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Angela Smith

I absolutely agree. That is why I thought the Opposition Front-Bench spokesman's comments were unnecessary. They were also unwise. The parliamentary candidate who will stand against me in my new constituency attacked my question to the Prime Minister of last autumn about the marine Bill on the grounds of its irrelevance to my constituents, because, like the hon. Lady, I represent a landlocked constituency. It is, however, the headquarters of Natural England, which makes it clear that the whole of this House and this country have an interest in the provisions of this Bill. That attack did not go down well with my constituents, and it did not reflect well on the individual concerned. Any attempt to chip away at the consensus that has built up on this Bill is unnecessary and unhelpful. I therefore welcome the hon. Lady's comments.

The provisions in the Bill relating to the marine environment are broadly to be welcomed, as they are intended to balance the sometimes very different interests that relate to that environment, and the establishment of a marine planning system is one of the central aspects of the Bill. The potential for the development of an ecologically coherent network of marine conservation zones has also been broadly welcomed by many environmental charities. However, some small amendments could still be implemented to make this not just a good Bill, but one to be truly proud of. We need to make sure, for instance, that the Lords amendment to clause 51 is maintained in the Bill, as it requires Ministers to seek to ensure that plans are prepared to cover all UK waters. That is very important if we are to cover both inshore and offshore marine interests.

We need to make sure, too, that the marine management organisation is given an advisory role in decisions made by the Infrastructure Planning Commission. The Planning Act 2008 gave local authorities a special role in decisions made by the IPC for inland infrastructure projects. The MMO ought to be given the same rights in relation to the IPC as those enjoyed by local authorities under the 2008 Act.

We also need to strengthen the clauses relating to the offences of reckless or intentional damage within a marine conservation zone. In particular, the blanket defence against damaging an MCZ by those who are carrying out fishing activities must be removed in the context of those activities that take place within 6 nautical miles of the coast—outside that 6 nautical mile-limit, that is not possible because EU legislation becomes relevant.

Perhaps the biggest change we need to make to the Bill relates to clause 117, which requires a consideration of socio-economic factors when designating MCZs. My view—which has also been expressed across the Chamber and is shared by NGOs such as the Royal Society for the Protection of Birds and the wildlife trusts—is that although socio-economic issues are important, they should not be considered until the later management phase of developing an MCZ has been reached.

In support of this view, I wish to refer to the part of the country where I grew up: the Humber estuary. The Humber is the UK's largest port complex, handling 14 per cent. of our international trade. It has an average of 40,000 ship movements per year. Industrial interests alongside the estuary include not only chemical works such as ICI—and Courtaulds and Titan, as were—but the now infamous oil refineries of Lindsey and Conoco. My family has made much of its living over the past 40 years through deep-sea fishing and working in the chemical factories and refineries. I therefore completely understand the importance of socio-economic factors in the marine environment.

The Humber also supports a rich variety of habitats and species. Because the estuary is so industrial, it is often not understood that it is also very important in terms of conservation. It is recognised as one of the most important estuaries in Europe for over-wintering birds, and it supports nine species of international importance. It is designated as a special area of conservation under the EU habitats directive and a special protection area under the EU birds directive. The area also encompasses numerous nationally important sites of special scientific interest as designated under the Wildlife and Countryside Act 1981. As we know, SSSIs are determined purely on a scientific and conservation basis; no other factors, including socio-economic, are allowed to be considered when SSSIs are so designated. If areas as important as the Humber estuary can on numerous occasions enjoy protection through all the directives I have mentioned and SSSI status and those protections can co-exist alongside the industrial activity that we know is critical to the economy not just of the Humber but of the whole of the north, surely we can put together a Bill that considers only the scientific evidence when it comes to designating marine conservation zones.

— from debate entitled “Marine and Coastal Access Bill [ Lords]”

The three speeches/headings immediately before

  1. 1 earlier: Anne Milton

    Will the hon. Lady join me in explicitly thanking all our constituents? My constituency is quite a long way from the sea, but I have nevertheless been contacted by many constituents, and also by non-governmental organisations and bodies such as the WWF. They have all made this the significant occasion that it is, and caused us all to join together to seek to bring about the successful conclusion of a Bill that will really work.

  2. 2 earlier: Angela Smith

    This Bill presents us with a great opportunity to protect and improve our natural heritage. It is apt that we are considering it 60 years after the establishment of our first national parks through the National Parks and Access to the Countryside Act 1949. We must use this opportunity to get the management and conservation of our marine heritage absolutely right. It is a fantastic opportunity and the public are behind us on this.

    Earlier, an Opposition Front-Bench Member ably pointed to the statistics on this matter, but the Co-op has also undertaken an innovative customer vote on it, and 363,000 customers responded, 83 per cent. of whom were in favour of the introduction of marine reserves. In my constituency, many more than 350 Co-op customers voted in favour of marine reserves. That demonstrates that the people of this island nation of ours remain proud of their coastline and marine heritage.

    I am very glad that there is so much cross-party support for the Bill, and I hope that neither political side will fall back behind the traditional dividing lines in this Chamber. In that respect, I am very sorry that there was an attack earlier from someone on the Opposition Front Bench about the length of time that it took to get this Bill on to the Floor of the House. That was unnecessary.

  3. 3 earlier: Graham Stuart

    I thank the Government Whip for his intervention.

    Many mistakes have been made in the past. There were 3,000 appeals against the mapping following the Countryside and Rights of Way Act, when DEFRA and the Countryside Agency were given responsibility to deliver a right to walk freely on access land and 2,000 of these appeals were upheld. Why have local authorities not been given a formal role in the process? Some concessions have been made but Lord Hunt said in the Joint Committee in the other place that

    "if a local authority decided it wanted to undertake works itself, which it would then be responsible for, the costs would fall on the authority."

    Local authorities should have been the Government's first choice for mapping out the pathway, and they should have received the funding with which to do so. They would have done so informed by local accountability to their electors. They have the local knowledge, contacts and expertise that Natural England lacks. As Lord Taylor of Holbeach said, excluding local authorities from a formal and influential role will deny the route the necessary infrastructure to turn it from an expensive quirk that is used only by the extremely determined to a national resource that provides enjoyment for many. How will the route operate without sensible access roads, adequate parking, and co-ordinated public transport, and how can these be provided except by proper involvement of the authority responsible for them?

    The issue of compensation is one that has come up time and time again. The Government have said that they will not be setting up a compensation scheme for those who lose out financially because of the pathway. This seems to go against the accepted opinion of many. The Select Committee issued a report last year which said that

    "Natural England should be able to compensate land owners and occupiers who can demonstrate they will lose money as a result of the proposals."

    The Countryside Alliance pointed out that owning a property next to the coast can

    "constitute a very immediate asset,"

    especially for many businesses and that the path

    "will have a direct and negative impact on such businesses where privacy, the view, tranquillity etc are key assets of their business."

    Countless organisations told the Select Committee that businesses and home owners should receive compensation. The National Farmers Union said that there were "many examples" of where a proposed coastal route would cause

    "both direct and indirect loss of income or land"

    and that "adequate compensation" would be required. Even the Ramblers said that it would

    "support compensation being paid in the case of demonstrable and significant losses."

    It would be a gross injustice if the Government were to continue to maintain that they would not provide that in implementing their policy proposals. DEFRA's own impact assessment stated that it would be likely that some residential properties would command a lower value were public access rights to be created on, or across part of, a property and that there may be a negative impact on businesses that derive competitive benefit from the availability of exclusive access.

    I believe that this sets a very bad precedent indeed. Natural England's plans will affect all the non-exempt land around the coastline that does not already have decent access. In some sections of the pathway, it will be possible to make use of existing trails that are in place, but this still leaves up to a quarter of the coastline that will need a route to be created from scratch. Thousands of properties will be affected. The Secretary of State has said that

    "land, even private land, is a public good and we should assert our right to enjoy it."

    I find that simply unacceptable. It is not the right of anybody, least of all Government, to come swooping into somebody's private home to disrupt their enjoyment of it. As David Fursdon, president of the Country Land and Business Association, said:

    "It shifts the balance from the protection of the individual to the power of the state."

    Labour Members have said that it is an extremely popular provision. It may be popular, but it is still possible for it to be wrong. It would be even more unacceptable if, having brought about a reduction in the value of a business or property—having swooped in on it—the Government were to fail to offer anything in the way of compensation.

    I therefore appeal to the Secretary of State to consider again the issue of compensation and to listen to the voices that have all been raised—some supportive of the Bill's proposed powers—to urge that progress can be made through voluntary means and to resist what one of my colleagues muttered earlier was the Stalinist tendency of believing that we should bully and push people into doing things that we can eventually bring most people to do through patient negotiation, and thereby provide the access to the coast that my constituents and others throughout the country would find fully acceptable.

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