HL Deb 02 April 2003 vol 646 cc1393-6

7.48 p.m.

Lord Berkeley

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Lord Berkeley.)

On Question, Motion agreed to.

House in Committee accordingly.

[The DEPUTY CHAIRMAN OF COMMITTEES (Lord Boston of Faversham) in the Chair.]

Clause 1 [Amendment of procedure for dealing with applications for harbour orders]:

Lord Berkeley moved Amendment No. 1: Page 1, line 8, leave out from "unless" to end of line 4 on page 2 and insert—

  1. (a) he decides that the application shall not proceed further,
  2. (b) he considers the objection is frivolous or trivial,
  3. (c) the objection does not specify the grounds on which it is made, or
  4. (d) the objection was not made within the period allowed for making it.
(1A) Before making his decision under paragraph 19, the Secretary of State may—
  1. (a) cause an inquiry to be held, or
  2. (b) give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by the Secretary of State.
 (1B) Where—
  1. (a) the objection referred to in sub-paragraph (1) is made by a person within sub-paragraph (1D), and
  2. (b) that person informs the Secretary of State in writing that he wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (1A)(b), 1394 the Secretary of State shall, before making his decision under paragraph 19, either cause an inquiry to be held or, if lie so determines, cause the objection to be dealt with in accordance with sub-paragraph (1A)(b)."

The noble Lord said: I beg to move Amendment No. 1 and, for the convenience of the Committee, to speak to Amendments Nos. 3, 5 to 11 inclusive, as well as to Amendment No. 13, also standing in my name.

Before going into the detail of the amendments, I should once more like to thank my noble friend Lord McIntosh of Haringey for expressing at Second Reading the Government's support for the Bill and for the prompt publication of the regulators impact assessment.

The noble Lord, Lord Luke, asked at Second Reading which organisations had been consulted. I responded that organisations would be consulted after the regulatory impact assessment had been published. I can now state that the Environment Agency, English Nature, the RSPB and the British Marine Federation are generally supportive of the Bill.

The amendments have been prepared by Parliamentary Counsel. They do not make any difference to the substance of the Bill; they are technical drafting amendments. The Bill as introduced seeks to amend Schedule 3 to the Harbours Act 1964. The substantive clauses of the Bill—that is, Clauses 1 and 2—make amendments mainly to paragraphs 18 and 28 of Schedule 3. One deals with orders made on application to the Secretary of State—the most usual orders—and the other deals with orders made on the initiative of the Secretary of State.

The provisions of the Bill would make the minimum changes to Schedule 3 required to achieve the change in the law proposed by the Bill, while leaving the drafting of Schedule 3 as little changed as possible. The amendments improve and clarify the drafting of paragraphs 18 and 28 of Schedule 3 to the 1964 Act, as amended by the Bill. These provisions would be more complex if left unchanged. The improvements made by the amendments incorporate the changes to the law proposed by the Bill. I beg to move.

Lord McIntosh of Haringey

I reiterate the support the Government gave to the Bill at Second Reading. We are content with the amendments.

On Question, amendment agreed to.

Lord Berkeley moved Amendment No. 2: Page 2, leave out lines 11 and 12.

The noble Lord said: In moving Amendment No. 2, I shall speak also to Amendments Nos. 4, 12 and 14. Amendments Nos. 2 and 14 have been grouped with Amendment No. 4. Amendment No. 14 is the principal amendment in the group.

During Second Reading I mentioned that the Bill appeared to extend to Scotland. I explained that after the passing of the Scotland Act 1998, harbour matters in Scotland—such as the subject matter of the Bill—no longer fall within the competence of the Westminster Parliament but must be dealt with in the Scottish Parliament. As I indicated then, I am bringing forward Amendment No. 14, the effect of which is to make clear that the provisions in the Bill do not extend to Scotland. Amendments Nos. 2 and 4 are consequential on Amendment No. 14.

The Bill as introduced applied to its provisions the definition of "local authority" contained in paragraph 12 of Schedule 3 to the Harbours Act 1964. However, that definition includes references to Scottish local authorities which will not be needed because the Bill will not extend to Scotland. Amendment No. 2 seeks to leave out the application of the definition of "local authority" contained in paragraph 12 of Schedule 3, while Amendment No. 4 seeks to insert a new definition of "local authority" which is confined to local authorities in England and Wales.

The amendments in this group also have the benefit of being drafted by Parliamentary Counsel. I beg to move.

On Question, amendment agreed to.

Lord Berkeley moved Amendments Nos. 3 and 4: Page 2, line 14, leave out "(1B)" and insert "(1A)(b)". Page 2, line 14, at end insert— ( ) In sub-paragraph (3), paragraph (a) is repealed. ( ) After that sub-paragraph, there shall be inserted— (4) In this paragraph "local authority" means—

  1. (a) in England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council, and
  2. (b) in Wales, a county council, a county borough council and a community council.""

On Question, amendments agreed to.

Clause 1, as amended, agreed to.

Clause 2 [Amendment of procedure where harbour revision orders are made by the Secretary of State of his own motion]:

Lord Berkeley moved Amendments Nos. 5 to 13: Page 2, line 21, leave out "or Page 2, line 23, at end insert ", or

  1. (d) the objection was not made within the period allowed for making it."
Page 2, line 24, at beginning insert "Before making his decision under paragraph 29, Page 2. line 24, leave out ", if he so decides Page 2, line 26, leave out from "to" to "an" in line 27 and insert "the person who made the objection referred to in subparagraph (1) Page 2, line 31, leave out from beginning to "by" in line 33 and insert "the objection referred to in sub-paragraph (1) is made Page 2, line 38, after "shall" insert ", before making his decision under paragraph 29, Page 2, line 45, leave out "12" and insert "18(4) Page 2, line 45, at end insert— ( ) In paragraph 29 of that Schedule (decision on harbour revision order proposed by Secretary of State), in sub-paragraph (1)(b), after "inquiry" there shall be inserted "and of any person appointed for the purpose of hearing an objector".

On Question, amendments agreed to.

Clause 2, as amended, agreed to.

Clause 3 agreed to.

Clause 4 [Short title, commencement, transitional provision and extent]:

Lord Berkeley moved Amendment No. 14: Page 3, line 14, after "to" insert "Scotland or

On Question, amendment agreed to.

Clause 4, as amended, agreed to.

House resumed: Bill reported with amendments.