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Proceeding contribution from Duke of Montrose (Conservative) in the House of Lords on Monday, 23 February 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 am interested to see this amendment, moved by the noble Baroness, Lady Hamwee, but if I understand it rightly the Secretary of State’s powers would exist only in matters that relate to retained functions. He might not be able to veto the whole Bill. I would be interested to hear what the Minister has to say. I am afraid that, speaking from this Dispatch Box, I cannot agree with the noble Baroness that the Secretary of State does not need to give agreement to plans relating to retained functions. As we have spent some time discussing already, this Bill potentially devolves enormous powers. These are mainly executive powers, although there is still the question of whether some legislative power might be needed. The consequences of establishing this complex network of powers over the UK marine area are still uncertain. Of course, we hope that a sensible method of consultation will be established and maintained, as it is at the moment, and that progress will be made relatively smoothly. However, removing the ability of the Secretary of State to check on decisions affecting retained functions does not seem to be the best way to ensure this. Can the Minister explain to the Committee how a marine plan authority could have any reason for making provisions relating to retained functions? Presumably this would not be to the extent of exercising retained functions. That is surely beyond the powers that even a Secretary of State enjoys under the current legislation. There are clauses in the Bill that perhaps require consideration.


Secondary information

Type
Proceeding contribution
Reference
708 c29 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Devolved matters Applications Conservation Coal Coastal areas Archaeology Devolution Cultural heritage Biodiversity Fisheries Licensing Electricity generation Infrastructure Legislative competence English Heritage Local government Northern Ireland Oil Planning Natural gas Public consultation National Assembly for Wales Property Non-departmental public bodies Scotland Sustainable development Wales Scottish Parliament Renewable energy Shipping Wave power Seas and oceans Wrecks Testing Non-governmental organisations Department for Culture, Media and Sport High Court Natural England Marine Management Organisation Infrastructure Planning Commission Marine conservation zones
Legislation
Marine and Coastal Access Bill (HL) 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk