House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

7

House of Commons

Thursday 2 July 2009

Public Bill Committee Proceedings

Marine and Coastal Access Bill [Lords]

[Third and Fourth Sittings]

Clauses 128 to 139 Agreed to.

Andrew George

Withdrawn  39

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

disturbs’.

Clause Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Withdrawn  18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

Withdrawn  35

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

‘(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.’.

Clause Agreed to.

Public Bill Committee Proceedings: 2 July 2009
8

Marine and Coastal Access Bill-[ [], continued

Clauses 142 to 144 Agreed to.

Schedule 10 Agreed to.

Clauses 145 and 146 Agreed to.

Schedules 11 and 12 Agreed to.

Clauses 147 and 148 Agreed to.

Schedule 13 Agreed to.

Clause 1 Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Withdrawn  4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.’.

Andrew George

Mr Roger Williams

Withdrawn  28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

Withdrawn  30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.’.

Schedule Agreed to.

Schedule 2 Agreed to.

Public Bill Committee Proceedings: 2 July 2009
9

Marine and Coastal Access Bill-[ [], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Negatived on division  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’.

Andrew George

Mr Roger Williams

Not called  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

Withdrawn  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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Martin Salter

Not called  2

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

‘furthering of’.

Clause Agreed to.

Huw Irranca-Davies

Agreed to  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’.

Clause, as amended, Agreed to.

Clauses 8 to 15 Agreed to.

Public Bill Committee Proceedings: 2 July 2009
10

Marine and Coastal Access Bill-[ [], continued

Andrew George

Mr Roger Williams

Negatived on division  27

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

‘(f)
any coastal local authority;

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

Clause Agreed to.

Clauses 17 to 20 Agreed to.

Huw Irranca-Davies

Agreed to  21

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

Clause, as amended, Agreed to.

Clause 22 Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Negatived on division  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

Negatived on division  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

Public Bill Committee Proceedings: 2 July 2009
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Marine and Coastal Access Bill-[ [], continued

(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—

(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

Negatived on division  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—

Public Bill Committee Proceedings: 2 July 2009
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Marine and Coastal Access Bill-[ [], continued

“(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

Commission has taken account of the Marine Management

Organisation’s advice.”’.

Clause Agreed to.

[Adjourned until Tuesday 7 July at 10.30 am