Proceeding contribution from Lord Hunt of Kings Heath (Labour) in the House of Lords on Wednesday, 21 January 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Marine and Coastal Access Bill [HL].
Marine and Coastal Access Bill [HL]
I do not think there is. That shows that it is often unnecessary to lay it down in statute because, in the main, organisations behave in a sensible way. Any sensible organisation in the marine area will understand that, in order for there to be a coherent approach to all the matters encompassed by this Bill, people should work together. One of the debates is on the question: how far does one need to make it explicit and, if one does, would the fears of the noble Baroness, Lady Carnegy, be realised? It could lead to complicated arrangements which would defeat the object of the exercise. I understand the questions that have been raised about the devolved Administrations. The maps we looked at yesterday clearly illustrate some of the complexities. The devolved Administrations will be carrying out functions in adjacent areas; for example, through bodies that they establish, such as Marine Scotland. In the case of the Welsh Assembly Government, their intention is not to set up a separate organisation but to undertake the work through the good offices of officials within the Assembly. I gather that might also be the conclusion of the Northern Ireland Executive. The reason why there are technical issues here is that it would not be normal practice for a delivery body of one Administration—the MMO, for instance—to enter into a formal agreement with another Administration. Rather, it will be for the Governments to decide between them how the delivery bodies might need to work together. On this point, there is very good news. The work in pre-legislation was very helpful in encouraging the Government and devolved Administrations to come together. During the discussions, we promulgated the idea of setting up ways in which to work through a concordat between us to deliver agreements on joined-up marine planning. I believe that across policies in the Bill we, as Ministers, will need to work with colleagues in other Administrations to ensure joined-up ways of working, which can then be turned into guidance or direction to the MMO for delivery in the areas for which we have responsibility. It would be perfectly possible for the devolved Administrations to do the same in relation to their officials, if their officials are responsible, or to any agencies that they so establish. I do not think that that sort of concordat approach between the UK Government and the other Administrations is without merits. There is a great deal to be said for it, and it does not mean to say that there will not be close collaboration between the Administrations. That will clearly need to be continued. In Clause 26(2), the Bill already allows for the devolved Administrations in Northern Ireland and Wales to ask the MMO to take on functions on their behalf and provides for the MMO to charge for such services. My initial conclusion is that, while I accept that there is a strong argument for doing everything we can to ensure that close collaboration takes place between all the partners who have to make it work, there are some practical issues about placing duties on the MMO to reach memorandums of understanding with officials in another Administration or, indeed, with agencies set up by another Administration. I recognise that noble Lords need to be convinced that this will work together and that we have the collaborative arrangements and machinery in hand. On that basis, I hope noble Lords will accept that I shall go away and consider what further work needs to be done, although they also need to know that I am sceptical about establishing very formal agreements, for the reasons I have stated.
Secondary information
- Type
- Proceeding contribution
- Reference
- 706 c1679-80
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Common fisheries policy Coastal areas Devolution Cultural heritage Fisheries Energy Environment Agency Northern Ireland Pollution Planning Ports Nature conservation Scotland Republic of Ireland Sustainable development Wales Renewable energy Water power Tidal power Seas and oceans Wind power River Severn Natural England Marine Management Organisation Infrastructure Planning Commission Sea fisheries committees Harbour authorities
- Legislation
- Marine and Coastal Access Bill (HL) 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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