Clause 119
Marine and Coastal Access Bill [Lords]
12:00 pm
Huw Irranca-Davies (Parliamentary Under-Secretary (Marine and Natural Environment), Department for Environment, Food and Rural Affairs; Ogmore, Labour)
I want to assure the hon. Member for St. Ives that that is the effect of the clause. There is a duty in clause 119(1) for the appropriate authority
“to comply with subsections (2) to (9)”.
That includes, in subsection (2), to
“publish notice of its proposal to make the order.”
Under subsection (3) it must
“(a) be published in such a manner as the appropriate authority thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the order;
(b) contain a statement of the terms of the proposed order.”
That is the effect of the clause. It has flexibility but places that duty on the appropriate authority. Failure to publish and comply with those requirements will be a failure of that duty. I would not want to have an additional tier of monitoring and double-checking. Anybody not properly consulted—who has not been subject to the publication and distribution of the proposals and so on—has the right to take action. A duty to involve all interested persons is clearly stated.