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Marine and Coastal Access Bill [HL]

The noble Lord, Lord Tyler, has suggested that this was a drafting amendment; I winced a little at that, although it is certainly different from the one we have just debated. He went on to say that it is a probing amendment to see where the Government stand on these issues. It is to that dimension that I will respond, particularly as it has been reinforced by the remarks of the noble Duke, the Duke of Montrose. It is clear that the amendment of the noble Lord, Lord Tyler, would require the MMO to consider the impact of its activities beyond the areas in which it has any function, or perhaps even any influence. I confirm that the intention of the Bill is to ensure that the MMO manages, regulates and controls activities in the marine environment in a consistent and co-ordinated way. As my noble friend Lord Hunt set out a few moments ago, it will be operating within the framework of a marine planning system, which includes a number of requirements to consider at the planning stage the likely impact of any proposed plan, not only on adjacent areas but also any area which may be affected by the proposal. For example, Schedule 6, which needs to be considered in this context, requires that marine plan authorities notify adjacent plan authorities, both marine and terrestrial, when they start planning and then take reasonable steps to secure compatibility with any adjacent plans. The schedule also contains a separate requirement that marine plan authorities have regard to the effect which any proposal for inclusion in a plan is likely to have on any related area. In this context, ““related”” includes any adjacent area of sea or land, as well as any areas that may be affected by the proposal, whether directly adjacent or not. This context is significantly wider than the one envisaged in the noble Lord’s amendment. We recognise that at the planning stage other areas—not even adjacent areas—may be affected, and the MMO will need to take that into account. When carrying out its planning functions, the MMO will also need to comply with the European Union directive on the strategic environmental assessment of plans and programmes. The assessment directive requires, for example, any adjacent member state to be consulted if a proposed marine plan is likely to have significant effects on its environment. We can all envisage circumstances in which that might be the case. These requirements therefore ensure that the impacts of different activities on the environment and each other are considered at the planning stage, rather than as individual decisions are made. I maintain that this is a more coherent and effective way of dealing with the issues. The MMO will be operating for the United Kingdom Government in English waters, and in UK waters except where the devolved Administrations have those functions. It will make its decisions in accordance with marine plans, which will have been developed having regard to the impacts of the proposals on adjacent or related areas at sea and on land. Co-ordination between delivery bodies throughout the marine area will be absolutely essential in this context, and mechanisms will be put in place to ensure that that happens. I note that subsequent amendments to later parts of the Bill will give the Government a chance to expand on how we intend to achieve this. A key aim—indeed, the basis—of the Bill is to move our marine management from a case-by-case consideration of individual projects and impacts to a forward-looking and strategic approach. The provisions in Clause 2 supplement this framework by requiring the Marine Management Organisation to apply that co-ordinated approach within its own operations. I listened with the greatest care to our prolonged debate on the inadequacies of Clause 2, and I appreciate that my noble friend will think further on those matters. However, the crucial issue of co-ordination is being fleshed out in the response to this amendment. It involves a rather wider dimension than the noble Lord suggested when moving the amendment, so I hope that credit will be given to the Government for thinking strategically, as that is at the heart of the Bill. Clause 2 offers that certainty. I hope that my explanation has established that the Government are fully apprised of the concerns articulated by the noble Lord and that we have a structure that enables us to take into account dimensions even wider than those that he put forward when advocating the amendment. I hope that he will be reassured in that respect and that he will feel able to withdraw the amendment.