37

House of Commons

Thursday 2 July 2009

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Marine and Coastal Access Bill [Lords]

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Note

The Amendments have been arranged in accordance with the Order of the

Committee [30 June 2009].

Andrew George

39

Clause  140,  page  95,  line  8,  leave out ‘kills or injures’ and insert ‘kills, injures or

disturbs’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

18

Clause  141,  page  96,  line  2,  at end insert—

‘(3A)

It is a defence for a person who is charged with an offence under section 139 to

show that that person took all reasonable precautions and exercised all due

diligence to avoid the commission of the offence.’.

Martin Salter

Nick Ainger

Mr Charles Walker

35

Clause  141,  page  96,  line  11,  at end insert—

Public Bill Committee: 2 July 2009

38

Marine and Coastal Access Bill [Lords], continued

‘(c)	the act occurred on the seaward side of the 0-6 nautical mile fisheries

zone in a location where European vessels have fishing rights.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

4

Schedule  1,  page  227,  line  11,  at end insert—

‘Chief engineering adviser

15A(1)

The MMO must appoint a person to be its chief engineering adviser.

(2)	The chief engineering adviser is an employee of the MMO.

(3)	The MMO may only make an appointment under sub-paragraph (1) with the

approval of the Secretary of State as to any terms and conditions of

employment not falling within paragraph 17 or 18.’.

Member’s explanatory statement

Science and engineering are very different disciplines. This will address the needs of an

engineering discipline, such as marine renewable energy. Therefore the MMO will be allowed to

appoint a Chief Engineering Adviser.

Andrew George

Mr Roger Williams

28

Schedule  1,  page  228,  line  15,  at end insert—

‘(2A)

The MMO must authorise at least one committee which will be charged with

ensuring that the coastal communities affected by the discharge of its duties

should be consulted.’.

Andrew George

Mr Roger Williams

30

Schedule  1,  page  229,  line  19,  at end insert—

‘(1A)

The report must contain an assessment of whether the MMO has adequate

resources and expertise for the carrying out of its functions under section 2.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

1

Clause  2,  page  2,  line  5,  leave out ‘making a contribution to the achievement of’

and insert ‘taking reasonable steps, consistent with the proper exercise of its functions to

further’.

Member’s explanatory statement

Public Bill Committee: 2 July 2009

39

Marine and Coastal Access Bill [Lords], continued

The purpose of this amendment is to ensure that the MMO has a duty to ‘further’ sustainable

development. This gives the MMO a sufficiently robust objective to be responsible for ‘furthering’

and not just ‘making a contribution to the achievement of’ sustainable development.

Andrew George

Mr Roger Williams

26

Clause  2,  page  2,  line  17,  at end insert—

‘(aab)

the impact on the lives and livelihoods of the coastal communities

affected by its decisions and activities.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

3

Clause  2,  page  2,  line  22,  at end insert—

‘(3A)

The MMO must have due regard to the desirability of mitigating, and adapting to,

climate change.’.

Member’s explanatory statement

The purpose of this amendment is to ensure that in exercising its functions, the Marine

Management Organisation (MMO) has regard to mitigating, and adapting to, climate change.

This should ensure that the MMO is also aligned with the biggest threat against the marine

environment.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Martin Salter

2

Clause  2,  page  2,  line  24,  leave out ‘contribution to the achievement of’ and insert

‘furthering of’.

Member’s explanatory statement

The purpose of this amendment is to ensure that the MMO has a duty to ‘further’ sustainable

development. This gives the MMO a sufficiently robust objective to be responsible for ‘furthering’

and not just ‘making a contribution to the achievement of’ sustainable development.

Huw Irranca-Davies

20

Clause  7,  page  6,  line  6,  leave out from ‘read,’ to ‘under’ in line 7 and insert ‘in

relation to the exercise by the MMO of functions’.

Member’s explanatory statement

The effect of this amendment would be that, in certain regulations, references to (or which include

a reference to) the Secretary of State would be read, in relation to the exercise of functions

anywhere by the MMO, as references to, or as including a reference to, the MMO instead.

Public Bill Committee: 2 July 2009

40

Marine and Coastal Access Bill [Lords], continued

Andrew George

Mr Roger Williams

27

Clause  16,  page  11,  line  30,  at end insert—

‘(f)	any coastal local authority;

(g)	the council of the Isles of Scilly.’.

Huw Irranca-Davies

21

Clause  21,  page  15,  line  1,  after ‘by’, insert ‘the MMO or’.

Member’s explanatory statement

This amendment would insert a reference to the MMO in clause 21(4) to ensure that Schedule 15

to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information)

applies where the MMO authorises the performance of a function under clause 15 or clause 19(6).

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

5

Clause  23,  page  15,  line  14,  leave out ‘(6)’ and insert ‘(10)’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

6

Clause  23,  page  16,  line  26,  at end insert—

‘(5A)

After section 60 insert—

“60A	Advice from the Marine Management Organisation

(1)	Subsection (2) applies where the Commission—

(a)	has accepted an application for an order granting development

consent, and

(b)	has received—

(i)	a certificate under section 58(2) in relation to the

application, and

(ii)	where section 59 applies, a notice under that section in

relation to the application, and

(c)	the development for which the application seeks development

consent would affect, or would be likely to affect, any of the

areas specified in subsection (2).

(2)	The areas are—

Public Bill Committee: 2 July 2009

41

Marine and Coastal Access Bill [Lords], continued

(a)	waters in or adjacent to England up to the seaward limits of the

territorial sea;

(b)	an exclusive economic zone, except any part of an exclusive

economic zone in relation to which the Scottish Ministers have

functions;

(c)	a Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which Scottish Ministers have

functions;

(d)	an area designated under section 1(7) of the Continental Shelf

Act 1964, except any part of that area which is within a part of

an exclusive economic zone or Renewable Energy Zone in

relation to which the Scottish Ministers have functions.

(3)	The Commission must give notice in writing to the Marine Management

Organisation, inviting it to submit to the Commission advice on the

principal issues arising on the application which would affect, or would

be likely to affect, any of the areas specified in subsection (2).

(4)	A notice under subsection (3) must specify the deadline for receipt by the

Commission of the advice.”’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

7

Clause  23,  page  17,  line  6,  at end insert—

‘(8)	In section 104 (decisions of Panel and Council) after subsection (2), insert—

“(2A)

The Panel or Council shall take any advice or representations received

from the Marine Management Organisation into account—

(a)	in deciding whether or not to make an order granting

development consent, and

(b)	if it does decide to do so, in deciding what (if any) requirements

are to be imposed in connection with the development for which

consent is granted.”.

(9)	In section 105 (decisions of Secretary of State) in subsection (2), after paragraph

(c) insert—

“(3)	The Secretary of State shall take any advice or representations received

from the Marine Management Organisation into account—

(a)	in deciding whether or not to make an order granting

development consent, and

(b)	if it does decide to do so, in deciding what (if any) requirements

are to be imposed in connection with the development for which

consent is granted.”.

(10)	In section 116 (reasons for decision to grant or refuse development consent) after

subsection (1) insert—

“(1A)

Where the Commission has received advice from the Marine

Management Organisation, the reasons for decision to grant or refuse

development consent must include a statement of how (if at all) the

Public Bill Committee: 2 July 2009

42

Marine and Coastal Access Bill [Lords], continued

Commission has taken account of the Marine Management

Organisation’s advice.”’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

8

Clause  25,  page  17,  line  31,  at end insert—

‘(2A)

The MMO must advise the Infrastructure Planning Commission on all nationally

significant infrastructure projects that are in or impact upon the UK marine area

as defined in section 42.’.

Huw Irranca-Davies

22

Schedule  4,  page  236,  leave out from beginning of line 35 to end of line 8 on page 237.

Member’s explanatory statement

This amendment would delete paragraphs 6 to 8 (amending the Fishery Limits Act 1976). These

provisions are redundant following a decision to deal with the issue in the transfer of functions

order that will be made to transfer fisheries functions in the Welsh zone to Welsh Ministers.

Martin Salter

51

Clause  168,  page  112,  line  16,  at end insert—

‘(4)	In relation to its area or to a specified part or parts of its area, an IFC authority

may enter into an agreement with an eligible body authorising the eligible body

to perform any function of the authority.

(5)	In this subsection “specified” means specified in the agreement.

(6)	In this subsection “eligible body” means the Environment Agency or the Marine

Management Organisation.

(7)	The Secretary of State may by order amend subsection (4)(c) so as to add any

body or description of body to the list, or remove any body or description of body

from it.’.

Member’s explanatory statement

The purpose of this amendment is to provide that the IFC Authorities are able to delegate powers

to the Environment Agency to manage all fish species in upper esturaries.

Public Bill Committee: 2 July 2009

43

Marine and Coastal Access Bill [Lords], continued

New Clauses Relating to Part 6

Duty on Welsh Ministers in relation to management of inshore fisheries

Roger Williams

Andrew George

NC2

To move the following Clause:—

‘(1)	In exercising their powers under this Act or other Sea Fisheries Acts, Welsh

Ministers shall seek to ensure that the exploitation of sea fisheries resources in

Wales and the Welsh Zone is carried out in a sustainable way.

(2)	At intervals of no more than four calendar years, Welsh Ministers shall make a

report to the National Assembly for Wales on how they have discharged their

powers in accordance with subsection (1).

(3)	The first report of this kind shall be made within four calendar years of the

enactment of this Act.

(4)	A report made under this section must include—

(a)	an assessment of the extent to which the exploitation of sea fisheries

resources in the Welsh Zone is carried out in a sustainable way;

(b)	actions the Minister has taken in order to seek to ensure that the

conservation objectives of marine conservation zones are furthered,

insofar as these actions relate to fisheries management;

(c)	actions the Minister will take in the light of the assessment provided in

the report, in pursuance of the objective in subsection (1);

(d)	any other matter relating to the management of sea fisheries resources

that the Minister considers appropriate.’.

Transfers of powers in relation to fisheries

Roger Williams

Andrew George

NC3

To move the following Clause:—

‘In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly

Measures), in field 1 (agriculture, fisheries, forestry and rural development)

insert—

“Matter 1.1A

Provision to confer a statutory duty upon Welsh Ministers in relation to

the management of fisheries.”’.

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Revised 2 July 2009