Clause 197
Marine and Coastal Access Bill [Lords]
12:45 pm

Photo of Huw Irranca-Davies

Huw Irranca-Davies (Parliamentary Under-Secretary (Marine and Natural Environment), Department for Environment, Food and Rural Affairs; Ogmore, Labour)

Part 7 makes changes to the Sea Fisheries (Shellfish) Act 1967, under which applications can be made for several and regulating orders that allow the cultivation of shellfish and the regulation of wild shellfisheries. The changes that we hope to make will reduce the cost and burden of applying for several or regulating orders and ensure that they can be used effectively. It will achieve that in part by removing the current criteria under which public inquiries are triggered during application.

Several orders essentially grant an exclusive right to develop a private fishery to the grantee, either an individual or a company. Regulating orders either impose restrictions or make regulations regarding the dredging, fishing and taking of shellfish specified in the order. Regulating orders also allow grantees to introduce quotas for shellfish stocks and a system of licensing to restrict the number of persons authorised to exploit the fishery. The orders offer an attractive and sustainable alternative to the uncertainties of fishing for wild stocks and provide for the improved management of shellfisheries.

In the other place, Baroness Miller of Chilthorne Domer and Baroness Wilcox spoke passionately about the shellfish industry and the problems that it faces as a consequence of a long-running court case in the Menai strait, which hon. Members will be aware of. The Government listened carefully to their concerns on the Floor of that House and I have met both Baronesses separately to discuss their concerns. My noble Friend Lord Hunt of Kings Heath indicated on Report that the Government would be prepared to bring forward amendments to the Bill in this House, and we are trying  to make good on that commitment today. Government amendments 56 to 58, 62 and new clause 5 are intended to deliver on that commitment and resolve the current impasse on the granting of new shellfish orders, which has resulted from the Menai strait court case. In simple terms, the Crown is no longer consenting under the present system to any orders where its land is concerned, and shellfish development opportunities are being lost.

All sides agree that the present situation simply cannot continue. I pay tribute to my officials at this point, because they have worked extremely hard to come up with proposals that offer a balance between the needs of shellfisheries and the rights of landowners. I genuinely believe that these amendments and new clause offer the very best solution to shellfishermen and landowners. The Government are committed to ensuring that shellfisheries have a viable future and this is our opportunity to make that commitment a reality.

I am aware that some aspects of these amendments are technical. With your permission, Mr. Gale, I shall discuss them at some length, because they are detailed. As a package, they deliver what the Government intended to do and what we promised in the other place.

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