The
Committee consisted of the following
Members:
Chair:
Martin
Caton
†
Bain,
Mr William (Glasgow North East)
(Lab)
†
Benyon,
Richard (Parliamentary Under-Secretary of State for Environment,
Food and Rural Affairs)
†
Goodwill,
Mr Robert (Scarborough and Whitby)
(Con)
†
Hamilton,
Fabian (Leeds North East)
(Lab)
†
Hart,
Simon (Carmarthen West and South Pembrokeshire)
(Con)
†
Jones,
Graham (Hyndburn)
(Lab)
†
Kawczynski,
Daniel (Shrewsbury and Atcham)
(Con)
†
Lammy,
Mr David (Tottenham)
(Lab)
†
Leech,
Mr John (Manchester, Withington)
(LD)
Liddell-Grainger,
Mr Ian (Bridgwater and West Somerset)
(Con)
†
Love,
Mr Andrew (Edmonton)
(Lab/Co-op)
†
Mowat,
David (Warrington South)
(Con)
Paisley,
Ian (North Antrim)
(DUP)
†
Patel,
Priti (Witham) (Con)
†
Uppal,
Paul (Wolverhampton South West)
(Con)
†
Vaz,
Valerie (Walsall South)
(Lab)
†
Ward,
Mr David (Bradford East)
(LD)
†
Wicks,
Malcolm (Croydon North)
(Lab)
Alison Groves, Committee
Clerk
† attended the
Committee
The
following also attended
(
Standing Order No.
118(2)
)
:
Robinson,
Mr Geoffrey (Coventry North West)
(Lab)
Third
Delegated Legislation
Committee
Monday
7 March
2011
[Martin
Caton
in the
Chair]
Draft
Marine Licensing (Licence Application Appeals) Regulations
2011
4.30
pm
The
Parliamentary Under-Secretary of State for Environment, Food and Rural
Affairs (Richard Benyon):
I beg to move,
That the
Committee has considered the draft Marine Licensing (Licence
Application Appeals) Regulations 2011.
The
Chair:
With this it will be convenient to consider the
draft Marine Licensing (Notices Appeals) Regulations
2011.
Richard
Benyon:
It is a great pleasure to serve under your
chairmanship, Mr Caton.
The
regulations form part of the new streamlined and transparent marine
licensing system that is to be introduced in April under part 4 of the
Marine and Coastal Access Act 2009, which was broadly welcomed by all
parties when it was debated in the House. The new system replaces two
out-of-date and overlapping pieces of primary legislation: part II of
the Food and Environment Protection Act 1985 and part II of the Coast
Protection Act 1949. A single system will be established for approving
most projects at sea. The Marine Management Organisation, which was
established in April 2010, will carry out most of the Secretary of
State’s licensing and enforcement functions. The Secretary of
State for Energy and Climate Change will license oil and gas-related
activities.
One
feature of a modern, more transparent and accountable licensing system
is the right to challenge a decision made by a regulator. The
regulations establish two rights of appeal. The draft Marine Licensing
(Licence Application Appeals) Regulations 2011 are made under section
73 of the 2009 Act. They allow an applicant to appeal within six months
of a decision being made on their marine licence application to an
independent body. Such appeals will be handled by the Planning
Inspectorate. The regulations set out what an applicant must do to
appeal against a decision, as well as the responsibilities of the
licensing authority and the appeals body. The Planning Inspectorate
will decide whether the appeal is to be considered by means of written
representations, a hearing or an inquiry, based on the complexity of
the case. The rules that apply to each process are set out in the
regulations and have been aligned in general with those of similar
regulatory regimes.
The draft
Marine Licensing (Notices Appeals) Regulations 2011 are made under
section 108 of the 2009 Act. The Act makes provision for a
range of notices to enable a more proportionate approach to enforcement
in the marine environment. That is designed to bring people into
compliance. The regulations set out a right of appeal against certain
notices to the independent first-tier tribunal, which was set up under
the Tribunals, Courts and Enforcement Act 2007 specifically to hear
civil enforcement appeals. The instrument sets out the powers of the
tribunal in relation to appeals against notices, as well as the notices
that can be appealed. Appeals will follow the rules and procedures of
the first-tier tribunal general regulatory chamber, which are
set out in secondary legislation that came into
force in 2009.
The
Government consulted on both sets of regulations during the summer of
2010. Respondents broadly welcomed the introduction of both appeals
mechanisms and the detailed proposals. The Administrations in Scotland,
Wales and Northern Ireland are licensing authorities under part 4 of
the 2009 Act and are each making their own regulations under sections
73 and 108 of it.
I
hope that right hon. and hon. Members will agree that the regulations
provide the right level of transparency and accountability, which the
public have come to expect from modern regulators, and that they will
join me in supporting them.
4.34
pm
Mr
William Bain (Glasgow North East) (Lab):
It is a pleasure
to serve under you in Committee for the first time, Mr Caton.
The
Opposition strongly support the Marine and Coastal Act 2009; indeed, we
introduced it while we were in government. The Act established the
Marine Management Organisation and a more holistic approach to marine
planning, guided by the high-level marine objectives. We agree that the
MMO is the most suitable enforcement agency for marine licensing and
that it must have the ability to impose sanctions, including fines for
non-compliance and the proposed fixed monetary penalties and variable
monetary penalties. There should also be a suitable system for the
resolution of any appeals against such notices and
others.
On
the draft Marine Licensing (Notices Appeals) Regulations 2011, we note
that the results of the consultation process showed support for the
principle of the right to appeal to the first-tier tribunal. We note
from the impact assessment that the assumptions underpinning these
reforms will be tested by a review to be conducted two years after the
introduction of the system of new monetary penalties and notices. We
believe that that is a suitable period in which to conduct such a
review.
We
believe that the draft Marine Licensing (Licence Application Appeals)
Regulations 2011 comply with the Hampton recommendations on taking
unnecessary matters out the courts. The provisions in the draft
regulations are adequate. We strongly supported the 2009 Act and there
is no reason to oppose the passage of both sets of draft
regulations.
4.36
pm
Richard
Benyon:
I am grateful to the hon. Member for Glasgow North
East for his support and I welcome the continuing cross-party support
for the legislation, even though our positions may be reversed from
when the Bill that became the 2009 Act was being considered. The
industry will support the regulations, which offer clarity and are
deregulatory, and I am grateful to the hon. Gentleman for his helpful
support.
Question
put and agreed to.
Draft
Marine Licensing (Notices Appeals) Regulations
2011
Resolved,
That
the Committee has considered the draft Marine Licensing (Notices
Appeals) Regulations 2011.—(Richard
Benyon.)
4.37
pm
Committee
rose.
