Clause 45
Marine and Coastal Access Bill [Lords]
11:45 am
Huw Irranca-Davies (Parliamentary Under-Secretary (Marine and Natural Environment), Department for Environment, Food and Rural Affairs; Ogmore, Labour)
I can give the hon. Gentleman the assurance he seeks. The opening words of the clause, in subsection (1), make clear our intention that an MPS should be prepared by
“all the policy authorities, acting jointly”.
That is what we are trying to get at in the clause, and it is quite a win for the Bill. It is the approach that we and the devolved Administrations are committed to, and it will provide the best foundation for a comprehensive, joined-up and effective planning system.
However, as the hon. Gentleman rightly points out, we must acknowledge the realities of devolution, and the Bill does that. The devolved Administrations may from time to time espouse different policies from those of the UK Government regarding some of the matters being devolved to them, and it would be within their right and power to do so. Despite all the genuine good will—there is real good will on this issue, and the best of intentions—it is not possible to require in law that we must all agree. Otherwise, we risk not having any MPS at all.
For that reason, as the hon. Gentleman has pointed out, the clause enables the Secretary of State to proceed without the involvement of the three devolved Administrations and to act alone if necessary. The Secretary of State must always be involved in preparing and adopting any MPS. That reflects the importance of having an MPS in place to set out the strategic policy framework, even if it is not the joint statement we would always wish to have.
I must say that that is not our preferred position. Therefore, the clause requires that the Secretary of State formally invite “the other policy authorities” to participate before reluctantly taking any decision to proceed alone.