Marine and Coastal Access Bill (HL). Lords report stage third day.
Marine and Coastal Access Bill [HL]
Type
Parliamentary proceeding
Reference
710 c1312-60 
Session
2008-09
Legislative stage
Report stage
Chamber / Committee
House of Lords chamber
Marine and Coastal Access Bill. As amended in Committee.
Tuesday, 21 April 2009
Bills
House of Lords
Tuesday, 21 April 2009
Bills
House of Lords
Proceeding contributions
Baroness Hamwee | 710 c1313 (Link to this contribution)
My Lords, in the absence of my noble friend Lord Greaves, who is unwell today, I am afraid that I wi...
Lord Taylor of Holbeach | 710 c1313 (Link to this contribution)
My Lords, I have a very brief speaking note but a rather important message, which is to congratulate...
Show all contributions (116)
Lord Hunt of Kings Heath | 710 c1313 (Link to this contribution)
My Lords, I have listened carefully to concerns raised in Committee on this matter. I know that nobl...
Lord Hunt of Kings Heath | 710 c1312 (Link to this contribution)
Clause 116: Consultation before designation
Amendment 113ZB
113ZB: Clause 116, page 71, line 4, at...
Lord Hunt of Kings Heath | 710 c1323-4 (Link to this contribution)
Amendments 114A and 114B
114A: Clause 119, page 72, line 8, at end insert—
"( ) For the purposes of...
Lord Taylor of Holbeach | 710 c1323 (Link to this contribution)
My Lords, it would be churlish not to acknowledge the Minister’s response to the amendment and the g...
Lord Davies of Oldham | 710 c1324-5 (Link to this contribution)
My Lords, Amendments 114C to 114F address a significant burden that the Bill as drafted places on pu...
Lord Davies of Oldham | 710 c1324 (Link to this contribution)
Clause 121: General duties of public authorities in relation to MCZs
Amendment 114C
114C: Clause 1...
Lord Hunt of Kings Heath | 710 c1320-1 (Link to this contribution)
My Lords, we have had three short contributions, so one cannot be in any doubt about the importance ...
Lord Hunt of Kings Heath | 710 c1321-3 (Link to this contribution)
My Lords, that is a fair intervention. I hope that I can satisfy the noble Lord on that point, but I...
Lord Wallace of Tankerness | 710 c1321 (Link to this contribution)
My Lords, I can readily understand the point that the Minister is making about a phrase that will no...
Lord Greenway | 710 c1325 (Link to this contribution)
My Lords, I welcome what the Minister has said regarding the work of Trinity House. I must declare a...
Lord Davies of Oldham | 710 c1325 (Link to this contribution)
My Lords, I am grateful for those supportive remarks. I shall merely add that I hope other public au...
Lord Davies of Oldham | 710 c1325-6 (Link to this contribution)
Amendments 114D to 114F
114D: Clause 121, page 73, line 34, at end insert—
"(3A) Subject to subsect...
Lord Davies of Oldham | 710 c1327 (Link to this contribution)
My Lords, that is exactly the point. We want to consider this further. This is an important amendmen...
Lord Williams of Elvel | 710 c1327 (Link to this contribution)
My Lords, before the noble Lord, Lord Greenway, withdraws his amendment, did I understand my noble f...
Lord Greenway | 710 c1327 (Link to this contribution)
My Lords, I am most grateful to the Minister. One further thought has come to me courtesy of the nob...
Lord Davies of Oldham | 710 c1327 (Link to this contribution)
My Lords, I am grateful to the noble Lord. I note that he has powerful friends since he has been sup...
Baroness Hamwee | 710 c1327 (Link to this contribution)
My Lords, I support the amendment as well, but two things about it occur to me. The first is the pot...
Earl Cathcart | 710 c1326-7 (Link to this contribution)
My Lords, I have a great deal of sympathy with the noble Lord’s amendment. Given the encouraging rec...
Lord Greenway | 710 c1326 (Link to this contribution)
My Lords, we come back to by-laws governing the restriction of vessels from entering MCZs. Under the...
Lord Greenway | 710 c1326 (Link to this contribution)
Clause 125: Byelaws for protection of MCZs in England
Amendment 114FA
114FA: Clause 125, page 76, ...
Lord Greenway | 710 c1327 (Link to this contribution)
My Lords, I am most grateful to the Minister and I beg leave to withdraw the amendment.
Amendment 1...
Lord Hunt of Kings Heath | 710 c1328 (Link to this contribution)
Clause 126: Byelaws: procedure
Amendments 114G to 114J
114G: Clause 126, page 77, line 15, leave o...
Lord Hunt of Kings Heath | 710 c1313 (Link to this contribution)
My Lords, you never know what will happen after this Bill. I thank the noble Baroness and the noble ...
Lord Davies of Oldham | 710 c1314 (Link to this contribution)
Amendment 113ZD
113ZD: After Clause 116, insert the following new Clause—
"Publication of orders de...
Lord Hunt of Kings Heath | 710 c1313 (Link to this contribution)
Amendment 113ZC
113ZC: Clause 116, page 71, line 12, at end insert "(and subsection (9A) applies ac...
Lord Taylor of Holbeach | 710 c1315 (Link to this contribution)
My Lords, once again, I thank the Minister for listening with such attention to our concerns in Comm...
Lord Livsey of Talgarth | 710 c1315 (Link to this contribution)
My Lords, I particularly welcome what the Minister said about the instructions to Welsh Ministers in...
Lord Davies of Oldham | 710 c1315 (Link to this contribution)
My Lords, I am grateful to both noble Lords for their support for these amendments.
Amendment 113ZD...
Lord Hunt of Kings Heath | 710 c1315 (Link to this contribution)
Clause 119: Creation of network of conservation sites
Amendment 113A
113A: Clause 119, page 71, li...
Lord Hunt of Kings Heath | 710 c1315-7 (Link to this contribution)
My Lords, we spent some time in Committee debating the Government’s commitment to an ecologically co...
Lord Taylor of Holbeach | 710 c1317 (Link to this contribution)
My Lords, I thank the Minister once more for bringing back amendments that clear up some of the more...
Lord Eden of Winton | 710 c1317 (Link to this contribution)
My Lords, I add my voice of thanks and appreciation to the Minister for the way in which he has carr...
Lord Wallace of Tankerness | 710 c1317 (Link to this contribution)
My Lords, I, too, welcome these amendments. They underline the Government’s commitment, already indi...
Lord Hunt of Kings Heath | 710 c1319 (Link to this contribution)
Amendment 113B
113B: Clause 119, page 71, line 39, leave out "European marine sites that have been ...
Lord Hunt of Kings Heath | 710 c1318-9 (Link to this contribution)
My Lords, I am most grateful to noble Lords for their general welcome of the amendments, which, as I...
Lord Livsey of Talgarth | 710 c1318 (Link to this contribution)
My Lords, it is clear that the Minister listened hard to our debates on these issues in Committee. I...
Lord Bridges | 710 c1317-8 (Link to this contribution)
My Lords, I spoke previously on a matter of particular interest to me that seems relevant in this co...
Lord Livsey of Talgarth | 710 c1320 (Link to this contribution)
My Lords, I certainly support the amendment. I know that my noble friend Lady Miller of Chilthorne D...
Lord Greenway | 710 c1320 (Link to this contribution)
My Lords, I, too, support this amendment most warmly, which was one of the recommendations of the Jo...
Lord Taylor of Holbeach | 710 c1319 (Link to this contribution)
Amendment 114
114: Clause 119, page 71, line 40, leave out "a" and insert "an ecologically coherent...
Lord Taylor of Holbeach | 710 c1319-20 (Link to this contribution)
My Lords, we come finally to an amendment that we consider to be one of the most important for this ...
Lord Davies of Oldham | 710 c1334 (Link to this contribution)
Amendment 120B
120B: Clause 143, page 87, line 23, at end insert—
""marine installation" means any ...
Lord Wallace of Tankerness | 710 c1334 (Link to this contribution)
Clause 149: Management of inshore fisheries
Amendment 120C
120C: Clause 149, page 91, line 19, at ...
Lord Taylor of Holbeach | 710 c1335 (Link to this contribution)
My Lords, my amendments in this group do not follow the same line as that of the noble Lord, Lord Wa...
Lord Hunt of Kings Heath | 710 c1335-8 (Link to this contribution)
My Lords, I apologise to the noble Lord, Lord Kingsland; I looked pained as I had hoped that the ame...
Lord Wallace of Tankerness | 710 c1334 (Link to this contribution)
My Lords, noble Lords will remember that we had a number of debates in Committee on the establishmen...
Lord Kingsland | 710 c1334-5 (Link to this contribution)
My Lords, I have an amendment in this group which broadly endorses what the noble Lord, Lord Wallace...
Lord Kingsland | 710 c1339 (Link to this contribution)
My Lords, I apologise to the Minister for misinterpreting the expression on his face when I spoke on...
Lord Wallace of Tankerness | 710 c1338-9 (Link to this contribution)
My Lords, I am very grateful to the Minister for that very constructive reply to my amendment and, i...
Lord Kingsland | 710 c1339 (Link to this contribution)
Amendment 121
121: Clause 149, page 91, line 23, after "exploitation," insert "in a way which is co...
Lord Taylor of Holbeach | 710 c1331 (Link to this contribution)
My Lords, I am grateful for the support that Amendment 115 has received.
Amendment 115 agreed.
Ame...
Lord Hunt of Kings Heath | 710 c1331 (Link to this contribution)
Amendment 116A
116A: Clause 136, page 83, line 24, leave out "collects," and insert "or collects, o...
Lord Davies of Oldham | 710 c1332 (Link to this contribution)
Amendment 118C
118C: Clause 137, page 84, line 12, at end insert—
"( ) Subsection (1)(e) does not a...
Lord Davies of Oldham | 710 c1333 (Link to this contribution)
Clause 143: Interpretation of this Chapter
Amendment 120A
120A: Clause 143, page 87, line 7, at en...
Lord Davies of Oldham | 710 c1333 (Link to this contribution)
My Lords, this is a minor amendment. Following debate in Committee, we suggested that the definition...
Lord Livsey of Talgarth | 710 c1333 (Link to this contribution)
My Lords, I am sure that the noble Baroness, Lady Miller, will be grateful for the recognition that ...
Lord Taylor of Holbeach | 710 c1331 (Link to this contribution)
Amendments 117 and 118
117: Clause 136, page 83, line 26, after "intentionally" insert "or reckless...
Lord Hunt of Kings Heath | 710 c1331 (Link to this contribution)
Amendment 118A
118A: Clause 136, page 83, line 29, at end insert—
"( ) For the purposes of determin...
Lord Davies of Oldham | 710 c1332 (Link to this contribution)
Clause 137: Exceptions to offences under section 135 or 136
Amendment 118B
118B: Clause 137, page ...
Lord Davies of Oldham | 710 c1332 (Link to this contribution)
My Lords, this amendment and the others in this group address a significant inconsistency in the Bil...
Lord Hunt of Kings Heath | 710 c1331 (Link to this contribution)
My Lords, I remember the noble Lord making that point in Committee. He has raised an entirely sensib...
Lord Hunt of Kings Heath | 710 c1328 (Link to this contribution)
Clause 129: Further provisions as to byelaws
Amendments 114K to 114M
114K: Clause 129, page 79, li...
Lord Hunt of Kings Heath | 710 c1329-30 (Link to this contribution)
My Lords, we had a lively debate on this matter in Committee, when the case for widening the scope o...
Lord Greenway | 710 c1330-1 (Link to this contribution)
My Lords, this creates a slight problem. The Minister said that the area would be marked on a chart ...
Lord Wallace of Tankerness | 710 c1329 (Link to this contribution)
My Lords, no Liberal Democrat Peer’s name appears on this amendment. However, it makes sense to take...
Lord Livsey of Talgarth | 710 c1329 (Link to this contribution)
My Lords, Amendment 118A contains an extremely useful provision. It states that, ""it is immaterial ...
Lord Taylor of Holbeach | 710 c1329 (Link to this contribution)
Clause 136: Offence of damaging etc protected features of MCZs
Amendment 115
115: Clause 136, page...
Lord Taylor of Holbeach | 710 c1329 (Link to this contribution)
My Lords, Amendment 115 is grouped with Amendment 116, which I will not press. I tabled these amendm...
Lord Hunt of Kings Heath | 710 c1328 (Link to this contribution)
Clause 131: Consultation etc regarding orders under section 130
Amendments 114N and 114P
114N: Cla...
Lord Hunt of Kings Heath | 710 c1329 (Link to this contribution)
Clause 133: Further provision as to orders made under section 130 or 132
Amendment 114Q
114Q: Clau...
Lord Hunt of Kings Heath | 710 c1341 (Link to this contribution)
My Lords, I thank the noble Earl and the noble Lord for their support for the amendment. The noble L...
Lord Livsey of Talgarth | 710 c1341 (Link to this contribution)
Amendment 121B
121B: After Clause 180, insert the following new Clause—
"Duties of Welsh Ministers ...
Lord Livsey of Talgarth | 710 c1341-2 (Link to this contribution)
My Lords, I am very pleased to put forward this amendment, which incorporates the duties of Welsh Mi...
Duke of Montrose | 710 c1342 (Link to this contribution)
My Lords, once again we return to the question of whether devolved legislatures and Executives share...
Lord Hunt of Kings Heath | 710 c1339 (Link to this contribution)
Amendment 121A
121A: Clause 149, page 92, line 4, after ""salmon"" insert ", "smelt""
Lord Hunt of Kings Heath | 710 c1339-40 (Link to this contribution)
My Lords, I am introducing government Amendments 121A, 122A, 122B, 122C, 122D, 122E, 122F, 126C and ...
Earl Cathcart | 710 c1340 (Link to this contribution)
My Lords, I thank the Minister for tabling these amendments to ensure that smelt are properly covere...
Lord Livsey of Talgarth | 710 c1340-1 (Link to this contribution)
My Lords, I welcome this amendment and those associated with it. I suppose we could say that one is ...
Lord Davies of Oldham | 710 c1342-4 (Link to this contribution)
My Lords, I shall speak to this amendment and the government amendments in the group, which are rela...
Lord Taylor of Holbeach | 710 c1339 (Link to this contribution)
Amendments 121ZA to 121ZC
121ZA: Clause 149, page 91, line 23, at end insert—
"( ) take any other s...
Lord Livsey of Talgarth | 710 c1344 (Link to this contribution)
My Lords, I thank the Minister for that substantial statement, which has clarified several issues—in...
Lord Davies of Oldham | 710 c1344 (Link to this contribution)
Clause 184: Coast protection boards in Wales
Amendments 121C and 121D
121C: Clause 184, page 107, ...
Lord Taylor of Holbeach | 710 c1345-6 (Link to this contribution)
My Lords, this amendment was previously tabled in Committee. The Minister gave us many assurances th...
Lord Taylor of Holbeach | 710 c1344 (Link to this contribution)
Clause 186: Regulation of nets and other fishing gear
Amendment 122
122: Clause 186, page 108, lin...
Lord Wallace of Tankerness | 710 c1346-7 (Link to this contribution)
My Lords, I note the terms of the noble Lord’s amendment, but I had some engagement with the fishing...
Baroness Wilcox | 710 c1346 (Link to this contribution)
My Lords, I support the amendment in the name of my noble friend Lord Taylor of Holbeach. As your Lo...
Lord Taylor of Holbeach | 710 c1350 (Link to this contribution)
My Lords, I thank the Minister for that response, which contained some encouragement. Certainly ther...
Lord Hunt of Kings Heath | 710 c1347-50 (Link to this contribution)
My Lords, I am very glad to respond to this debate. I agree with the noble Lord, Lord Wallace, that ...
Baroness Miller of Chilthorne Domer | 710 c1350-1 (Link to this contribution)
My Lords, this amendment returns us to an issue that we discussed in great detail in Committee: how ...
Baroness Miller of Chilthorne Domer | 710 c1350 (Link to this contribution)
Clause 193: Power to make orders as to fisheries for shellfish
Amendment 122ZA
122ZA: Clause 193, ...
Lord Hunt of Kings Heath | 710 c1352-4 (Link to this contribution)
My Lords, where does fear of the Treasury come from? We always regard the Treasury as our good frien...
Baroness Miller of Chilthorne Domer | 710 c1354 (Link to this contribution)
My Lords, perhaps I may wish the Minister a happy birthday and thank him warmly for that reply. Give...
Baroness Wilcox | 710 c1351-2 (Link to this contribution)
My Lords, I support the amendment of the noble Baroness, Lady Miller of Chilthorne Domer. I apologis...
Lord Hunt of Kings Heath | 710 c1355 (Link to this contribution)
Clause 220: Duties of the Environment Agency
Amendment 122D
122D: Clause 220, page 129, line 26, a...
Lord Hunt of Kings Heath | 710 c1355 (Link to this contribution)
Clause 219: Handling fish
Amendment 122C
122C: Clause 219, page 129, line 13, after ""eels"," inse...
Lord Hunt of Kings Heath | 710 c1354 (Link to this contribution)
Clause 215: Byelaws: emergency procedures
Amendment 122B
122B: Clause 215, page 125, line 32, leav...
Lord Hunt of Kings Heath | 710 c1354 (Link to this contribution)
Clause 213: Definitions relating to fish
Amendment 122A
122A: Clause 213, page 124, line 1, at end...
Lord Wallace of Tankerness | 710 c1355-6 (Link to this contribution)
My Lords, I will not detain the House. This is a simple amendment, the effect of which would be to d...
Lord Wallace of Tankerness | 710 c1355 (Link to this contribution)
Clause 239: Dwellings
Amendment 123
123: Clause 239, page 146, line 26, after "sheriff" insert "or...
Lord Hunt of Kings Heath | 710 c1355 (Link to this contribution)
Clause 221: Tweed and Esk fisheries
Amendments 122E and 122F
122E: Clause 221, page 129, line 33, ...
Duke of Montrose | 710 c1356 (Link to this contribution)
My Lords, considering that this amendment has been supported by the Law Society of Scotland and move...
Lord Davies of Oldham | 710 c1356-8 (Link to this contribution)
My Lords, there is nothing worse than a noble Lord moving an amendment saying that it is simple, str...
Lord Boyd of Duncansby | 710 c1358 (Link to this contribution)
My Lords, before the noble Lord sits down, is he aware that there is a very considerable programme o...
Lord Davies of Oldham | 710 c1358 (Link to this contribution)
My Lords, I am enormously grateful to my noble and learned friend for catching me just before I sat ...
Lord Davies of Oldham | 710 c1360 (Link to this contribution)
Clause 263: Power of relevant authority to sell seized fish in its possession
Amendment 124D
124D:...
Lord Davies of Oldham | 710 c1360 (Link to this contribution)
Clause 260: Procedure in relation to seizure under section 258 or 259
Amendment 124C
124C: Clause ...
Lord Davies of Oldham | 710 c1359 (Link to this contribution)
Clause 255: Reports of inspections under section 254
Amendment 124A
124A: Clause 255, page 154, li...
Lord Wallace of Tankerness | 710 c1358-9 (Link to this contribution)
My Lords, I certainly take that point on board. I was only too delighted to put in motion that train...
Lord Davies of Oldham | 710 c1359 (Link to this contribution)
Amendment 124B
124B: Clause 255, page 154, line 38, after "requirement" insert "for the authority"
...
Lord Davies of Oldham | 710 c1359 (Link to this contribution)
My Lords, after the dizzy heights of Scottish law we enter the rather more prosaic elements of gover...
Lord Davies of Oldham | 710 c1360 (Link to this contribution)
My Lords, I propose that we adjourn further consideration on Report until another date. In so doing,...
Lord Davies of Oldham | 710 c1360 (Link to this contribution)
Clause 282: Offences in relation to enforcement officers
Amendment 124E
124E: Clause 282, page 168...
Lord Davies of Oldham | 710 c1314-5 (Link to this contribution)
My Lords, I speak also to the other government amendments in this group. The amendments result from ...
Lord Davies of Oldham | 710 c1333 (Link to this contribution)
My Lords, I am grateful for that contribution. Given the progress that we are making, perhaps I may ...
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