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Marine and Coastal Access Bill [HL]

The amendment tabled by the noble Baroness, Lady Miller, raises an important issue. Our Amendments A183A and A183B are designed to tackle similar difficulties. The duties laid out in Clauses 121 and 122 make very clear the position of public authorities in relation to MCZs and certain decisions. We support the noble Baroness’s new clause, which would specify the nature of the offence and the fine that it would be possible to incur if the public authority breached this duty. Does the Minister agree that the severity of the offence should be made clear? Does he think that the level of fine is appropriate and may act as a deterrent for any public authority that is hoping to breach its duties towards MCZs in order to meet another requirement? The Bill as it stands enables the appropriate statutory conservation body to request an explanation in writing from a public authority that has failed, or is perceived to have failed, in its duties. We are in full support of this clause, but it does not go far enough. Our Amendments A183A and A183B would require that the explanation must be forwarded to the "relevant authority" and that this body must be allowed to publish any explanation that it receives. This is necessary to make it completely clear that the public authority’s explanation must be forwarded to the correct body so that it can be called to account. Does the Minister agree that this is a sensible clarification? Furthermore, does he agree with us that it may be deemed necessary, appropriate and useful for the explanation to be published? Does he support our enabling power that would allow that to happen? I look forward to the Minister’s response.