Proceeding contribution from Lord Davies of Oldham (Labour) in the House of Lords on Monday, 8 June 2009. It occurred during Debate on bill on Marine and Coastal Access Bill [HL].
Marine and Coastal Access Bill [HL]
My Lords, we are in danger of forming an all-party alliance which, I guess, is only possible for a day or so after elections have been conducted and certainly not before. I do, of course, respect the contributions to the Bill by the noble Lord, Lord Greaves. On the role of local authorities, we were, as I indicated in my opening remarks, responding, as constructively as we are able, to points that the noble Lord and the noble Baroness, Lady Hamwee, had made in Committee and on Report. On the particular points that were raised, on the question from the noble Baroness, Lady Byford, the tiers above parish councils are defined in Amendment 9. The noble Baroness will appreciate that we are talking about local authorities, but I understand her point about parish councils, and no local authority will be able to meet its requirements regarding these developments without respecting the position of the coastal parishes within its framework that may be affected. Our points about the more formal issues of consultation are directed to local authorities, although the noble Baroness accepts that we are concerned that notice is given to all who might have an interest. In some cases, one can anticipate a particular parish council having possibly the most specific and even among the most important of interests. We would not expect anything other than them being involved in the exercise in those terms. On the issues raised by the noble Baroness, Lady Hamwee, Clause 16 allows further delegation of only the functions that are delegated to the MMO in the Bill. That does not include planning and licensing, which are functions that the devolved authorities and the Secretary of State have. The MMO cannot devolve the responsibilities of the Secretary of State or the devolved authorities; they cannot be devolved further. In all other areas, though, it is expected that the MMO will be able to delegate extensively. I hope that she will accept that on the basis on which it is intended. She invited me to dwell further on the issue of the contribution and role of the local authorities. With the noble Lord, Lord Greaves, back in his place, does anyone think I am going to dare to dwell on those matters? We have had intensive discussion about these issues. I know that the noble Baroness could pester me from now until a long time in the future about the crucial position that the local authorities occupy with regard to this legislation. I am not denying that; but I am shying away at this late stage from reopening the debate on how we could more effectively describe the role of local authorities. This legislation sets out the framework within which to operate, and, after the discussions we have had in Committee and on Report, we now have a framework that safeguards the proper interests of the local authorities while ensuring that the principal operations of the MMO and others concerned with the implementation of the policy under the Bill are also safeguarded. Amendment 2 agreed.
Secondary information
- Type
- Proceeding contribution
- Reference
- 711 c429-30
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Access Devolved matters Appeals Coastal areas Devolution Byelaws Fisheries Leisure Licensing Environment protection Infrastructure Exemptions Legislative competence Local government Northern Ireland Planning permission Planning Northern Ireland Assembly Offshore structures National Assembly for Wales Nature conservation Scotland Republic of Ireland Wales Scottish Parliament Renewable energy Rights of way Shipping Seas and oceans Territorial waters Planning Inspectorate Marine Management Organisation Infrastructure Planning Commission Marine conservation zones
- Legislation
- Marine and Coastal Access Bill (HL) 2008-09
- National Parks and Access to the Countryside Act 1949
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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