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Marine and Coastal Access Bill (HL) 2008-09
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Marine and Coastal Access Bill (HL) 2008-09 (138)

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First, I thank the noble Lord, Lord Livsey, for introducing this group of amendments, and the noble Duke, the Duke of Montrose, for his comments, which were very helpful. I say to the noble Lord, Lord Greaves, that it may be helpful if, in addition to sending out a paper...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1087-8
House
House of Lords

I referred in my speech at Second Reading to that joint ministerial meeting. One can well see that at that meeting it was agreed that all devolved matters could be left to Scotland to deal with. One of the puzzles is whether the organisation that we are setting up will...

Member
Duke of Montrose (Conservative)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1088
House
House of Lords

No, I do not think that it means that at all, but we are able to give the MMO certain functions that fall to the Secretary of State, who can ask it to take on those responsibilities. I said at Second Reading that this is not a departure from the...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1088
House
House of Lords

The Minister’s answers were very helpful except for his last sentence, which negatived the upshot of my amendments. I am very pleased that the full briefing will become available and I am sure that we will be able to iron out one or two things in our discussions. However, it...

Member
Lord Livsey of Talgarth (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1088-9
House
House of Lords

Amendment 16 16: Schedule 1, page 217, line 14, at end insert— ““(3A) The MMO shall, no later than seven days after sending the report to the Secretary of State in pursuance of sub-paragraph (2), send a copy of the report to the Scottish Ministers, who shall lay a copy...

Member
Lord Livsey of Talgarth (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1084-5
House
House of Lords

The amendment moved by the noble Lord, Lord Livsey, promotes transparency between the various Executives of the United Kingdom. My noble friend Lady Carnegy has assiduously raised the various slightly difficult areas that occur in this regard and has properly drawn noble Lords’ attention to the fact that this whole...

Member
Duke of Montrose (Conservative)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1085-6
House
House of Lords

Briefly, I support both amendments in the group, which were introduced by my noble friend Lord Livsey and spoken to eloquently by the noble Duke, the Duke of Montrose. I think that it is going to be a typical pattern of Committee stage of the Bill that pretty well every...

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1086-7
House
House of Lords

The Joint Committee certainly suggested that there should be a duty on the MMO to further sustainable development, and that there should be a definition of sustainable development in the Bill. In their response, the Government started by saying that they agreed that the MMO should have a duty in...

Member
Lord Greenway (Crossbench)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1097-8
House
House of Lords

I shall refer briefly to Amendment 28A, tabled by the noble Baroness, Lady Young. I had not intended to speak on this group of amendments but I strongly endorse the point that she was making that there will be occasions where, frankly, the various objectives will be irreconcilable. It is...

Member
Lord Tyler (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1098
House
House of Lords

I have the terrible feeling that I am about to make a Second Reading speech, which is rather sad at this hour, but we are at the heart of what this Bill is all about, so such a speech is deserved. I am sure that the Government have great ambition...

Member
Baroness Young of Old Scone (Non-affiliated)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1093-5
House
House of Lords

I have Amendments 27, 46, 85, 89 and 180 in this group. The noble Baroness, Lady Young of Old Scone, half apologised for making what she said was a Second Reading speech. It was not that at all. It was absolutely pertinent to Clause 2, which is entitled ““General objective””....

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1095-7
House
House of Lords

I shall speak to my Amendments 25, 26 and 44, which are grouped with Amendment 21. Amendment 25 returns us to the objective of the MMO. I should like to ask the Minister about the big political consensus which I think has been achieved on all sides. Did the Labour...

Member
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1091
House
House of Lords

I support my noble friend’s original amendment. The general objectives in the Bill are a little woolly, loose and not clearly defined. The words in Clause 2(1)(a), "““in a manner which is consistent and co-ordinated””," could mean many different things to different people. Those in Clause 2(1)(b), "““with the objective...

Member
Baroness Byford (Conservative)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1092
House
House of Lords

Clause 2: General objective Amendment 21 21: Clause 2, page 2, line 2, leave out subsection (1) and insert— ““(1) The MMO’s general objective is the promotion of sustainable development of the marine environment. (1A) It is the duty of the MMO to secure that the general objective is so...

Member
Lord Taylor of Holbeach (Conservative)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1089-91
House
House of Lords

This has been an interesting and informative debate. I say in response to the noble Baroness, Lady Byford, who found Clause 2 ““woolly””, that I know that Members of the Committee feel that Clause 2 in particular does not quite capture the critical role of the Marine Management Organisation. Although...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1098-9
House
House of Lords

That is a fair question, to which I was going to come later, but I am quite happy to answer it now. In addition to its duties laid down in the Bill, the MMO will operate in accordance with the new marine policy statement, which we will discuss under Part...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1100
House
House of Lords

I am grateful to the Minister for explaining that, but if the various players who have responsibility are pulling in different directions, where does that leave the MMO? Does the matter in question come back to the Secretary of State to decide? Who carries the ultimate responsibility to try to...

Member
Baroness Byford (Conservative)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1099
House
House of Lords

My Lords, I do not know anything about Secretaries of State and whims—I do not recognise that. There is always a balance to be struck between what should be in legislation and what should fall to guidance and secondary legislation. The Government believe that we have got the balance right...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1101
House
House of Lords

Does the Minister not understand that we are saying that we want more of that policy construct in the legislation and less of it to be dependent on the whims of a particular Secretary of State at any given time?

Member
Lord Greaves (Liberal Democrat)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1101
House
House of Lords

I do not think that anything that my colleague wrote in that report is at all inconsistent with the aim in the Bill that the Marine Management Organisation should contribute to sustainable development. Wearing my Defra hat, I am delighted that the noble Baroness is so enthusiastic for my department....

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
12 January 2009
Reference
706 c1100-1
House
House of Lords