Indeed.
I know that the wording of the Bill, as was pointed out, is "may have regard", but I return to the point that that opens the door to protracted legal wrangling. It is more important to make sure that the Bill is effective.
I am concerned about the wording in relation to the need for the MMO to have a strong sustainable development duty. The Government should be congratulated on implementing, in a range of bodies and organisations, a clear duty to promote sustainable development. The Bill refers to""the objective of making a contribution to the achievement of sustainable development","
which is rather weak wording. The wildlife trusts think that that should be replaced with a duty "to further sustainable development," which implies a much more proactive approach. That is worth taking into account.
Another issue raised in the debate is the important role of the infrastructure planning committee. That has an important role in major developments in our offshore waters, but I am surprised that the marine management organisation is not a statutory consultee of the IPC. That would be a simple amendment and should be considered.
The Bill removes from Natural England its decision-making power for the designation of sub-tidal parts of SSSIs, and transfers that power to the Secretary of State. I have every confidence in the present Secretary of State, but, to be consistent, Natural England should retain responsibility for the designation of SSSIs in inter-tidal zones. That needs to be re-examined.
Those points are fairly straightforward, but they are important and a range of organisations have written to right hon. and hon. Members echoing them. I am quite sure that many constituents will have contacted Members, as many have contacted me, not only to support the Bill and the Government but to ensure that we get the Bill right and address in Committee some of the points I have mentioned, many of which have already been addressed in the welcome Joint Committee that performed pre-legislative scrutiny. It was a very useful part of the process, and, although the pre-legislative process adds to the time scale, we should support it more often. It makes for better legislation and involves interested organisations, many of which have given their input, expertise and experience.
Marine and Coastal Access Bill [Lords]
Proceeding contribution from
Elliot Morley
(Labour)
in the House of Commons on Tuesday, 23 June 2009.
It occurred during Debate on bills on Marine and Coastal Access Bill [Lords].
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494 c715-6 
Session
2008-09
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