Clause 141
Marine and Coastal Access Bill [Lords]
9:45 am
Ann McKechin (Parliamentary Under-Secretary, Scotland Office; Glasgow North, Labour)
When I first saw the amendment, I thought back many years ago to when I was studying law at university and the wonderful case from, I think, the 19th century. While a chap was away at sea, a law was changed at Westminster. He came back, went onshore and duly committed the said statutory offence. He gave as a defence the fact that he could not have known about the change in the law. That was absolutely correct. Regrettably, the finding was that ignorance of the law was not an excuse, although it is probably a pretty good plea in mitigation.
To return to the amendment, most activities in the sea are carefully regulated. Some, however, have traditionally been considered to have such a low impact on the environment that there is no need to regulate them. We now know that in some circumstances even these activities can have an adverse impact on conservation objectives—we are talking in the main about recreational activities such as boating, jet skiing, which my hon. Friend the Member for Carmarthen, West and South Pembrokeshire mentioned earlier, and diving. The byelaw provisions for this part of the Bill are intended to enable us to regulate those activities as necessary.
Offences under MMO byelaws will be strict liability offences. We had an interesting discussing on the previous amendment about proof, successful prosecutions and the consequent deterrent effect. This is consistent with treatment of some other offences elsewhere under the Bill such as byelaws made by inshore fisheries and conservation authorities and other legislation for regulatory offences. Examples of possible offences are speeding, anchoring in a prohibited area or taking prohibited species when diving. I entirely understand where the aim of the amendment and the concerns raised by the Royal Yachting Association. We do not want to make criminals of those who take all reasonable steps to comply with the law.