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Marine and Coastal Access Bill [HL]

I very much appreciate the comprehensive way in which the noble Lord has dealt with this matter. Clause 88 goes right to the heart of the Bill. The purpose of the Bill is to sustain biodiversity and enhance the sustainability of our seas. Unless we have an effective remediation system, we will not succeed in reaching, let alone maintaining, this objective. I agree with the Minister and other noble Lords—I even said it myself—that restoration in a marine context is very difficult once the damage is done; and there are circumstances in which restoration can never take place. It is even more important, therefore, that the Committee should scrutinise the monitoring capabilities of the MMO very carefully to make sure that damage is not beginning to be done. If it can step in at that stage, restoration will not be an issue. That is why I am worried, in particular, about subsection (9)(a), which refers to "protecting the environment". Although I have not tabled an amendment at this stage, I shall contemplate tabling one on Report to substitute "restoring the environment" for "protecting the environment". I am particularly alert to this problem because "protecting the environment", in the end, could be interpreted by the courts to mean protecting what is left of the environment after the damage has been done. I invite the Minister, between now and Report, to reflect on whether Clause 88 needs tightening up and to look at the monitoring powers of the MMO to make sure that the best possible efforts are made not to let the damage start in the first place.