Clause 304
Marine and Coastal Access Bill [Lords]
11:15 am
David Jones (Shadow Minister, Wales; Clwyd West, Conservative)
I want to speak briefly on the clause, which confers primary legislative competence on the Welsh Assembly by inserting two new provisions—matters 16.2 and 16.3—in field 16, which deals with sport and recreation, of the Government of Wales Act 2006. Under matter 16.2, the Assembly would be empowered effectively to create a coastal route in Wales. Matter 16.3, to which I propose to return, would empower it to secure public access to relevant land on the coast. The Assembly provided a memorandum on the background to its application for the powers contained in clause 304 and an indication of how it proposes to exercise them. Will the Minister comment on the indication given in the Assembly’s memorandum that, while the Bill provides for the English coastal access provisions to be binding on the Crown, any provisions in equivalent Assembly legislation would similarly bind the Crown? The memorandum stated:
“However, it is not the Assembly Government’s intention that any Assembly measure”—
the legislation developed pursuant to the powers conferred in matters 16.2 and 16.3—
“should alter, or permit the alteration of, the position with regard to access to land used for purposes within the responsibility of the UK Government without the agreement of the relevant Secretary of State. In this context, land at the coast used for railways, airports...docks, telecommunications, gas, electricity and for military purposes is particularly relevant.”
The memorandum was prepared relatively recently, in June 2009, but I would appreciate the Minister’s confirmation on the record that his understanding is that that intention of the Assembly Government prevails. What would the position be if, for example, a UK Secretary of State wished to withdraw or amend the consent given to the Assembly Government for the preparation of the path? In such circumstances, would the Assembly Government be bound to reconsider and divert the route of the path?
I also wish to raise briefly an issue about the interpretation of clause 304. “Coast” in that clause is defined as
“the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales”.
That is similar to the definition in clause 294, but there is a subtle difference. In clause 294, the English coast
“means the coast of England adjacent to the sea, including the coast of any island (in the sea) comprised in England (other than an excluded island).”
An excluded island is defined as one that
“is neither—
(a) an accessible island, nor
(b) an island specified by the Secretary of State by order for the purposes of this paragraph.”
It seems curious that inaccessible islands appear to be included in the definition of “coast” in clause 304. There are many inaccessible islands around the coast of Wales. If I climb to the top of the hill behind my house I can see Puffin island, which is entirely inaccessible. Perhaps of more significance are islands such as Ynys Elli—Bardsey island—which is much larger but equally inaccessible. Why is there a difference in definition in the Welsh and English provisions in clauses 304 and 294?