Marine and Coastal Access Bill [HL]

My Lords, I shall speak also to Amendments 18, 19, 21 to 26 and 28. Amendment 1 to Clause 7 was agreed in the other place to ensure that references to the Marine Management Organisation in regulations made under Section 4(B) of the Sea Fish (Conservation) Act 1967 are linked to the exercise of the MMO’s functions, rather than to geographical area. Amendment 2 to Clause 21(4) ensures that Schedule 15 to the Deregulation and Contracting Out Act 1994, which concerns restrictions on the disclosure of information, applies to a body exercising functions on behalf of the MMO. Amendments 21 and 22 are necessary consequential amendments that we missed in the earlier drafting and correct the definition of the gas importation and storage zone in Section 35 of the Energy Act 2008, which has been invalidated by the amendment made to Section 1(5) of the Energy Act by paragraph 5 of Schedule 4 to the Bill. Amendment 23 to Schedule 4 was agreed in the other place to remove provisions amending the British Fishery Limits Act 1976 to take account of the creation of the Welsh zone. These provisions are no longer necessary as the required changes will be achieved by the transfer of functions order which is to be made under Clause 43 transferring fisheries functions in the Welsh zone to Welsh Ministers. As we turn to the amendments to Part 3 made in the other place—Amendments 3, 18, 19 and 24—I take this opportunity to tell the House of recent developments on the subject of planning in the Scottish and English border areas, which is not an unimportant issue. I note that the noble Duke, the Duke of Montrose, is nodding assent. The House will recall that we debated how planning would operate in the Solway Firth. I am pleased to tell your Lordships that the Minister for the Natural and Marine Environment and the Scottish Cabinet Secretary for Rural Affairs have agreed a joint statement on marine planning in the areas bordering England and Scotland. This statement makes clear our commitment to build on cross- border collaboration already in place to enable a joined-up planning process across the borders. A copy of this statement will be placed in the House Library. Amendment 24 to Schedule 5 is a missed consequential amendment on the changes made to Schedule 5 at the Bill’s Report stage in this House. It clarifies that the timetable set out by the policy authorities in the statement of public participation for the preparation of the marine policy statement must include time for carrying out the appraisal of sustainability. Amendment 3 is also consequential on changes made to the Bill in this House, which added a subsection to place a duty on a marine plan authority to seek to ensure that a marine plan or marine plans are prepared for the whole of the marine planning region where an MPS governs marine planning for that region. However, some adjustment to the drafting was required to ensure that the provision would work as intended by this House. Amendments 18 and 19 were made in the other place to provide for early commencement of certain provisions in Part 3 referring to marine planning. These provisions relate to the preparation and publication of a statement of public participation for the involvement of interested persons in development of the marine policy statement and will enable the Government to make early progress following Royal Assent. Amendment 25 concerns an issue involving Schedule 13, which includes a power for the Secretary of State to call in the notification of a site of special scientific interest, which includes land lying below mean low-water mark. Concerns were raised in another place that there was a risk resulting from this provision of building unintended consequences into a system that already works well. Briefly, Section 28 of the Wildlife and Countryside Act 1981 provides that the notification lapses after nine months unless it has been withdrawn or confirmed by Natural England. It was not clear in the Bill’s original drafting whether this deadline also applied to notifications that had been called in by the Secretary of State. Amendment 25 therefore makes it clear that the deadline will be disapplied in any case where the Secretary of State has used his power of direction to call in a notification. Finally, Amendments 26 and 28 were agreed in the other place to correct an omission from our original list of salmon and freshwater fisheries legislation to be repealed. The amendments repeal Section 22 of the Salmon and Freshwater Fisheries Act 1975, as this is now redundant. Section 22 has also become redundant as a tool in the Environment Agency’s fight against poaching and the subsequent sale of illegally caught fish. The agency has already been given more flexible powers in the Salmon Act 1986 which apply throughout the year and, following amendments we have made in this Bill, will extend to the sale of eels, lamprey, smelt and freshwater fish in addition to salmon and sea trout. The amendments are largely technical and consequential, although one or two required a degree of explanation. I commend them to the House and beg to move.