Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West & Royton, Labour)

It is essential to give organisations with an advisory function clear target periods within which to provide advice. Without a clear time frame, there could be unacceptable delays to the determination of authorisations and consents, and the hon. Member for Ceredigion rightly drew attention to that. I am pleased, therefore, that the hon. Member for Uxbridge has, through amendment No. 3, made the time period consistent with that for similar activities within sites of special scientific interest.

We are not convinced, however, that there is a need for amendment No. 4. I listened to the hon. Gentleman's explanation about the slight change of wording making the clause consistent with the Wildlife and Countryside Act 1981, but in our view that does not have any practical effect. The hon. Gentleman did not say that it did, merely that it would bring it into line with the terminology in the earlier Act.

For marine sites of special interest to work, competent marine authorities should normally notify the conservation agencies when they intend to carry out or permit the carrying out of operations likely to damage MSSIs—an acronym that will no doubt enter the English language. Such authorities would take account of any advice that conservation agencies might provide about operations notified to them, and they would give such advice due consideration. Whichever wording is used, it is not a material point, and we are agreed on the point of substance. This is a key clause in ensuring that the Bill's conservation objectives and the socio-economic interests that operate in marine areas are brought together so that a balanced consideration of all issues surrounding the authorisation of consents can take place.

It is vital that the views of the conservation agencies are sought when operations that are likely to damage the special features of a site are being considered. That will give an opportunity for competent marine authorities to consider any likely damage to a site by activities that they have authorised. I am pleased that the clause accepts the principle that competent marine authorities should have the discretion to set aside advice from conservation agencies about operations affecting marine sites, but that is what we expect when we use phrases such as ``take account of'' or ``take into account''. The way in which such legislation is drafted by convention in statute does not mean that it is merely cosmetic; it means giving full, adequate and proper consideration, whatever the final decision may be.

The Government are concerned that, leaving aside the time limit for conservation agencies to respond, the proposed amendment does not address other Government concerns, which I shall briefly—taking account of your stricture, Mr. Gale—set out. It must be made clear which body takes responsibility for assessing whether an activity is likely to damage a feature for which a site was designated, and how such activities would be identified.

The amendment does not allow for the possibility of emergency action that might damage marine sites, on which it would be impossible to obtain advice from conservation agencies. These are reasonable points that must be addressed. They might be covered by the conservation statement for the site required by clause 1(4), but we should like more time to draw a firm conclusion about whether that would be an appropriate mechanism, or whether something else is needed.

As I have outlined, we agree with much of what the amendments tabled by the hon. Member for Uxbridge are trying to achieve. However, we have other concerns about the clause that are not covered by those amendments. On that basis, I am happy to take on board the hon. Gentleman's views about the time limit for the conservation agencies' advice, and I will table a suitable amendment to address both his and our concerns. With that assurance, I hope that the hon. Gentleman will be willing to withdraw the amendment.

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