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Marine Licensing (Licence Application Appeals) Regulations 2011

My Lords, I am very grateful to the noble Baroness and to my noble friend Lord Taylor for their remarks. I will join my noble friend Lord Tyler in paying tribute to the previous Government—it is only occasionally that we do such things—for the passage of the Marine and Coastal Access Bill. I would also add how sorry we are that the noble Lord, Lord Greaves, who spent so much time on that particular Bill, as my noble friend Lord Taylor remembers it, is not able to be here today. As regards how this legislation works, my noble friend Lord Tyler said that the proof of the pudding will be in the eating, and he referred to the problem in terms of the definition of ““complexity””. I can give some sort of assurance from my ancient memories as a pupil at the planning bar—a very, very long time ago—that this is well understood in planning law. In terms of transposing—perhaps I may use that EU expression—these matters on to general planning law, there will be a great problem. Obviously, there will be questions of fact and degree as to where something lies and whether it should be undertaken by written representation, by some other appeal or by general public inquiry. However, these matters have previously been dealt with without too much problem. The noble Baroness, Lady Quin, first asked about payments. I understand that a salary or fee will be paid by the planning inspectorate to any appointed inspector, as has always been the case. That is what happens with terrestrial planning systems—they are paid for the work they do, as is right and appropriate. She also asked about staffing, saying that I would not be surprised by her question on whether the MMO would be able to meet its commitments. We have certainly taken advice from the MMO enforcement team on the level of resource required for this activity. It is perfectly happy that it has budgeted accordingly and will be able to deal with everything that it needs, as set out in the impact assessment. I shall turn to the noble Baroness’s complicated question—I am not sure whether I have got it right—about the different review timescales we have set out for two different things. One is of three years and the other two years. I understand that we are committed to monitoring and reviewing the use of notices after two years. Obviously, appeals on that system are different. However, if I have not quite understood her exact concern, I will certainly write to her and set out a proper response. I am grateful that there is general agreement on both these two orders and the fact that they should be agreed. If I have failed to answer any of the concerns expressed by the noble Baroness and the noble Lord, Lord Tyler, I will obviously do so in writing. In the mean time, I commend the regulations to the Committee. Motion agreed.