Marine and Coastal Access Bill [Lords]

I shall address my remarks to amendments 30 and 31 and Government amendment 4, in particular. Government amendment 4 seeks to restore the status quo ante following the first meeting of the Public Bill Committee, at which the meaning of "furthering" was discussed. At the time, I suggested that it might be a good idea to look at the provisions in paragraph 7 of schedule 5 to the Bill concerning sustainability appraisals, and at the extent to which the issue might be resolved—for this Bill, without any read-across to other legislation—by amending that schedule to make clear the points that we were discussing. Such an amendment might also make clear the intentions of the Bill on sustainability, particularly in the context of sustainability appraisals. At the time, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Ogmore (Huw Irranca-Davies) said that that was a good suggestion, and my hon. Friend the Member for Reading, West (Martin Salter) said:""I commend the approach outlined by my hon. Friend the Member for Southampton, Test."––[Official Report, Marine and Coastal Access Public Bill Committee, 30 June 2009; c. 19.]" I note that more in sorrow than in anger. When the Under-Secretary of State for Scotland, my hon. Friend the Member for Glasgow, North (Ann McKechin) replies to the debate today, she might like to put on record the reason why that approach has not been examined to the extent that it might have been, although I appreciate the efforts that both Ministers have made to find the best approach, following our debate in Committee. I do not think that they have failed to take careful note of what was set out in Committee, or to exercise proper diligence in following up inquiries on the outcome of the votes taken in Committee. Instead, this is a question of how the particular wording of the amendment tabled in Committee—and alternative wordings—fits in with wider issues in other legislation. It is also a question of the extent to which amendments already made to the Bill strengthen and underpin the sustainability aims in the first place. I am willing to be persuaded this afternoon that restitution of the status quo ante—if it has been undertaken—has been based on a clear examination of all the alternatives and how they fit into the wider aims and how the Bill sits with other legislation. That is not a nugatory point, because the way in which it fits in with other legislation is important. Although it is certainly true that we are shaping legislation that departs substantially from the past, it is nevertheless the case that the Bill's proper reference to other legislation is a necessary part of its success as a piece of legislation. If it can be genuinely shown that that is indeed a major consideration, I, for one, would be happy to say that a proper examination, as was undertaken in Committee, had been carried out, which would explain why the Bill has the outcomes that it does. I expect that the Under-Secretary of State for Scotland will be able to do that—or something like it—in her summing up, which I will listen to carefully. It is necessary for her comments to be placed very carefully on the record on Report, so that we are all clear about this matter.