House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 26 October 2009
444

Marine and Coastal Access Bill-[ [], continued

‘(7A)
In considering the setting of the conservation objectives for the MCZ (under

subsection 2) the appropriate authority shall have regard to the economic and

social consequences of doing so; particularly in respect of traditional or long

established marine activities.’.

Ms Angela C. Smith

Paddy Tipping

Andrew George

Mr Roger Williams

Not called  2

Page  82,  line  18  [Clause  123],  at end insert—

‘(d)
that the network includes highly protected sites.’.

Andrew George

Not called  18

Page  83,  line  40  [Clause  124],  at end insert—

‘(ea)
the extent to which, in the opinion of the authority, the operation of the

MCZs have had an impact upon the marine economy in general and the

commercial and recreational fishing industry in particular;’.

Mr Austin Mitchell

Not called  44

Page  83,  line  43  [Clause  124],  at end insert—

‘(2A)
The appropriate authority must also make annual assessments of the cost and

impact of the MCZs to the fishing industry and submit these to the Secretary of

State, Welsh Ministers or Scottish Ministers who must manage and mitigate such

effects.’.

Andrew George

Mr Austin Mitchell

Not called  19

Page  85,  line  26  [Clause  125],  at end insert—

‘(11A)
In carrying out its duties under this section a public authority must have regard to

the social and economic consequences of its acts.’.

Andrew George

Not called  22

Page  86,  line  42  [Clause  126],  at end insert—

Report Stage Proceedings: 26 October 2009
445

Marine and Coastal Access Bill-[ [], continued

‘(10A)
In carrying out its duties under this section a public authority must have regard to

the social and economic consequences of its decisions.’.

Andrew George

Not called  20

Page  88,  line  39  [Clause  130],  leave out ‘(7)’ and insert ‘(8)’.

Andrew George

Mr Austin Mitchell

Not called  21

Page  89,  line  6  [Clause  130],  at end insert—

‘(4A)
In drawing up any byelaw under this section the MMO must have regard to any

social or economic consequences.’.

Mr Austin Mitchell

Not called  24

Page  95,  line  44  [Clause  141],  at end insert—

‘(g)
was done by a person fishing in a responsible manner within an MCZ and

the act resulted in damage which that person could not have avoided.’.

Mr Elliot Morley

Not called  28

Page  96,  line  9  [Clause  141],  at end insert—

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

zone in a location where foreign vessels have fishing rights, and’.

Andrew George

Not called  23

Page  96  [Clause  141],  leave out lines 10 and 11 and insert—

‘(b)

(i)
the person was aware of the protected feature in question;

(ii)
there was no intention of causing damage to a protected feature;

and

(iii)
they took all reasonable steps to avoid causing damage or a

contravention.’.

Secretary Hilary Benn

Agreed to  5

Page  96,  line  11  [Clause  141],  at end insert—

Report Stage Proceedings: 26 October 2009
446

Marine and Coastal Access Bill-[ [], continued

‘(4A)
The Secretary of State may by order amend this section so as to remove, or restrict

the application of, the defence provided by subsection (4).’.

Andrew George

Not called  42

Page  96,  line  11  [Clause  141],  at end insert—

‘(4A)
The Secretary of State must make regulations by statutory instrument that make

provision for the equal treatment of—

(a)
UK registered vessels,

(b)
other EU registered vessels and

(c)
third country vessels,


in relation to the contravention of byelaws and offences under sections 129 to

141.’.

Mr Elliot Morley

Not called  29

Page  96,  line  21  [Clause  141],  at end insert—

‘ “foreign vessel” means any vessel other than a relevant British vessel,

Scottish fishing boat or a Northern Ireland fishing boat.’.

Secretary Hilary Benn

Agreed to  12

Page  274,  line  39  [Schedule  13],  at end insert—

      ‘()
After subsection (6) (when notification ceases to have effect) insert—

“(6A)
Subsection (6)(b) does not apply in a case where notice has been given

to Natural England under section 28CB(3).”’.

New clauses, Amendments to Clauses, New Schedules and Amendments to

Schedules relating to part 7

Mr Austin Mitchell

Mr Richard Benyon

Sir Robert Smith

Mr Alistair Carmichael

John Thurso

Andrew George

Not called  17

Page  145,  line  22  [Clause  229],  leave out paragraph (a).

Report Stage Proceedings: 26 October 2009
447

Marine and Coastal Access Bill-[ [], continued

Secretary Hilary Benn

Agreed to  13

Page  285,  line  22  [Schedule  16],  leave out ‘21’ and insert ‘22’.

New clauses, Amendments to Clauses, New Schedules and Amendments to

Schedules relating to part 8

Mr Richard Benyon

Not called  38

Page  165,  line  17  [Clause  254],  at end insert—

‘(2A)
Before making a direction under subsection (2)(a) or (b) the officer shall consult

the port to which the vessel or marine installation is proposed to be directed.’.

Bill to be further considered tomorrow.