Marine and Coastal Access Bill [HL]

My Lords, the House will recall that in Part 6 of the Bill we replace the sea fisheries committees with inshore fisheries and conservation authorities in England. These will have a duty to manage sea fisheries sustainably, balancing socio-economic benefits with protection of the marine environment. They will have more money, strength and powers while retaining local involvement in decision-making. We debated the Bill in Committee—noble Lords will instantly remember the date—on 16 March and tabled amendments in Committee and on Report to make improvements to the provisions in various respects, including in relation to sustainable development and IFCA membership. On 16 March, we debated the relationship between IFCAs and the Environment Agency, a key issue also considered by the Joint Committee, which was chaired by the noble Lord, Lord Greenway, who I am delighted to see in his place as we reach the latter stages of the Bill. I set out that the Bill provides for IFCAs to lead on marine species management in the inshore area, including in estuaries, while the Environment Agency would lead on protection for salmon, trout, other migratory species and freshwater fish in estuaries and as far out as the six nautical mile limit. During discussion in the other place on 7 July, a number of members raised concerns that the Bill did not provide sufficient flexibility to ensure fully joined-up inshore fisheries management, particularly in estuaries. There was strong pressure for us to amend the Bill so that IFCA functions could be delegated to the Environment Agency in particular, so that marine fisheries in estuaries could be managed in the most joined-up way possible. A number of honourable Members representing a range of constituencies expressed support for that greater flexibility. That was a considerable pressure to which the Government were concerned to respond, which is why we have tabled the amendments. They provide the option for IFCA functions to be delegated to the Environment Agency and neighbouring IFCAs. An order-making power was also provided to add to the list of eligible bodies so as to enable delegation to be made to other named public bodies. Bodies can also be removed from the list. The Bill already provides for MMO functions to be delegated to relevant bodies, including IFCAs, and our amendments provide a very similar model of delegation for IFCA functions. Key elements of the amendments are that delegation of functions can occur from an IFCA to an eligible body in relation to any specified areas of an IFC district; and any delegation would require the Secretary of State's approval, and could only be carried out where there is agreement between the IFCA and the relevant body. Eligible bodies include any neighbouring IFCA and the Environment Agency. The Secretary of State could also, by order, add additional eligible public bodies that have a purpose or function connected with the inshore marine area.