Clause 221
Marine and Coastal Access Bill [Lords]
4:30 pm
Martin Salter (Reading West, Labour)
Very good chairing, Mr. Gale, and frighteningly quick. Clause 221 amends section 212 of the Water Resources Act 1991. I have been persuaded not to table an amendment to the clause. I am not having second thoughts, but I am slightly queasy having looked at the issue again. Section 212 of the 1991 Act gives fishery owners who are affected by certain byelaw changes the right to claim compensation. That is clearly outdated. Sea fishermen have no right to claim compensation if a decision on quotas is made for sound conservation reasons. Why on earth should owners of inland fisheries, such as a put-and-take rainbow trout fishery in which the hon. Member for Broxbourne might recreate with his fishing rod, be able to claim compensation if such a decision is made by the Environment Agency or other competent body for good scientific, environmental or ecological reasons?
Clause 221(2), which amends the Water Resources Act 1991, states:
“In subsection (1), for the words from ‘the claim’ to the end substitute ‘the Agency”—
meaning the Environment Agency—
“may pay that person such amount by way of compensation as it considers appropriate.’”
However, I would rather delete the subsection altogether. The Joint Committee considered evidence that led us to conclude that there are times when the Environment Agency is nervous about making the right byelaws, or taking the right decision for fisheries and the environment, because of the threat of compensation. What I want to know from the Minister is exactly how the phrase “as it considers appropriate” will be interpreted. If “appropriate” means a big fat zero, that is very appropriate from where I stand, as there needs to be a level playing field. If the word “appropriate” is going to continue to raise doubts in the minds of officials, particularly in the EA—I have praised them this morning, but they can be risk-averse at times—and if it will hinder them from taking decisions that will benefit the environment, I remain concerned.