Marine and Coastal Access Bill [Lords]

I accept that. There is a different approach, but the Bill includes framework powers to enable the Assembly to follow an approach similar to that in England. I note that ramblers in England are concerned that recreational users of coastal land might not have adequate input into the development of the English coastal path. I hope that that proves not to be the case. I turn to what is in many ways the heart of the Bill: its measures for protecting the marine environment. For far too long, the marine environment has played second fiddle to the terrestrial environment, because we do not come into regular contact with so much of its flora and fauna. Furthermore, we do not see the damage that human activity sometimes inflicts under the sea, and its knock-on consequences; too often, out of sight has meant out of mind. The Bill changes that, most importantly through the creation of marine conservation zones to enable the protection of rare, valued or representative marine species and habitats and through a means to enforce that protection. However, like other Members, I have been impressed by the powerful case for strengthening this part of the Bill put forward by a range of environmental organisations. First, it would help only if there were a duty to designate an ecologically coherent network of marine conservation zones, with recognition of the need for connectivity between them. Secondly, before hearing the Secretary of State, I believed that there was a strong case for marine conservation zones to include designated, highly protected sites where extraction or other damaging activities would be completely outlawed. I was reassured to hear the Secretary of State say that that will happen under the Bill as it is. Thirdly, like the non-governmental organisations and my right hon. Friend the Member for Scunthorpe (Mr. Morley), I am worried that allowing economic and social consequences to be considered when designating sites might provide a let-out clause to prevent us from establishing marine conservation zones where they are most needed. Surely the environmental importance of the site should be decisive in deciding whether it is designated. Of course, social and economic issues should be an important factor in decisions further down the line about the management of the zone, but they should not, I suggest, be a factor in the designation decision. Fourthly, I support the call for the offence of damaging the marine conservation zone to be expanded in two ways. At present, the offence is limited to intentional damage, but reckless damage should be added. That would have the benefit of deterring recklessness at such valuable marine locations and overcome the problem of proving intent. Disturbance of sites should also be an offence. That is especially important for the adequate protection of marine mammals and sea birds, which are particularly vulnerable to disturbance. Finally, I am attracted to the suggestion from the Countryside Council of Wales, among others, that public bodies should be required to notify Ministers when they are minded to consent to potentially damaging activity on public interest grounds. Furthermore, Ministers should have a call-in power for decisions in relation to activities that may impact on a marine conservation zone.