Marine and Coastal Access Bill (HL). Lords Committee stage tenth day. Clauses 200 to 286 agreed to, with clauses 206, 218, 226 to 227, 230 to 233, 242, 260 and 270 to 273 agreed to as amended. Schedules 16 to 18 agreed to.
Marine and Coastal Access Bill [HL]
Committee of the Whole House (HL)
and
Debate on bills on Monday, 30 March 2009,
in the House of Lords.
Type
Parliamentary proceeding
Reference
709 c855-917,928-52 
Session
2008-09
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Marine and Coastal Access Bill (HL). Explanatory Notes HL Bill 1-EN also published.
Thursday, 4 December 2008
Bills
House of Lords
Thursday, 4 December 2008
Bills
House of Lords
Proceeding contributions
Lord Greaves | 709 c944-6 (Link to this contribution)
I have two amendments in the group, and I added my name to the amendment moved by the noble Baroness...
Baroness Byford | 709 c946-7 (Link to this contribution)
I support the amendment in the name of the noble Baroness, Lady Mallalieu, to which I have put my na...
Show all contributions (146)
Duke of Montrose | 709 c947-8 (Link to this contribution)
I shall speak to Amendment A362AD in the name of my noble friend Lord Taylor. The wording of this am...
Lord Crickhowell | 709 c948-9 (Link to this contribution)
Having some knowledge of coast paths, I have not the smallest hesitation in supporting the amendment...
Duke of Montrose | 709 c949 (Link to this contribution)
Perhaps I may come back on this. I am glad to see that my noble friend Lord Crickhowell has grasped ...
Earl Cathcart | 709 c952 (Link to this contribution)
I fully support the noble Baroness’s amendments. She talked about horsed-riding and bicycles, as has...
Lord Davies of Oldham | 709 c952 (Link to this contribution)
I could not agree more with the noble Earl. It would destroy the whole concept of the coastal path i...
Baroness Mallalieu | 709 c942-4 (Link to this contribution)
This is the first time that I have intervened on this Bill and I apologise to the Committee for not ...
Lord Greaves | 709 c952 (Link to this contribution)
Whether or not the noble Earl is correct about what people use on bridleways, motorised vehicles hav...
Baroness Mallalieu | 709 c952 (Link to this contribution)
I thank all noble Lords who have spoken in support of the amendments. I am grateful in particular fo...
Lord Greaves | 709 c939-40 (Link to this contribution)
The Minister explained that the Government think they have the policy right, with the Tories on one ...
Lord Davies of Oldham | 709 c938-9 (Link to this contribution)
I hope that the noble Baroness appreciates that we are talking about coastal paths, not coastal high...
Baroness Byford | 709 c939 (Link to this contribution)
I accept what the noble Lord has said on the second point. However, my first point was that people h...
Baroness Byford | 709 c938 (Link to this contribution)
I was grateful when the Minister referred to Amendment A281B, which clearly referred to those, ""liv...
Lord Davies of Oldham | 709 c936-8 (Link to this contribution)
I am grateful to noble Lords, but of course the Secretary of State and Natural England must have reg...
Duke of Montrose | 709 c936 (Link to this contribution)
At the risk of boring the Committee, I was fascinated by the idea of the noble Lord, Lord Greaves, t...
Baroness Hamwee | 709 c936 (Link to this contribution)
I hope that the Minister can add some flesh to the phrase, ""have regard to the safety""
and give t...
Lord Crickhowell | 709 c935-6 (Link to this contribution)
One of the curiosities of being a Welshman debating this Bill is that the Bill is expressed almost e...
Lord Taylor of Holbeach | 709 c933-4 (Link to this contribution)
I shall speak to my Amendments A281C and A281D. Like my noble friend, I am afraid that I do not agre...
Baroness Byford | 709 c933 (Link to this contribution)
I shall speak to my Amendment A281B, which is in this group. I thank the noble Lord, Lord Greaves, f...
Lord Greaves | 709 c942 (Link to this contribution)
After the Government’s concession that the Tory Front Bench does their job better than they do, at l...
Baroness Mallalieu | 709 c942 (Link to this contribution)
Amendment A281A
A281A: Clause 287, page 174, line 46, at end insert ", and
( ) the preservation of ...
Lord Greaves | 709 c941 (Link to this contribution)
I am sorry, but I want to make this clear. That was in relation to the coastal margin land and not t...
Lord Taylor of Holbeach | 709 c941 (Link to this contribution)
I apologise if I have done so, but I seem to recollect that convenience also came in for criticism f...
Lord Davies of Oldham | 709 c942 (Link to this contribution)
At least this time I will avoid the charge from the noble Lord, Lord Greaves, that the Government ta...
Lord Greaves | 709 c940-1 (Link to this contribution)
I will speak also to Amendments A279 to A281 in the same group. I have just realised that the headin...
Lord Greaves | 709 c940 (Link to this contribution)
Amendment A278
A278: Clause 287, page 174, line 43, leave out "desirability of that route adhering"...
Lord Greaves | 709 c941 (Link to this contribution)
I am very clear that convenience is extremely important in the coastal route, and safety clearly has...
Lord Taylor of Holbeach | 709 c941 (Link to this contribution)
I do not think it will come as a surprise if I say that I find myself not in agreement with the amen...
Lord Hunt of Kings Heath | 709 c930 (Link to this contribution)
I always try my best to respond to the noble Lord. I am not going to say what I think is acceptable ...
Lord Hunt of Kings Heath | 709 c929-30 (Link to this contribution)
In one sense, this amendment probably anticipates a later group of amendments on estuaries where the...
Lord Greaves | 709 c930 (Link to this contribution)
Can I put a further question to the Minister? Does he think that the provisions in the 1949 Act that...
Lord Greaves | 709 c916 (Link to this contribution)
I hesitate to encourage the Minister to go on any longer: we are all waiting for our dinner. Can I d...
Lord Hunt of Kings Heath | 709 c917 (Link to this contribution)
I know that the next group will probably be short, but our discussions might go on longer than expec...
Lord Greenway | 709 c917 (Link to this contribution)
I am most grateful to all noble Lords who have taken part in the debate on this grouping. It has ind...
Lord Davies of Oldham | 709 c917 (Link to this contribution)
I am grateful to the noble Lord: he has struck a deal. That is all I have to say.
Lord Hunt of Kings Heath | 709 c931-2 (Link to this contribution)
Clause 286 places a duty on the Secretary of State and Natural England to secure two objectives. The...
Lord Greaves | 709 c932 (Link to this contribution)
That sounds very sensible, and I shall read what has been said. I beg leave to withdraw the amendmen...
Lord Greaves | 709 c932 (Link to this contribution)
Amendment A277
A277: Clause 287, page 174, line 42, leave out "safety and"
Lord Greaves | 709 c932-3 (Link to this contribution)
Amendment 277 is about the safety of the coastal route. We have discussed safety to some extent alre...
Lord Greaves | 709 c931 (Link to this contribution)
I have looked at Section 53 of the 1949 Act and I think that it is the Highways Authority that has t...
Lord Hunt of Kings Heath | 709 c930 (Link to this contribution)
That is a very interesting suggestion. I am not sure that Natural England has it in mind to run ferr...
Lord Hunt of Kings Heath | 709 c931 (Link to this contribution)
That is very good news. I am sure local authorities will be only too willing to consider whether the...
Lord Greaves | 709 c931 (Link to this contribution)
The purpose of this amendment and Amendment A275, with which it is grouped, is to probe the meaning ...
Lord Greaves | 709 c931 (Link to this contribution)
Amendment A274
A274: Clause 286, page 174, line 28, leave out sub-paragraph (ii)
Lord Davies of Oldham | 709 c910-3 (Link to this contribution)
I am grateful to all Members of the Committee who have spoken in a wide-ranging debate on this group...
Baroness Byford | 709 c910 (Link to this contribution)
I thank the noble Lord, Lord Greenway, for tabling the amendment. We considered it in the Joint Comm...
Lord Greaves | 709 c909-10 (Link to this contribution)
However, it points out that Natural England, which will bring all this in, disagrees with the automa...
Lord Greaves | 709 c908-9 (Link to this contribution)
My Amendment A362AE is in this group. Unlike the other amendments in this group, which have led to a...
Duke of Montrose | 709 c905-7 (Link to this contribution)
I shall speak in the name of my noble friend Lord Taylor to Amendments A362A and A362AC and support ...
Lord Geddes | 709 c903-4 (Link to this contribution)
As the noble Lord, Lord Greenway, has already said, Amendment A361, in my name, appears in this grou...
Lord Crickhowell | 709 c904-5 (Link to this contribution)
It is a very long time since I have entered into the discussions on this Bill in its extraordinarily...
Lord Greenway | 709 c902-3 (Link to this contribution)
I shall speak also to Amendment A360, which along with this amendment stands in my name and those of...
Lord Davies of Oldham | 709 c916 (Link to this contribution)
Noble Lords will appreciate that I hesitate to engage in a debate in which any noble Lord can think ...
Lord Taylor of Holbeach | 709 c916 (Link to this contribution)
I thank the noble Lord for giving way again. I was talking about caravan parks, which are different ...
Lord Davies of Oldham | 709 c914-5 (Link to this contribution)
That and related issues need to be addressed. Safety is important. As the noble Lord, Lord Greenway,...
Lord Tyler | 709 c914 (Link to this contribution)
In considering these matters, particularly in relation to Amendment A360, will the noble Lord look v...
Lord Davies of Oldham | 709 c915-6 (Link to this contribution)
The noble Lord will have listened with the same care that I did to the part of the debate which the ...
Lord Taylor of Holbeach | 709 c915 (Link to this contribution)
I do not want to protract the debate but we are dealing with some interesting subject areas. I have ...
Lord Geddes | 709 c913 (Link to this contribution)
Would the Minister be kind enough to undertake to have a discussion with his noble friend at the Dep...
Lord Davies of Oldham | 709 c913-4 (Link to this contribution)
I understand that point, of course. We have to consider the economic development of the nation and h...
Duke of Montrose | 709 c914 (Link to this contribution)
I am most grateful to the noble Lord for giving way. I take him back to what he said earlier about b...
Lord Davies of Oldham | 709 c914 (Link to this contribution)
I hear what the noble Duke says. He knows that we have no intention of ploughing arbitrarily through...
Lord Davies of Oldham | 709 c901 (Link to this contribution)
There is a phrase that strikes fear and dread into any Minister who has to give the noble Lord, Lord...
Lord Greaves | 709 c900-1 (Link to this contribution)
I hope this group will not take us long. I shall speak also to Amendments A271 and A273, which are a...
Lord Greaves | 709 c901 (Link to this contribution)
I am grateful for those replies. I think I understood the first answer, and I think that I think it ...
Lord Davies of Oldham | 709 c902 (Link to this contribution)
The noble Lord is being generous in his response to our position. I said that an order under Section...
Lord Greaves | 709 c902 (Link to this contribution)
"Relieved", he says. I think I understand his second answer, which is that the wording is there to m...
Lord Greenway | 709 c902 (Link to this contribution)
Amendment A270
A270: Clause 286, page 174, line 5, at end insert ", or
( ) not land which may be re...
Lord Greaves | 709 c902 (Link to this contribution)
On the basis that these other means are permitted but not required, I consider that to be a sensible...
Lord Taylor of Holbeach | 709 c900 (Link to this contribution)
I am reassured by the Minister’s reply. He always shows the virtue of spreading room, and an analysi...
Lord Greaves | 709 c900 (Link to this contribution)
Amendment A268
A268: Clause 286, page 173, line 28, leave out from "otherwise" to end of line 29
Lord Hunt of Kings Heath | 709 c859-61 (Link to this contribution)
Behind these amendments is a clear concern about the training of officers involved in enforcement du...
Lord Greenway | 709 c861-2 (Link to this contribution)
I am most grateful to the Minister for his full explanation in response to my amendments. First, I a...
Lord Hunt of Kings Heath | 709 c862 (Link to this contribution)
In the case that the noble Lord has instanced, there should be no question that the information that...
Lord Greenway | 709 c862 (Link to this contribution)
I am grateful to the Minister, and in that case I am happy to withdraw Amendment A254.
Amendment A2...
Lord Greenway | 709 c858 (Link to this contribution)
Amendment A254
A254: Clause 225, page 132, line 12, after "officer" insert "solely employed"
Lord Greenway | 709 c858-9 (Link to this contribution)
I shall speak also to Amendments A259 and A262. Part 8 of the Bill deals with enforcement, and Claus...
Earl Cathcart | 709 c859 (Link to this contribution)
The noble Lord’s Amendment A254 seems sensible. It would ensure that agencies employed their own sta...
Lord Hunt of Kings Heath | 709 c862-4 (Link to this contribution)
With this amendment, I shall speak to a number of other government amendments that relate to recent ...
Lord Hunt of Kings Heath | 709 c862 (Link to this contribution)
Clause 226: Enforcement of marine licensing regime
Amendment A254A
A254A: Clause 226, page 133, li...
Baroness Carnegy of Lour | 709 c864-5 (Link to this contribution)
When I looked at these amendments, I could not believe my eyes. So many complications have emerged a...
Lord Hunt of Kings Heath | 709 c855 (Link to this contribution)
Amendment A247A not moved.
Clauses 200 to 205 agreed.
Clause 206: Roe etc
Amendment A248
A248: C...
Duke of Montrose | 709 c856 (Link to this contribution)
Clause 209: Authorisation to fish
Amendment A250 had been withdrawn from the Marshalled List.
Amen...
Lord Hunt of Kings Heath | 709 c857-8 (Link to this contribution)
Clause 218: Theft of fish from private fisheries etc
Amendment A251
A251: Clause 218, page 128, li...
Duke of Montrose | 709 c857 (Link to this contribution)
I thank the Minister for giving us so much information. In the confusion at the beginning, I forgot ...
Lord Hunt of Kings Heath | 709 c856-7 (Link to this contribution)
I am grateful to the noble Duke, who has moved a probing amendment. We are introducing an authorisat...
Duke of Montrose | 709 c856 (Link to this contribution)
I move this amendment in the name of my noble friend Lord Taylor of Holbeach. I shall be brief, as t...
Baroness Gibson of Market Rasen | 709 c872-3 (Link to this contribution)
I shall speak also to Amendment A264. My noble friend Lord Rosser referred in passing to this amendm...
Lord Hunt of Kings Heath | 709 c869 (Link to this contribution)
Clause 232: Marine licensing: enforcement in Scottish offshore region
Amendments A254AJ to A254AM
...
Lord Hunt of Kings Heath | 709 c871 (Link to this contribution)
Clause 270: Release of vessels detained under section 269
Amendments A259C and A259D
A259C: Clause...
Lord Hunt of Kings Heath | 709 c870 (Link to this contribution)
Clause 260: Procedure in relation to seizure under section 258 or 259
Amendments A259A and A259B
A...
Lord Hunt of Kings Heath | 709 c870 (Link to this contribution)
Clause 242: Powers of seizure, etc
Amendments A255A and A255B
A255A: Clause 242, page 148, line 24...
Baroness Gibson of Market Rasen | 709 c872 (Link to this contribution)
Clause 281: Liability of enforcement officers etc
Amendment A263
A263: Clause 281, page 168, line ...
Lord Hunt of Kings Heath | 709 c871 (Link to this contribution)
Clause 273: Power of court to order repayment of bonds
Amendment A259G
A259G: Clause 273, page 164...
Lord Hunt of Kings Heath | 709 c871 (Link to this contribution)
Clause 272: Bonds for release of vessels
Amendment A259F
A259F: Clause 272, page 164, line 20, aft...
Lord Hunt of Kings Heath | 709 c871 (Link to this contribution)
Clause 271: Power of court to order release of vessels
Amendment A259E
A259E: Clause 271, page 163...
Lord Hunt of Kings Heath | 709 c868 (Link to this contribution)
Clause 230: Marine licensing: oil and gas, etc
Amendments A254V to A254Z
A254V: Clause 230, page 1...
Lord Hunt of Kings Heath | 709 c868 (Link to this contribution)
Clause 231: Marine licensing: Northern Ireland
Amendments A254AA to A254AH
A254AA: Clause 231, pag...
Earl Cathcart | 709 c865 (Link to this contribution)
If I speak first, the Minister can answer both of us at the same time. There are a great many govern...
Baroness Byford | 709 c866 (Link to this contribution)
Further to that response, which I am grateful to the noble Lord for having set out clearly, is the i...
Lord Hunt of Kings Heath | 709 c865-6 (Link to this contribution)
The noble Baroness is absolutely right, and has made this point a number of times in our earlier dis...
Lord Hunt of Kings Heath | 709 c866-7 (Link to this contribution)
I am certainly not going to fall for promising a massive budget, particularly in this rather critica...
Lord Bridges | 709 c866 (Link to this contribution)
If I may be so bold as to refer to an earlier stage in our discussions, this debate makes evident th...
Lord Hunt of Kings Heath | 709 c867-8 (Link to this contribution)
Clause 227: Enforcement of nature conservation legislation
Amendments A254K to A254U
A254K: Clause...
Lord Hunt of Kings Heath | 709 c867 (Link to this contribution)
Amendments A254B to A254J
A254B: Clause 226, page 133, line 9, at end insert—
"( ) in Scotland or t...
Lord Greaves | 709 c888 (Link to this contribution)
I thank the Minister for his comments on my amendments. I shall read them with interest. Basically, ...
Lord Hunt of Kings Heath | 709 c888 (Link to this contribution)
I hope that the noble Lord is not going to press me too far on this. I would like to see whether I c...
Lord Tyler | 709 c887-8 (Link to this contribution)
I am grateful to the noble Lord for giving way. On the amendment, which is in my name and that of my...
Lord Hunt of Kings Heath | 709 c890-1 (Link to this contribution)
I am grateful. Perhaps I may answer one or two factual points. On the question of the Section 3A ord...
Lord Hunt of Kings Heath | 709 c890 (Link to this contribution)
Can I go away and try to find that information? The information that I have is the information that ...
Baroness Byford | 709 c889 (Link to this contribution)
I am grateful to all noble Lords who have spoken in this debate. It is worth setting it in the conte...
Lord Greaves | 709 c889 (Link to this contribution)
That is why the Government are wrong to resist my amendment. Any Government who are confident that t...
Lord Hunt of Kings Heath | 709 c889 (Link to this contribution)
Such is my confidence that that will not happen that I do not specify 10 years on the face of legisl...
Baroness Gibson of Market Rasen | 709 c874 (Link to this contribution)
I thank my noble friend for that helpful and full reply. With his assurances, particularly the offer...
Lord Hunt of Kings Heath | 709 c873-4 (Link to this contribution)
I am grateful to my noble friend for raising this matter. She is right: we discussed this in an earl...
Lord Hunt of Kings Heath | 709 c881-6 (Link to this contribution)
This has been a welcome introduction to Part 9. I welcome the way in which the noble Baroness, Lady ...
Baroness Carnegy of Lour | 709 c881 (Link to this contribution)
I do not think that I need to declare an interest in that my involvement in the countryside is in a ...
Lord Hunt of Kings Heath | 709 c886-7 (Link to this contribution)
I will deal first with the question of money spent on the coastal access path. The costs are estimat...
Lord Taylor of Holbeach | 709 c886 (Link to this contribution)
I thank the Minister for giving way. He knows of my interest in the integration of the coastal path ...
Baroness Byford | 709 c875-7 (Link to this contribution)
We now move on to the last part of this Bill, which looks at coastal access. I hope that I am right ...
Baroness Byford | 709 c874 (Link to this contribution)
Amendment A265A
A265A: Clause 286, page 173, line 19, leave out "the whole" and insert "85 per cent...
Lord Taylor of Holbeach | 709 c879-81 (Link to this contribution)
I must apologise to the noble Lord, Lord Greaves. So keen was I to join the debate on this new part ...
Lord Greaves | 709 c877-9 (Link to this contribution)
We have four amendments in this group, to which I shall speak briefly in due course. I do not blame ...
Lord Taylor of Holbeach | 709 c891-2 (Link to this contribution)
I shall move Amendment A267D and speak to the cluster of our amendments in the group addressing the ...
Lord Greaves | 709 c892-4 (Link to this contribution)
I have two amendments in this group, which I will come to in a minute. I noticed that, in our discus...
Lord Cameron of Dillington | 709 c894-5 (Link to this contribution)
As this is my first intervention on this Bill, I declare an interest as a farmer and landowner, and ...
Lord Tyler | 709 c895-6 (Link to this contribution)
I should like to extend what the noble Lord, Lord Cameron, has just said about Amendment A350A. I ha...
Lord Davies of Oldham | 709 c896-900 (Link to this contribution)
I am grateful to all Members of the Committee who have spoken to this interesting group of amendment...
Lord Greaves | 709 c900 (Link to this contribution)
On my two amendments about cliff faces the Minister said two things: first, that the Government want...
Baroness Byford | 709 c891 (Link to this contribution)
Do I gather from the Minister that it sets out its vision rather than practicalities at that stage?
Lord Hunt of Kings Heath | 709 c891 (Link to this contribution)
It will be informed by the practical work that it has undertaken in the first three years.
Baroness Byford | 709 c891 (Link to this contribution)
We have had a long debate. At this stage, I will read Hansard carefully tomorrow. I again thank thos...
Lord Taylor of Holbeach | 709 c891 (Link to this contribution)
Amendment A267D
A267D: Clause 286, page 173, line 26, leave out "along the length of the English co...
Lord Davies of Oldham | 709 c949-51 (Link to this contribution)
I am grateful to all noble Lords who have spoken in this debate. Having been accused of some interes...
Lord Taylor of Holbeach | 709 c941 (Link to this contribution)
I accept the noble Lord’s explanation and acknowledge that I may have been confused by his rhetoric....
Lord Greaves | 709 c928-9 (Link to this contribution)
Amendment A272 concerns ferries. Clause 286(7) states: ""For the purposes of the coastal access duty...
Lord Greaves | 709 c928 (Link to this contribution)
Amendment A272
A272: Clause 286, page 174, line 12, leave out ", or during certain periods," and in...
Baroness Wilcox | 709 c907-8 (Link to this contribution)
I support A361 in the name of my noble friend Lord Geddes. It was supported very well by my noble fr...
Lord Hunt of Kings Heath | 709 c869 (Link to this contribution)
Clause 233: Enforcement of MCZs in Scottish offshore region
Amendments A254AN to A254AQ
A254AN: Cl...
Lord Hunt of Kings Heath | 709 c889 (Link to this contribution)
I hope I can reassure the noble Lord. Clearly, there will need to be flexibility. I think that I hav...
Lord Greaves | 709 c930 (Link to this contribution)
As the Minister said, we are getting on to estuaries, but I would rather leave the detail and the pr...
Baroness Byford | 709 c890 (Link to this contribution)
That would be very helpful. The Minister also spoke of a review within three years, which I read abo...
Lord Greaves | 709 c931 (Link to this contribution)
I was simply wondering whether what I had read in the legislation was possible and would happen. But...
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