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Marine and Coastal Access Bill [HL]

My Lords, the noble Baroness's amendment is entirely understandable. I hope to reassure her on this. I agree entirely with her that it is unlikely that it would be appropriate for these functions to be carried out by many statutory undertakers, particularly by the large number which are utility and transport providers. I want to put on record that we are not considering any delegation of marine planning functions to public bodies of that type. The issue that we have is that the definition of statutory undertaker in Clause 312, which points further to that definition given in the relevant terrestrial planning legislation—which the noble Baroness will know better than I do—is wider than simply the utility and transport companies. It includes, ""persons authorised by any enactment to carry on any …water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of, or hydraulic power"." That rather wide definition could include a number of public bodies with functions relevant to marine planning, including the Environment Agency and some harbour authorities. While we are committed to delegating our marine planning functions in relation to the English inshore and offshore regions to the Marine Management Organisation, we should not restrict other plan authorities, whom we have considered in some detail in our earlier discussions, from delegating their marine planning functions to public bodies such as harbour authorities or the Environment Agency which happen to be statutory undertakers. I hope that I have reassured the noble Baroness sufficiently on that. I turn to my Amendment 86, which reorganises the drafting of subsections (6) and (7) of this clause. Subsection (6) lists those functions of marine plan authorities which are excepted from the list of delegable functions and so cannot be delegated under this clause. However, many of the functions presently listed in subsection (6) are not, in fact, functions of marine plan authorities, but of the Secretary of State in his own capacity. These functions would not, therefore, be delegable functions to begin with and are more properly listed in subsection (7), along with other non-delegable functions of the Secretary of State. My speaking note says that the amendment is minor and technical and does not affect the powers of marine plan authorities to delegate their planning functions.