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12 May 2009 : Column 1034

Amendment 113ZA

Tabled by Lord Kingsland

113ZA: Clause 114, page 69, line 22, at end insert—

“( ) In considering whether it is desirable to designate an area as an MCZ, the appropriate authority must take account of all relevant scientific evidence. “Evidence” includes predictions and other opinions resulting from the consideration of evidence by any person.”

Lord Kingsland: My Lords, I speak to this amendment only to respond to the Minister’s observations in the course of the debate that we have recently undertaken.

Given the very firm way in which the Minister stated that Clause 114(1) ineluctably required the contents of my amendment to be respected, I am surprised that he is not prepared to make that crystal clear in the Bill. However, given his statement, I recognise that were there to be any doubts raised about that, and were litigation to be ensued, the statements that the Minister has made in your Lordships’ House this evening would clearly be admissible under the doctrine of Pepper v Hart. I am comforted by that reflection.

Amendment 113ZA not moved.

Consideration on Report adjourned.

House adjourned at 10.03 pm.

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