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79 Marine and Coastal Access Bill
[Lords]
26 OCTOBER 2009 Marine and Coastal Access Bill
[Lords]
80
[Mr. Benyon]
for Southampton, Test. I have had conversations with
that estate since, and it is taking the matter very seriously;
for example, it makes considerable efforts to achieve
Amendment 44, page 83, line 43, 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
public access in areas such as education. The language such effects.’.
in these debates can easily demonise people who are in Amendment 24, in clause 141, page 95, line 44, at end
fact doing immense work to achieve greater understanding insert—
about the countryside and greater access for all sorts of
people. The Minister’s words will be well heard.
‘(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.’.
Estuaries are very complicated areas to which to
deliver access. There tends to be a greater level of
Amendment 28, page 96, line 9, at end insert—
occupation: more activity going, more boatyards, more ‘(b) the act occurred on the seaward side of the
0-6 nautical mile fisheries zone in a location where
slipways and more residential areas. I liked the phrase
foreign vessels have fishing rights, and’.
that the Minister used—that this will be looked at on a
case-by-case basis. Again, we are putting a lot of hope
Amendment 23, page 96, leave out lines 10 and 11
in the idea that Natural England will approach this
and insert—
issue in the right way. All my discussions with it suggest
‘(b) (i) the person was aware of the protected feature in
question;
that it will, but there will undoubtedly be problems and
(ii) there was no intention of causing damage to a
the Minister will on occasion be required to solve them.
protected feature; and
A three-year review of progress gives us an opportunity
(iii) they took all reasonable steps to avoid causing
to see whether what the Minister wants—and we all
damage or a contravention.’.
want—is happening: greater access to the countryside.
Government amendment 5.
On amendment 37 and liability, I am grateful to the Amendment 42, page 96, line 11, at end insert—
Minister for clarifying the legal position. He said that
‘(4A) The Secretary of State must make regulations by
we do not want to see an over-cautious approach to the
statutory instrument that make provision for the equal treatment
issue of access to countryside. We live in a litigious of—
society. Cycling and equestrian clubs now get members
(a) UK registered vessels,
to sign disclaimers before any activity can take place.
(b) other EU registered vessels and
The degree of bureaucracy is becoming absurd, and to
it can be added Criminal Records Bureau checks and (c) third country vessels,
the other checks that such organisations have to go
through. We do not want to add an horrendous new tier
of liability to the process of simply getting out and
enjoying the countryside and coastal Britain. Of course,
the Minister reminded us that under clause 292(2),
in relation to the contravention of byelaws and offences under
sections 129 to 141.’.
Amendment 29, page 96, line 21, at end insert—
‘ “foreign vessel” means any vessel other than a
relevant British vessel, Scottish fishing boat or a
Natural England and the Secretary of State
Northern Ireland fishing boat.’.
“must have regard to…the safety and convenience of those using Amendment 17, in clause 229, page 145, line 22, leave
the English coastal route”.
out paragraph (a).
With that, I am happy to withdraw my amendment Government amendment 13.
and allow the Bill to proceed to the next phase.
Amendment 15, in clause 66, page 45, line 3, at end
insert—
Amendment, by leave, withdrawn.
‘(c) no item applies to any form of fishing activity.’.
Amendment 36, page 45, line 3, at end insert—
New Clause 8
‘(c) nothing therein shall be taken to apply to any form of
commercial sea fishing by any method.’.
Amendment 41, page 45, line 8, at end insert—
MCZS: DUTY TO MANAGE AND MITIGATE IMPACTS
UPON EXISTING ACTIVITIES
‘(5) For the purposes of this Part, a licence granted under
section 4 of the Sea Fish (Conservation) Act 1967 is a marine
‘The Secretary of State, the Scottish Ministers and the Welsh licence permitting the holder to carry on marine activity to the
Ministers must take all reasonable steps to manage and mitigate extent permitted by the licence conditions permitted under
the impact on fishing and other existing activities resulting from that Act.’.
the designation and management of an MCZ.’.—(Mr. Austin Government amendments 9 and 14.
Mitchell.)
Mr. Mitchell: I wish to discuss not only new clause 8,
Brought up, and read the First time.
but amendments 41, 17, 15 and 24. I wish to do so
because of a concern for the interests of commercial
Mr. Austin Mitchell: I beg to move, That the clause be fishing, which remain a factor, although not as big a
read a Second time.
one as before, in the health and prosperity of Grimsby.
They are more important to communities up and down
Mr. Deputy Speaker (Sir Alan Haselhurst): With this
it will be convenient to discuss the following: amendment 18,
in clause 124, page 83, line 40, at end insert—
the coast—many of them isolated—in which fishing is
the main industry. Their needs, views and industry need
to be taken into account more effectively than they have
‘(ea) the extent to which, in the opinion of the authority, been. I wish that some of the passion, enthusiasm,
the operation of the MCZs have had an impact upon interest and involvement that have just been shown in
the marine economy in general and the commercial discussion of the rights of coastal access in the Bill were
and recreational fishing industry in particular;’. also demonstrated in concern for fishing, because it is a