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Marine and Coastal Access Bill [HL]

I shall speak also to a corresponding amendment, Amendment A234D. They are by way of "compare and contrast" amendments, because they are intended to probe the differences between this clause, which gives power to the IFCAs to make emergency by-laws to manage their fisheries, and Clause 127, which gives powers to the MMO to manage MCZs. In Clause 153(2)(b), IFCAs are expected to prove that they could not have foreseen the need for the emergency by-law before they can impose one. Why are IFCAs being held to a higher level of foresight than the MMO? Both organisations will suffer from conflicting and lacking scientific evidence and opinions, and both will have to pick their way through as best they can. To prevent a useful emergency by-law being imposed because of an inaccurate earlier assessment would seem to be counterproductive. The best way forward would of course be that IFCAs use the normal by-law procedure, but the second-best option should surely be that the emergency by-law powers are used, rather than that the damaging activity be allowed to continue unrestricted. Similarly, subsection (6)(a) requires an IFCA to use its best endeavours to use the normal procedure, rather than relying on the Secretary of State to extend the emergency by-law. Again, we agree entirely with the principle behind the provision. IFCAs should not rely on an extension rather than going through the proper procedures but, again, the Bill ensures that the marine environment, rather than the IFCA, will suffer from its negligence. Surely there is a better way to ensure that IFCAs take a responsible attitude to the imposition of by-laws. I beg to move.