Clause 120
Marine and Coastal Access Bill [Lords]
12:00 pm
Ann McKechin (Parliamentary Under-Secretary, Scotland Office; Glasgow North, Labour)
I fully agree with the sensible intent behind the amendment. We have to make sure that we take every reasonable step to ensure that people who are likely to be affected by an order are made aware of it. Indeed, the issue is already covered by the Bill. I draw the attention of the hon. Member for Newbury to an earlier part of the clause that states that the appropriate authority must publish notice of the making of an order
“in such manner as the appropriate authority thinks is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it”.
I assure the hon. Gentleman that organisations such as the RYA, which shares his concerns, would certainly be included in that definition.
The clause places a duty on the appropriate authority to do everything it reasonably can to bring an order to the attention of people and organisations likely to be affected. It also requires the appropriate authority to make sure that a copy of the order is available for inspection, and to provide a copy to people who ask for one. The provision is all about transparency and is very important, because protection of MCZs will only be improved when more people are aware of their existence and appreciate what they are for. We have no wish to have people unwittingly contravening orders because we have failed properly to publicise them.
In practice, I anticipate that the appropriate authority will publish the order in an appropriate manner, with notifying organisations likely to be affected by e-mail or letter. Organisations would, I believe, include the RYA, but they are also very likely to include local representative organisations which may, in fact, be more directly affected than some members of the RYA. We do not simply send everything to everyone, which would be a disproportionate burden; we must allow the appropriate authority some discretion to make the judgment based on its experience and expertise of marine matters about who is likely to be affected. In doing so, it has to act reasonably. I believe the clause, as it stands, strikes the right note, and I hope that with the assurances I have given today the hon. Gentleman will withdraw the amendment.