HL Deb 05 March 2004 vol 658 cc934-6

2.7 p.m.

Report received.

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

Lord Triesman moved Amendment No. 1: Page 2, line 14, leave out "conservancy authority" and insert "conservation body

The noble Lord said: My Lords, you will recall that in Committee on 26 January I gave an undertaking that the Government would consider the amendments to this Bill moved by the noble Lord, Lord Berkeley, and currently standing part of it. I am pleased to confirm the Government's support for the intended effect of the noble Lord's amendments, but I am moving amendments of our own to make some minor technical corrections to the Bill.

Amendments Nos. 1, 2, 5 and 6 amend the current references in the Bill to "conservancy authority" to read "conservation body". The term "nature conservancy authority" has not been used in legislation before to describe English Nature and the Countryside Council for Wales. Also, the term "authority" does not accurately describe the function of those bodies. Amendment No. 3 corrects a mistaken reference to the "Countryside Commission of Wales". The body's proper name is the Countryside Council for Wales.

Finally, Amendment No. 4 is designed to bring consistency to the Bill. It requires a local authority or nature conservation body informing the Secretary of State that it wishes its objection to a harbour revision order made by the Secretary of State of his own motion to be referred to an inquiry or be heard by a person appointed by the Secretary of State to do so in writing. That will bring the procedure for objecting to harbour revision orders made by the Secretary of State on his own motion into line with the procedure in the Bill for objections to harbour revision orders where the application has been made by someone other than the Secretary of State. I beg to move.

Lord Berkeley

My Lords, I am grateful to my noble friend Lord Triesman for what he said about the amendments that I moved in Committee and that the Government have accepted them as a reasonable compromise. They were put down following extensive consultation. It is good to know that the Government now accept them on that basis.

In respect of these six amendments standing in the name of my noble friend Lord Triesman, I apologise for getting the wording wrong in five of them. I am grateful to the Government for getting it right and as they would like to see it. As regards Amendment No. 4, clearly it is good to state that objections must be in writing. Therefore, I support all the amendments, and I am very grateful to my noble friend.

Lord Greenway

My Lords, the amendments stem from an amendment tabled in Committee, which effectively gave the right of calling for a public inquiry to English Nature and the Countryside Council for Wales. I am sure that the Government are well aware that when an exception is made for one or two bodies, other bodies may get a bit upset. I rise merely to voice the concerns of the Royal Yachting Association, which feels that if this right has been given, a similar right should be given to, say, the Sports Council to cover concerns in that area.

The Royal Yachting Association has called for a public inquiry only twice in the past 10 years, which reflects its commitment to resolving issues through alternative means. As a yachtsman, the noble Lord, Lord Berkeley, will no doubt appreciate these concerns. I merely mention this now as a marker perhaps for the Government to reflect on before we reach any further stage.

On Question, amendment agreed to.

Lord Triesman moved Amendments Nos. 2 and 3: Page 2, line 31, leave out "conservancy authority"" and insert "conservation body" Page 2, line 35, leave out "Commission of and insert "Council for

On Question, amendments agreed to.

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

Lord Triesman moved Amendments Nos. 4 to 6: Page 3, line 10, after "State- insert "in writing Page 3, line 20, leave out "conservancy authority" and insert "conservation body Page 3, line 24, leave out "conservancy authority" and insert "conservation body

On Question, amendments agreed to.