Marine and Coastal Access Bill [HL]

My Lords, I shall speak also to a series of government amendments grouped with this one. Before I do, though, I return to the debate on the first group. When I said to the noble Baroness, Lady Hamwee, that the MMO will not be a statutory consultee under Section 7 of the Planning Act, that is the position at the moment. I am glad to report, though, that regulations will be made under this clause in due course when they will then be consulted on. That probably gives the noble Baroness a better answer than the first effort. We spent some time in Committee and on Report debating the Part 5 provisions and how they can be further strengthened. We have listened carefully, and I have been able to lay before your Lordships a number of amendments in response. The question of commitment to a network that is ecologically coherent has exercised your Lordships in a number of debates since Second Reading and Committee. We have explained why referencing the term "ecological coherence" in the Bill is not the most effective way to ensure that a network is delivered. Without revisiting those arguments, I commend my Amendment 12, which responds directly to the concerns raised by noble Lords. The crux of the issue lies in the fact that noble Lords were concerned that a lot of trust was being put into non-statutory guidance on the selection of marine conservation zones. While the Bill sets out conditions that our network must meet, and the MPA strategy and guidance underpinning the selection of marine conservation zones sets out the principles of ecological coherence in more detail, there is concern that the Government are not being clear enough about the overall guiding principles for the selection of marine conservation zones to ensure that these sites, together with other types of marine protected areas, deliver an ecologically coherent network, based on our current understanding of that concept. For this reason, I have tabled a series of amendments which will require the appropriate authority—Scottish Ministers, Welsh Ministers and the Secretary of State—each to lay a statement before the relevant legislature. The statement is to set out the principles that each will follow in contributing to the UK network and may also set out any other matters that they consider might be relevant. The statement must be made within two months of the commencement date for the nature conservation provisions set out in this Bill and must be kept under review and updated in accordance with any future changes to the design principles. The Government would use this statement to set out their intention to use the principles of ecological coherence and to say what those principles are. The design principles are described on page 30 of the recently published draft strategy for marine protected areas. The amendments ensure that if any changes are made to the design principles driving the network, a revised statement must once again be laid before the appropriate legislature. I am confident that the amendments will allow scrutiny of the design principles for the network. Most importantly, they respect the evolving nature of the concept of ecological coherence. They will allow us to ensure that the design and designation of the network can reflect the latest scientific evidence and adapt with our understanding of ecological coherence. I pay tribute to the noble Lord, Lord Greenway, for his input on the issue of recreational vessels and, more specifically, for ensuring parity in the by-law restrictions placed on recreational and non-recreational vessels. I promised to consider this point on Report and now table Amendments 14, 15 and 16 to meet the concerns that were expressed then. The Government are firmly committed to ensuring that marine conservation zones are effectively protected. It is important, as the noble Earl, Lord Cathcart, said on Report, that MCZs can be defended from excessive recreational use if considered necessary. However, we do not want deliberately to preclude other vessels from similar restrictions if they could also cause damage. We have sought advice on the extent to which we can prohibit all vessels entering marine conservation zones. Having carefully considered the advice, we believe that the UN Convention on the Law of the Sea allows the Government, in certain circumstances, to restrict entry into or passage through marine conservation zones by all vessels and not just recreational ones. Amendment 14 to Clause 128 therefore removes "recreational" from subsection (3)(b), ensuring that, if the conservation objectives for a site require it, the MMO can make by-laws which restrict all vessels entering into or moving within marine conservation zones, provided it complies with the UN Convention on the Law of the Sea. As we have removed reference to "recreational vessel" in Part 5, I have consequently tabled Amendment 16 to Clause 146, which removes the definition of "recreational vessel". I am confident that these amendments address noble Lords’ concerns and ensure that we are not placing disproportionate restrictions or burdens on recreational vessels. Instead, we have now ensured a system where we can focus on furthering the conservation objectives for a marine conservation zone and, where necessary, restrict all vessels entering sites. I have also tabled Amendment 15 to Clause 140. Following the points made by the noble Lord, Lord Greenway, in Committee, we have also looked again at this aspect of the UN Convention on the Law of the Sea. Our analysis of the text is that it is only once we have declared an exclusive economic zone that we can apply the general offence to vessels from third countries. The amendment therefore applies the general offence of deliberately or recklessly damaging a marine conservation zone to third-country vessels once the UK has declared an exclusive economic zone. Part 2 of the Bill gives us the power to declare such a zone. There are then a series of minor and technical amendments to Schedule 11. The effect of Amendments 23, 24, 25 and 26 is to adapt provisions on MMO by-laws and Welsh Minister orders for the protection of European marine sites so that they could apply more logically to such sites. These amendments do two things. First, they ensure that by-laws may be made for the protection of European sites, rather than for the furthering of conservation objectives which do not necessarily exist for these sites. Secondly, they more selectively apply the by-law provisions of Part 5 to the European sites. In particular, the power to make interim by-laws in Part 5 is not relevant in the European site context, and so is not needed. I hope noble Lords will think that these are helpful amendments, which very much respond to our debates on Report. I beg to move.