Marine and Coastal Access Bill [HL]

My Lords, I thank my noble friend Lord Goodlad for tabling the amendment and for giving us the opportunity to look at this point again. As chairman of the Constitution Committee, he has been extremely effective in pressing this issue. It was good to hear the contributions of noble Lords to this debate, particularly the contribution of my noble friend Lord Montagu of Beaulieu, who has a great interest in the coastal route and a great sensitivity about the way in which it can be constructed. As I made clear on Report, I share the concerns of my noble friend Lord Goodlad about the possibility that the Secretary of State would be able to ignore the findings of the planning inspectorate and insist that the route be imposed even in contravention of a fair balance. The Government’s amendments in this group go some way towards alleviating my concern. I understand fully their desire to keep some flexibility, in the event a finding was perverse or otherwise fell into the reasons laid out in proposed headings (a), (c) and (d) of Amendment 28. As noble Lords have said, it is the Secretary of State who is ultimately democratically accountable and he must take the final responsibility. I am still a little worried—and certainly much more worried by the contribution of the noble Lord, Lord Greaves, who seems to have put his own interpretation on the amendments—by proposed heading (a). I understand that the significance of the unfairness should be a contributing factor. A minor breach of fairness is obviously less serious than a major breach and I can appreciate why such a consideration could potentially make for a decision to be ignored. The legislation would be better drafted to make it clear that heading (a) is applicable only when the breach is insignificant or minor. The Government’s Amendment 29 reassures me a little. Proper transparency will help ensure sensible decision-making but I would not be surprised if my honourable colleagues in another place want to look carefully at these provisions once the Bill arrives there from your Lordships’ House. However, I do not wish to sound churlish when the great distance we have travelled on this issue has been a wonderful example of constructive debate. I thank the Minister and his department for moving so far.