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Marine and Coastal Access Bill [HL]

My Lords, Amendment 18 corrects an unforeseen anomaly that has arisen in connection with the transfer of functions in respect of the Welsh zone that will be created by Clause 42. The policy intent is that where a function in the area of the Welsh zone beyond the territorial sea is transferred to Welsh Ministers under Section 58 of the Government of Wales Act 2006, the transfer will be restricted to functions connected with fishing, fisheries and fish health. This is spelt out in the amendment to that section contained in paragraph 9(2) of Schedule 4. However, that provision could be read as contradicting the existing provision in paragraph 4 of Schedule 3 to the Act. This provision provides that the power in Section 58(1)(c) to direct that functions relating to Wales must be exercised after consultation with Welsh Ministers also applies in relation to certain specific environmental protection functions exercisable in relation to an area defined in the Act as "Welsh controlled waters". "Welsh controlled waters", like the "Welsh zone", include that part of the sea adjacent to Wales that is beyond the seaward limits of the territorial sea, and we want to ensure that our fisheries restriction is not read as contradicting this separate power. To rectify this, an additional subsection (1B) is being inserted into Section 58 of the Government of Wales Act. Let me reassure noble Lords that this amendment is purely minor and technical. I beg to move.