1385

House of Commons

Tuesday 27 October 2009

Consideration of Bill

New Amendments handed in are marked thus

Marine and Coastal Access Bill [Lords], As Amended

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Note

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

[26 October].

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

Schedules relating to part 1

Marine renewable energy installations

Dr Desmond Turner

Dr Alan Whitehead

Colin Challen

Mr Tim Yeo

Mr Martin Caton

NC9

To move the following Clause:—

‘Marine renewable energy installations shall be considered as a special category

amongst socio-economic considerations in view of their wider environmental

benefit and applications to site such installations should be favourably

considered, including in marine conservation zones.’.

Mr Richard Benyon

30

Page  2,  line  7  [Clause  2],  leave out from the first ‘of’ to ‘sustainable’ in line 8 and

insert ‘furthering’.

Consideration of Bill: 27 October 2009

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Marine and Coastal Access Bill [Lords], continued

Mr Richard Benyon

31

Page  2,  line  26  [Clause  2],  leave out ‘contribution to the achievement of’ and insert

‘furthering of’.

Dr Desmond Turner

Dr Alan Whitehead

Colin Challen

Mr Tim Yeo

Mr Martin Caton

25

Page  8,  line  10  [Clause  12],  leave out from ‘capacity’ to the end of line 13 and

insert ‘of less than 1MW.’.

Dr Desmond Turner

Dr Alan Whitehead

Colin Challen

Mr Tim Yeo

Mr Martin Caton

26

Page  9,  line  12  [Clause  13],  leave out from ‘capacity’ to the end of line 15 and

insert ‘of less than 1MW.’.

Mr Richard Benyon

39

Page  229,  line  16  [Schedule  1],  at end insert—

‘(3)	The MMO may seek advice from appropriate external bodies.’.

John McDonnell

45

Page  229,  line  18  [Schedule  1],  leave out paragraph (1) and insert—

‘(1)	The MMO shall pay such remuneration and allowances as are commensurate

with those of directly employed DEFRA employees.

(1A)	The MMO shall negotiate staff remuneration and allowances with the

recognised trade unions.’.

John McDonnell

46

Page  229,  line  23  [Schedule  1],  leave out from ‘The’ to end of line 25 and insert

‘MMO shall—

(a)	pay allowances or gratuities as it may determine to or in respect of any

person who is or has been an employee of the MMO;

Consideration of Bill: 27 October 2009

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Marine and Coastal Access Bill [Lords], continued

(ab)	ensure that all current and future MMO staff are entitled to membership

of the civil service pension scheme;’.

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

Schedules relating to part 2

Secretary Hilary Benn

10

Page  238  [Schedule  4],  leave out lines 21 to 23 and insert—

‘(1)	The Energy Act 2008 (c. 32) is amended as follows.

(2)	In section 1 (exploitation of areas outside the territorial sea for gas importation

and storage), for subsection (5) substitute—’.

Secretary Hilary Benn

11

Page  238,  line  32  [Schedule  4],  at end insert—

‘()	In section 35 (interpretation of Chapter 3), in subsection (1), for the definition

of “Gas Importation and Storage Zone” substitute—

““Gas Importation and Storage Zone” is to be read in accordance with

section 1(5);”.’.

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

Schedules relating to part 3

Secretary Hilary Benn

4

Page  27,  line  2  [Clause  44],  leave out ‘furthering’ and insert ‘contributing to’.

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

Schedules relating to part 4

Mr Austin Mitchell

15

Page  45,  line  3  [Clause  66],  at end insert—

‘(c)	no item applies to any form of fishing activity.’.

Mr Richard Benyon

36

Page  45,  line  3  [Clause  66],  at end insert—

‘(c)	nothing therein shall be taken to apply to any form of commercial sea

fishing by any method.’.

Consideration of Bill: 27 October 2009

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Marine and Coastal Access Bill [Lords], continued

Mr Frank Doran

41

Page  45,  line  8  [Clause  66],  at end insert—

‘(5)	For the purposes of this Part, a licence granted under section 4 of the Sea Fish

(Conservation) Act 1967 is a marine licence permitting the holder to carry on

marine activity to the extent permitted by the licence conditions permitted under

that Act.’.

Remaining new Clauses and new Schedules, remaining proceedings on

consideration

Regulation of cargo transfers

Mark Lazarowicz

NC1

To move the following Clause:—

‘(1)	Section 130 of the Merchant Shipping Act 1995 (c. 21) is amended as follows.

(2)	After subsection (4) insert—

“(5)    

(a)	The Secretary of State shall make regulations about the cargo

transfer of oil and oil products.

(b)	Before making regulations the Secretary of State must consult—

(i)	any persons who the Secretary of State thinks are likely

to be interested in, or affected by, the making of

regulations,

(ii)	the Welsh Ministers,

(iii)

the Scottish Ministers,

(iv)	the Department of the Environment in Northern Ireland,

(v)	Natural England.

(6)	In making regulations under subsection (5), the Secretary of State shall

have a duty to observe the following principles—

(a)	cargo transfers of oil and oil products in United Kingdom waters

shall be prohibited except within such areas or in such

circumstances as the Secretary of State shall designate within the

regulations referred to in subsection (5);

(b)	a transfer or programme of transfers shall be considered as an

“oil handling facility” in terms of the Merchant Shipping (Oil

Pollution Preparedness, Response and Co-operation

Convention) Regulations 1998 (S.I. 1998/1056);

(c)	a transfer or programme of transfers shall be considered as a

“plan or project” in terms of the Conservation (Natural Habitats

&c.) Regulations 1994 (S.I. 1994/2716); and

(d)	a transfer or programme of transfers may be considered an

Annex II project “surface storage of fossil fuels” in terms of the

Consideration of Bill: 27 October 2009

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Marine and Coastal Access Bill [Lords], continued

Marine Works (Environmental Impact Assessment) Regulations

2007 (S.I. 2007/1518).

(7)	Regulations must be made under subsection (5) not later than 6 months

after the day on which the Marine and Coastal Access Act 2009 receives

Royal Assent”.’.

Secretary Hilary Benn

9

Page  217,  line  41  [Clause  311],  at end insert—

‘( )	section 141(4A);’.

Secretary Hilary Benn

14

Page  326,  line  18  [Schedule  22],  column 2, leave out ‘21’ and insert ‘22’.

Order of the House [23 JUNE 2009]

That the following provisions shall apply to the Marine and Coastal Access Bill

[Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 16 July 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Consideration of Bill: 27 October 2009

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Marine and Coastal Access Bill [Lords], continued

Order of the House [26 October 2009]

That the Order of 23 June 2009 (Marine and Coastal Access Bill [Lords] (Programme))

be varied as follows:

1.	Paragraphs 4 and 5 of the Order shall be omitted.

2.	Proceedings on consideration and Third Reading shall be concluded in two

days.

3.	Proceedings on consideration shall be taken on each of those days as shown

in the following Table and in the order so shown.

4.	Each part of the proceedings shall (so far as not previously concluded) be

brought to a conclusion at the time specified in relation to it in the second

column of the Table.

	First day
	Proceedings	Time for conclusion of proceedings
	New Clauses, amendments to	The moment of interruption.
	Clauses, new Schedules and
	amendments to Schedules relating
	to Part 6; new Clauses,
	amendments to Clauses, new
	Schedules and amendments to
	Schedules relating to Part 9; new
	Clauses, amendments to Clauses,
	new Schedules and amendments to
	Schedules relating to Part 5; new
	Clauses, amendments to Clauses,
	new Schedules and amendments to
	Schedules relating to Part 7; new
	Clauses, amendments to Clauses,
	new Schedules and amendments to
	Schedules relating to Part 8.

	Second day
	Proceedings	Time for conclusion of proceedings
	New Clauses, amendments to	6.00 pm.
	Clauses, new Schedules and
	amendments to Schedules relating
	to Part 1; new Clauses,
	amendments to Clauses, new
	Schedules and amendments to
	Schedules relating to Part 2; new
	Clauses, amendments to Clauses,
	new Schedules and amendments to
	Schedules relating to Part 3; new
	Clauses,  amendments    to    Clauses,

Consideration of Bill: 27 October 2009

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Marine and Coastal Access Bill [Lords], continued

new Schedules and amendments to

Schedules relating to Part 4;

remaining new Clauses and new

Schedules; remaining proceedings

on consideration.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at 7.00 pm on the second day.

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Revised 27 October 2009