matter in relation to a number of Bills. While I am not sure that I can promise him anything new, I can promise him consistency in the Government’s approach and response. I know that he is rather wary of our unwritten constitution and conventions. He is right that the constitutional relationship between the Crown dependencies and the UK is not enshrined in a formal constitutional document or in statute; rather it is the outcome of historical processes and accepted practice. On the Crown dependencies, the islands are not part of the UK and therefore have no representation in Parliament at Westminster. They are internally self-governing dependencies of the Crown included in the term "British islands". The Crown dependencies have never been colonies of England or the UK, nor are they overseas territories, which have a different relationship with the UK. They are fully functioning parliamentary democracies. Constitutionally, the UK Government have a considerable role; they are responsible for the defence of the islands and for their international relations. The Crown is responsible for the good government of the islands as Crown dependencies. The Crown acts through the Privy Council on the recommendation of UK government Ministers in their capacity as privy counsellors, so the Crown’s powers over the islands are, in effect, exercised by the UK Government. The Channel Islands legislatures pass primary legislation which requires approval by the Queen in Council. The Isle of Man Lieutenant Governor, subject to the consent of the Secretary of State for Constitutional Affairs and the Lord Chancellor, grants Royal Assent to most primary legislation dealing with domestic matters passed by the island’s legislature. In the case of a minority of Bills, primarily those affecting the role and responsibilities of the Lieutenant Governor, Royal Assent is reserved to the Queen in Council. All the Crown dependencies have their own legislatures. The UK Government also have the power to legislate for the islands. However, the UK respects the islands’ rights to autonomy in their domestic affairs and it would be contrary to constitutional convention to exercise the power to legislate for them in these areas in all but the most exceptional circumstances. The UK’s relationship with overseas territories is based on partnership, shared values and the right of each territory to determine whether it wishes to retain the link to the UK. When seeking to extend the effect of UK legislation to the overseas territories, we would normally do so through consultation with them. The specific circumstances, diversity and remote location of many of the territories mean that UK legislation may not always be appropriate. Moreover, implementation of the law and creation of relevant local bodies would be extremely difficult without the co-operation of the territory concerned. I know that the noble Lord, Lord Wallace, has concerns about the constitutional relationship. On the Crown dependencies—and the noble Lord knows this—the relationship was last examined by a royal commission on the constitution, which was appointed in April 1969. The commission issued its report, referred to as the Kilbrandon report, in 1973. The terms of reference of the commission were to, ""examine the present functions of the central legislature and government in relation to the several countries, nations and regions of the United Kingdom; and to consider, having regard to developments in local government organisation and in the administrative and other relationships between the various parts of the United Kingdom, and to the interests of the prosperity and good government of Our people under the Crown, whether any changes are desirable in those functions or otherwise in present constitutional and economic relationships; and to consider also, whether any changes are desirable in the constitutional and economic relationships between the United Kingdom and the Channel Islands and the Isle of Man"." The commission received and examined evidence about the relationship from the authorities in the islands and from organisations and individuals who responded to an open invitation. As the noble Lord mentioned, it acknowledged that there were areas of uncertainty in the existing relationship, which was itself complex. It did not, however, purport to draw up a fully authoritative statement as to that relationship. It noted the following conclusion in relation to the constitutional relationship between the Crown dependencies and the UK: ""We have been impressed by the virtual unanimity of opinion in the evidence submitted to us in favour of maintaining the existing constitutional relationships, either without change or furnished with additional defences against encroachment on the Islands’ autonomy"." On 13 January 2009, my right honourable friend Mr Michael Wills replied to a Question raised by Dr Kumar on this matter in the other place. He was asked what the Government’s policy is on the future constitutional relationship between the UK and the Crown dependencies. Mr Wills confirmed: ""There are no plans for change to the constitutional relationship between the UK and the Crown dependencies".—[Official Report, Commons, 14/1/09; col. 810W.]" Coming to the substance of the issue in relation to the Bill, I assure noble Lords that the Crown dependencies and the overseas territories have been fully consulted on the extent of the Bill and have been given every opportunity to request order-making powers in respect of all the provisions of the Bill. The outcome of these is reflected in Clause 313. On the noble Lord’s question of why only certain of the Bill’s provisions apply to certain Crown dependencies and overseas territories, I have answered implicitly. UK legislation is not normally extended to overseas territories and the Crown dependencies without their consent. In general, we seek to extend the effect of UK legislation through consultation with them. Therefore, the Bill as drafted reflects the outcome of consultations with the Crown dependencies and the overseas territories on the extent of the Bill and the specific order-making power included in it. Marine licensing is the most relevant part of the Bill applicable to the Crown dependencies and overseas territories. Following consultation, certain islands and overseas territories are listed but others are not, as the listed ones had requested that they be part of the Bill. That is the reason for that.