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Marine and Coastal Access Bill [HL]

The noble Earl, Lord Cathcart, seeks to amend Clause 2(3), the effect of which would be to ensure that the MMO is issued with guidance within one year of its establishment on how it is to achieve its objective. We do not believe that it is necessary to legislate for a deadline for the Secretary of State to issue such guidance. That is a level of detail inappropriate for primary legislation. It is clearly in the Government’s interest to make sure that the MMO delivers their policy objectives effectively. Our firm intention is to issue guidance to the Marine Management Organisation on the day that it commences its activities. Moreover, I can reassure noble Lords that we will review and if necessary amend the guidance at appropriate points; for example, on publication or review of the marine policy statement, on publication or review of marine plans, or as our understanding of sustainable development evolves. Amendment 53 imposes a requirement that the Marine Management Organisation must have regard to the guidance issued to it by the Secretary of State under Clause 2(3). I refer the noble Lord to Clause 36. It makes clear that: "““The MMO must have regard to any guidance given to it by the Secretary of State””." That includes the guidance to be issued to the MMO by the Secretary of State, under Clause 2, on how it is to achieve its general objective. Clause 2(4) provides that: "““The Secretary of State must consult the MMO before giving any guidance””;" and Clause 2(5) provides that he, "““must take into consideration … the functions of the MMO, and … the resources available, or likely to be available, to the MMO””." The noble Lord, Lord Kingsland, asked an interesting question about the guidance given under Clause 2, which relates to the duty in the general objective in that clause. Clause 2(3) makes it clear that: "““The Secretary of State is to give the MMO guidance as to the manner in which the MMO is to seek to secure that the contribution to the achievement of sustainable development mentioned in subsection (1)(b) is made””." He also referred to Clause 35, which relates to the directions that the Secretary of State may give in respect of any of the Marine Management Organisation’s functions, and to the marine policy statement. We believe that the Bill’s provisions are part of a consistent thread that goes from the sustainable development principles, via the high-level objectives and marine policy statement, through to their application by the Marine Management Organisation in individual decision-making. As I indicated, the Marine Management Organisation will be issued with guidance on how it is to achieve its general objectives. The organisation will clearly be required to operate within the constraints of the marine policy statement, a subject we will come to in the debate on Part 3. The power of direction under Clause 35 makes it clear that the Secretary of State may give the Marine Management Organisation, "““general or specific directions with respect to the exercise of any of the MMO’s functions””." There is a consistent thread running throughout this. If the noble Lord has spotted inconsistencies, I am happy to look at this further. However, the intent is to adopt a consistent approach.