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Marine and Coastal Access Bill [HL]

I tabled my opposition to Clauses 88 and 103 standing part of the Bill in order to ask some probing questions about the concept of remediation notices. I know that the Minister has already moved government Amendments 48 to 51 to Clause 88, but the clause is rather light on the detail of what remediation steps might be required of a licence holder and the Explanatory Notes do not go much further. In fact, the Explanatory Notes do not quite seem to mesh perfectly with the provisions of the Bill. The notes talk of remedying the damage caused, whereas the clause speaks only of steps to protect. I am sure the Minister would agree that restoring or remedying environmental damage and preventing or protecting from future damage are different things. Can the Minister give us further information about what sorts of actions are likely to be encouraged? Will remedial notices be primarily financial, as made possible in subsection (7)(c), or will the offender be expected to participate in the steps? What would happen if the initial fine were found to be inadequate? Could a further levy be imposed for the same offence? Is there to be any sort of cap on how much can be levied by a remedial notice? Finally, if the licence holder is to undertake the remedial steps, what sort of assessment will be made of whether they have been effective? There are wider questions about the effectiveness of remedial steps as a concept. Clauses 88 and 103 appear to assume that remedial action is a possibility in the case of all environmental damage. Of course, that is not so. Much environmental damage is irreversible, as has already been said. A species driven to extinction cannot be reintroduced. Damage to habitats is also extremely difficult to repair. For example, any Severn barrage will cause the loss of a stretch of intertidal area that is of the greatest importance for feeding resident and migratory birds. What remedial action could possibly compensate for that damage? Remedial notices and actions could of course, in some cases, be extremely helpful. The cost of clearing up spills and pollution can be prohibitive, and it is right that the person who caused the damage should pay for it. However, we would not want to see the growth of an attitude of complacency, in which environmental damage is nodded at because of a mistaken belief that remedial action can always be applied.