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45 Marine and Coastal Access Bill 26 OCTOBER 2009 Marine and Coastal Access Bill 46
[Lords]
[Lords]
fisheries would interfere with the lead role in implementation
of the water framework directive and make it more
difficult for Wales to comply with WFD obligations.
That relates to the quality of water, fish and invertebrate
fauna.
It will be possible for Welsh Ministers to make statutory
instruments on the request of the Environment Agency.
Although this will not be as flexible as giving the agency
direct powers to make legislation, the Welsh Assembly
Government chose to bring inshore fisheries management
powers in-house, thereby complicating any subsequent
proposal to delegate them. The Welsh Assembly
Government would effectively give the agency powers
to make byelaws. The issue would require considered,
careful exploration. In the time available, it would be
extremely difficult to draft a sensible proposal, with
input not only from the Welsh Assembly Government
but from external stakeholders.
Martin Salter: May I throw the Minister another
argument that he might wish to pray in aid? If the
Welsh Assembly Government and Welsh Ministers are
so concerned about the issue, why, when the Bill is one
of the most scrutinised pieces of legislation before
Parliament and spent the best part of a year in a Joint
Committee, did we get not a peep out of the Welsh
Assembly Government?
4.45 pm
Huw Irranca-Davies: My hon. Friend has made a
helpful intervention. I would not want to say that the
co-ordination with the Welsh Assembly Government
has been less than exceptionally good throughout the
Bill, but sometimes items come forward relatively late in
the day, when the Bill has formed itself in a certain way
and is hugely difficult to unravel. I hope that the hon.
Member for Brecon and Radnorshire, whose amendment
is well intended, understands that such a change is
completely infeasible at this time. However, as a result
of the Bill, WAG will take IFCAs in-house and be able
to delegate functions, by order, to the Environment
Agency. They have flexibility, although it might not be
as neat as they now want. However, they can get on with
it, which will be a massive improvement.
Question put and agreed to.
New clause 2 accordingly read a Second time, and
added to the Bill.
New Clause 3
ELIGIBLE BODIES
‘(1) In this Chapter “eligible body”, in relation to an
agreement entered into by the authority for an IFC district,
means any body in the following list—
(a) the authority for any IFC district that adjoins the
district;
(b) the Environment Agency.
(2) The Secretary of State may by order amend subsection (1)
so as to—
(a) add any body or description of body to the list, or
(b) remove any body or description of body from it.
(3) The Secretary of State may not exercise the power
conferred by subsection (2)(a) unless—
(a) the body, or every body of the description, to be added
to the list is a public body, and
(b) the Secretary of State is satisfied that at least one of
the purposes or functions of the body, or bodies of
the description, to be added to the list is, or is related
to or connected with, an inshore marine function.
(4) In this section “inshore marine function” means any
function which relates to, or whose exercise is capable of
affecting, the whole or any part of the English inshore
region.’.—(Huw Irranca-Davies.)
Brought up, read the First and Second time, and added
to the Bill.
New Clause 4
VARIATION, REVIEW AND CANCELLATION OF
AGREEMENTS UNDER SECTION [POWER TO ENTER INTO
AGREEMENTS WITH ELIGIBLE BODIES]
‘(1) Subject to subsection (3), the Secretary of State—
(a) must review an agreement no later than the end of the
period of 5 years beginning with the date on which
the agreement was entered into or was last reviewed
by the Secretary of State, and
(b) if it appears appropriate to do so in the light of the
review, may cancel the agreement.
(2) Subject to subsection (3), an agreement may not be varied
except—
(a) by agreement between the IFC authority and the
eligible body, and
(b) with the approval of the Secretary of State.
(3) An approval given under section [Power to enter into
agreements with eligible bodies](1) may provide that
subsection (1) or (2) of this section does not apply (or that both
of them do not apply).’.—(Huw Irranca-Davies.)
Brought up, read the First and Second time, and added
to the Bill.
New Clause 5
AGREEMENTS UNDER SECTION [POWER TO ENTER INTO
AGREEMENTS WITH ELIGIBLE BODIES]: PARTICULAR
POWERS
‘(1) The fact that a function is conferred by or under this Act
or an Act passed after the passing of this Act does not prevent it
from being the subject of an agreement.
(2) An IFC authority may, under an agreement, authorise an
eligible body to perform a function even though, under the
enactment or subordinate legislation conferring that function on
the IFC authority,—
(a) the function is conferred on the IFC authority by
reference to specified circumstances or cases and the
same type of function is conferred on the eligible
body in different specified circumstances or cases,
(b) the function is exercisable by the IFC authority and the
eligible body jointly,
(c) the eligible body is required to be, or may be, consulted
about the function (whether generally or in specified
circumstances), or
(d) the eligible body is required to consent to the exercise
of the function (whether generally or in specified
circumstances).
(3) An agreement may provide—
(a) for the performance of a function to be subject to the
fulfilment of conditions;
(b) for payments to be made in respect of the performance
of the function.
(4) Any eligible body which is authorised under an agreement
to perform a function—
(a) is to be treated as having power to do so;