Clause 126
Marine and Coastal Access Bill [Lords]
6:45 pm
Huw Irranca-Davies (Parliamentary Under-Secretary (Marine and Natural Environment), Department for Environment, Food and Rural Affairs; Ogmore, Labour)
It may be worth giving an example to illustrate how it might work. “Public authorities” are defined in clause 316, and mean a Minister of the Crown, a public body or a public office holder. For nature conservation, the phrase encompasses local authorities, Government bodies, Government Departments, the MMO and local planning authorities. A concrete example is that it could be necessary in some circumstances for a public authority to carry out certain specific activities that will not further the conservation objections for a MCZ. If a local authority needed to repair a lighthouse in an MCZ with a high level of protection, the necessary work may not further the conservation objectives for the site in the short term, so it is important that the Bill provides for such circumstances.
My hon. Friend the Member for Carmarthen, West and South Pembrokeshire raises an important point: what happens if the public authorities fall short or hinder the conservation objectives? We have included provisions in clause 125 to ensure that public authorities are under a duty to carry out their functions in a way that best furthers the conservation objectives for an MCZ. If the statutory conservation body considers that a public body has failed to comply with the duty, clause 128 provides that the statutory conservation body can request an explanation for the failure from that public authority. Whether it is a local authority or somebody making repairs to a lighthouse, they can be pulled up and asked to explain why, in carrying out their work, they did not do their best to protect the interests of the MCZ.