---

Marine and Coastal Access Bill [HL]

This rejection of all lists comes curiously from a Minister who recently was part of a Government who put through the Natural Environment and Rural Communities Act 2006. That is where I would like to point out the difference between Amendments 32 and 33. The reason why my noble friends and I supported Amendment 32 is that it is solidly based on a specific requirement passed by this House two and a half years ago when we were setting out the general purpose of Natural England. We were not overtly specific. We were not being so definitive that we might circumscribe the role of the MMO. We were giving out exactly the same sort of general objectives as this Parliament decided, as recently as that, for the terrestrial comparable organisation. That is why I have a slight preference for our amendment against Amendment 33. The noble Lords, Lord Kingsland and Lord Eden of Winton, pointed out that our two amendments are not mutually incompatible. I am sure that given goodwill and encouragement from the Minister we could find a way of bringing them together in a way that would make them comprehensive. Our amendment has one advantage in that it is a little more open-ended regarding the natural changes to which the Minister has referred that are going to take place. It is not so specific that in two or three years we may want to change those objectives, which may be a fault in Amendment 33. However, there is a more general point. I am not a lawyer, let alone a constitutional lawyer, but I take an interest in these things. When Parliament has decided as recently as two and half years ago that a list of this sort is an appropriate way to put a set of objectives in an Act, that should be taken as guidance on how we approach this particular legislation. Equally, I accept the point made by the noble Baroness, Lady Hooper, and the noble Lord, Lord Howarth, that the references to heritage are important. The Minister’s explanation of how this will be handled had some credibility. I am anxious that we do not include in the objectives such specific references that it precludes that sort of arrangement. The other reason that I feel strongly that simply accepting Amendment 33 and discarding Amendment 32 would be a mistake is that Amendment 32 makes reference to coastal communities, to which other Members of the Committee have referred. It was specific in the Natural Environment and Rural Communities Act 2006, which created Natural England; it refers to ““working with local communities””. If it could be in that Act, for a terrestrial body with these environmental objectives, surely it should also be there for those concerned with the marine environment. The Minister suggested that all this can be left until we get around to the marine policy statement. I do not think that that is right. There should be a framework in which the MMO is asked to set these priorities for the marine policy statements, which will of course be a matter of wide consultation. The Minister sounds characteristically forthcoming and says he will reflect. It must be clear to him that, after one hour and 20 minutes this afternoon, there is a consensus in the Committee that Clause 2 is not up to scratch. It is not yet ““quite right””, he said. The Committee will want to hold him to that. We will reflect on what he has to say.