Clause 141
Marine and Coastal Access Bill [Lords]
9:45 am
Ann McKechin (Parliamentary Under-Secretary, Scotland Office; Glasgow North, Labour)
I hope that my later comments will reassure my hon. Friend. If an offence was not clear or a person cannot reasonably have known he was committing the offence, the chances of securing a conviction would be very low. It would be very unlikely to be in the public interest to prosecute. At the same time, we do not think that the Bill is the right place to include due diligence provisions, because it is better addressed through the secondary legislation itself.
The power to make byelaws is broad enough to enable the MMO to provide a due diligence defence in specific byelaws where that is appropriate. Other relevant areas of legislation have already taken this approach. For example, some harbour byelaws and the byelaws for lakes such as Windermere both specify the geographical area in which they apply, similar to the way in which the MMO byelaws will, and contain a due diligence defence. I can tell the hon. Gentleman and my hon. Friend that if a due diligence defence is necessary and appropriate in a byelaw, it will be included. I hope that provides sufficient reassurance for the hon. Gentleman to enable him to withdraw his amendment.