Clause 5 - Directions in relation to management scheme
Marine Wildlife Conservation Bill
Public Bill Committees, 21 November 2001, 11:45 am

Mr Andrew George (St Ives, Liberal Democrat)
I beg to move amendment No. 8, in page 4, line 22, at the beginning insert
`Without prejudice to subsection (1),'.
The purpose of my minor drafting amendment is to clarify what I imagine was intended, which may need to be emphasised in the light of the previous debate. I want to clarify the fact that the reasons for which directions could be made include, but would not be restricted to, the reasons given in the three paragraphs of subsection (2). Subsection (1) proposes to provide the Secretary of State and the National Assembly of Wales with the power to direct
``relevant marine authorities . . . as to the establishment of a management scheme for a marine site of special interest.''
Subsection (2) sets out some of the matters for which the power of direction may be used. However, these are not the only matters under consideration. The amendment is designed to clarify the matters set out in subsection (2). However, it does not prejudice the possibility of there being other matters for which the Secretary of State or the National Assembly for Wales may see fit to make a direction in relation to management schemes for marine sites of special interest.

Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West & Royton, Labour)
I appreciate what the hon. Gentleman said about the purpose of the amendment. However, we believe that it is unnecessary because the clause already achieves the outcome he wants. The hon. Gentleman is seeking to ensure that directions by the Secretary of State or the National Assembly for Wales for the establishment of a management scheme for a marine site include, but are not restricted to, the matters listed in subsection (2). By including the phrase ``directions may in particular'', the clause already gives the Secretary of State or the National Assembly for Wales the discretion to issue directions for reasons not included in the list in subsection (2). For the record, that is consistent with regulation 35(2) of the Conservation (Natural Habitats &c.) Regulations 1994, which deals with management schemes for the marine Natura 2000 sites. We want to maintain that consistency. I hope that the hon. Gentleman is satisfied that what he wants has already been achieved, and that he will withdraw the amendment.

Mr Andrew George (St Ives, Liberal Democrat)
I am grateful to the Minister for the clarification. I am glad that the issue has been raised so that that clarification can be put on the record to prevent any future confusion over the wording. I apologise for being obliged to leave the Committee in a moment, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 5 ordered to stand part of the Bill.
Clauses 6 to 8 ordered to stand part of the Bill.
