New clause 2 - Ministerial guidance as respects
Marine Wildlife Conservation Bill
12:00 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
As the hon. Gentleman has just stated, the new clause requires the Secretary of State and the National Assembly for Wales to prepare codes, and applies section 33 of the Wildlife and Countryside Act 1981. Although we would look favourably on a need to produce guidance on the operation of the Bill, we consider that repeating the provisions of section 33 of the Wildlife and Countryside Act is unnecessary, and a simple provision requiring the Secretary of State to issue guidance would suffice.
Guidance issued under section 33 cannot be easily revised, because it has to go through the unusual process of approval and debate by both Houses of Parliament. The modern practice—under a modernising Government, I hope—is to undertake full public consultation before laying such codes for annulment. If we propose an amendment relating to guidance, we are likely to opt for a simpler procedure. Where guidance on a Bill such as this is issued by Ministers, I can assure the Committee, not least after all the discussion that we have had this morning, that a draft would be issued only following full public consultation, including consultation with the conservation agencies and other Government Departments. On that basis, I hope that the amendment can be withdrawn.