Marine and Coastal Access Bill [HL]

My Lords, speaking as one of the lame ducks in this House who could be removed at a stroke if the Government came forward with a new alignment for this Chamber, it is nice to get a pat on the back from the Minister for what we have been able to achieve. The government amendment is to Clause 141, which governs exceptions to offences. It currently contains the defence for sea fishing, but in future that will be governed by this amendment. I was intrigued to see that Clause 66 is lifted almost bodily from Section 5 of the Food and Environment Protection Act 1985—although, in describing the types of vessels that might be used at sea, it rather quaintly omits hovercraft, but perhaps they are not marine vessels. Part of the purpose when the 1985 Act was passed was that there would be a statutory instrument excepting a large number of fairly common occurrences that happen when a ship is at sea from the need for a licence. The statutory instrument that was passed includes, in Schedules 7 and 8, the deposit of fishing gear, whether fixed or not, and the deposit of fish or shellfish or parts thereof in the course of a fishing operation. This has the benefit, among other things, of giving specific permission not just for fishing tackle but for bait, which is a most necessary part of fishing. Chapter 2 of the Bill describes an array of exemptions for major activities, but will the Minister say whether the Government will need another statutory instrument with another set of exceptions, such as those in the previous SI that enabled the prosecution of fishing, to accompany this Bill? There is a fear that its early application will be highly detrimental to fishing, which a number of people regard as a traditional right. I was most intrigued to hear the Minister describe the role of the amendment in changing the common fisheries policy. If the current common fisheries policy prevents the removal of the fisheries defence, is there any guarantee that a new common fisheries policy will allow us to remove the sea fishing defence on that date? Is this part of the Government’s approach and measures to reform the common fisheries policy?