Marine Management Organisation

Sarah Newton Excerpts

Tuesday 18th October 2011 Commons Chamber

[Sarah Newton (Truro and Falmouth) (Con)]

I am grateful for the opportunity to raise an issue of great concern to my constituency and many maritime constituencies around our shores. The UK marine area covers an area three and a half times the UK land mass. It is rich in marine life and natural resources, which form the basis of human economic activities estimated to be worth £46 billion in 2005-06. Some of those pose a risk to the integrity of marine ecosystems, with impacts growing because of pressures such as large-scale marine renewable energy developments. Current activities have resulted in a crowded marine area, including licensed developments and areas of high fishing effort. Concerns over the degradation of the marine environment have led to a range of new policies, culminating in legislation and the Marine and Coastal Access Act 2009.

The most significant aspect of that Act is the introduction of marine planning: a framework for decisions on marine activities aimed at reducing user conflict and encouraging an “ecosystem-based approach”. Planning, as described in the Act, aims to promote economic activity, as well as to integrate environmental protection into decision making. I have read the Hansard record of the Committee stage of that Bill and know that the then Minister was keen to ensure that the Bill achieved the right balance between sustainable development and environmental protection.

The Marine Management Organisation was created as the main delivery agency for the new planning and licensing regime, but Natural England and the Joint Nature Conservation Committee have the main role in the pre-designation of marine protection areas. I have met its chairman and chief executive, who are trying to deliver the aims of their organisation. All the comments I am about to make relate not to their performance in managing the organisation, but rather to the structure of the processes they have inherited.

The key challenge facing the marine planning system that I am experiencing in the port of Falmouth and the Carrick Roads is resolving the inevitable conflicts between policy objectives to ensure the integration of the social, economic and environmental needs of the area. Given the limited amount of time available to me, I will summarise the area briefly. It is the third largest natural harbour in the world; home of the last commercial oyster fishing fleet under sail in Europe; host to a thriving ship repair business; host to the Royal Fleet Auxiliary Service fleet; home to world-class super-yacht builders Pendennis; and home to a range of marine renewable businesses. It is also a centre of world-class yachting and sailing, including the home base of British Olympic sailor Ben Ainslie. It has a special area of conservation and areas of sites of special scientific interest. Having grown up there, I can testify to the huge improvements that have been made to the quality of water and the natural environment, which all Falmouthians very much value.

All concerned with the new marine planning process acknowledge the challenges involved. Putting 25% of England’s marine environment under “protection” in a relatively short time, given the severely resource-constrained situation the Government find themselves in, is deeply concerning. The uncertainties in planning decisions as a result of knowledge gaps, and sometimes competing scientific evidence is of particular concern. Effective marine management requires sound evidence and monitoring. A Centre for Environment, Fisheries and Aquaculture Science report in 2010 entitled “Marine Survey Needs to Underpin Defra Policy” identifies a shortage of data necessary for marine planning. It also states that much of the evidence to be used in designation is subject to a medium or low level of confidence.

About 10% of the UK continental shelf is currently mapped in detail by survey or observation. To fill gaps, projects such as UKSeaMap produce broad-scale predictive habitat maps based on best available data, but confidence in some of the designations is as low as 20%. Direct mapping is expensive: the cost is estimated to be £210 million over seven years to map the rest of the UK’s regional seas to scales relevant to marine habitats, and there are limited funds to undertake such surveys.

Given the emphasis on evidence-based policy needing to be based on the best possible science, I want the Minister to consider the following recommendations about the guidance the Department for Environment, Food and Rural Affairs gives to the MMO, which has the job of licensing activity in the marine environment, such as dredging, as well as establishing a network of marine protected areas, include marine conservation zones and reference sites. To undertake that work, the MMO is using the DEFRA-produced “A description of the marine planning system for England”. That is quite a general document and it would be relatively straightforward for the Minister to issue additional guidance to bring in the changes I recommend, which would not need any primary legislation.

The additional guidance I want the Minister to consider stems from the need to access the broadest and best possible evidence base for appropriate decisions to be taken. As the Minister is aware, Natural England and the JNCC are the Government’s statutory nature conservation advisers in the English and UK offshore marine area, yet there is a wealth of knowledge in coastal communities, academic institutions around the UK and even internationally that I believe should be used in addition to the expertise of those organisations. Marine science is a fast-growing academic discipline and the MMO should be enabled to extend the range of organisations and people that can provide scientific evidence to enable its independent decision making. The quality of evidence should be paramount, whether or not it comes from Natural England or the JNCC. Of course, any organisation or person would have to demonstrate their ability to carry out the task and their work should be open to scrutiny and challenge. I believe their evidence should be considered on a level playing field and on equal terms with that of Natural England and the JNCC.

I also want the Minister to consider extending the limited appeals system. Generally speaking, the terrestrial planning system does not extend below the low tide mark, so the normal planning appeals process does not apply. The 2009 Act does not appear to set out an equivalent appeals process for planning decisions, although it does allow for one to be set out by regulations under section 37 for appeals against licensing decisions. I note the Department of Energy and Climate Change and DEFRA’s recent consultation on licensing under part 4, including appeals on decisions.

The marine planning system for England March 2011 document states in paragraph 5.61 that appeals against the refusal of terrestrial planning permission and inquiries are dealt with by the Planning Inspectorate and it goes on to say that the Planning Inspectorate could be involved in independent investigations within the marine planning system. If an independent investigation is required, an investigator will be appointed to provide advice and recommendations on how issues may be resolved and plans may be improved. The final format that the investigation will take is decided by the Secretary of State on the advice of the MMO. It is essential that these powers should be made available in the predetermination stage of marine protection designations as well as in relation to decisions the MMO will make post-designation in the management of marine protected areas.

The potential economic and social impact of designation of marine protected areas on coastal communities is so significant that it demands an appropriate appeals process. Decisions of such magnitude would not be made on the land without an appropriate appeals process. With the recent publication of the list of potential sites, there has been a huge outcry in my constituency at the potential designation of part of the Fal estuary as a marine protected area and a reference site.

Falmouth town council is united in strongly opposing the plans, stating that

“the proposal…threatens 350 years of history and shipping power in this port”.

The impact of the designation upon the recreational use of the Fal estuary has also aroused anger. Referring to the effect of the designation on a long and proud history of sailing boat racing on the Fal, Falmouth race officer Walter Amos has stated:

“The proposal would put an end to 150 years of tradition, cause enormous resentment, and have considerable economic consequences.”

[Andrew George (St Ives) (LD)]

My hon. Friend is making a strong case, particularly regarding reference sites. The Minister and I served our time on the Bill that became the Marine and Coastal Access Act 2009, and what my hon. Friend says is absolutely right: what we need in relation to reference sites is consultation and the opportunity for appeals, as with my constituency and the Cape Bank reference site. Low-impact fishing takes place there at the moment, but that would be stopped, with the unintended consequence of discouraging the very type of fishing that I should have thought the Act was intended to protect.

[Sarah Newton]

I thank my hon. Friend for that very helpful intervention.

Richard Gates, the Falmouth town centre manager, has added his voice to the chorus of local residents opposing the plans, commenting:

“We live in a beautiful part of the country and certainly are very environmentally aware but this cannot be at the detriment of people’s livelihoods and leisure when many people are working so hard to develop the area”.

I am sure that Falmouth and, as my hon. Friend the Member for St Ives (Andrew George) has pointed out, other parts of Cornwall are not the only coastal communities that feel that the current recommended sites for marine protected areas are inappropriate because they fail to meet the fundamental aim of creating areas that strike the right balance between sustainable economic, social and environmental protection.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

My hon. Friend’s description of her beautiful constituency could be substituted for mine, with Aldeburgh and the River Alde. Is it not the case that constituents feel that designations are being slapped on top of existing special protection areas simply because the data are available, rather than other parts of the coast being sought that could easily fulfil the criteria for marine conservation zones?

[Sarah Newton]

I am very grateful for those comments. My hon. Friend anticipates a point that I was going to make but now do not need to make. I think that issue is a real problem.

Perhaps it is not surprising that this has happened because the lead agencies tasked with drawing up the list of potential sites, the JNCC and Natural England, have as their primary purpose environmental protection and conservation. What is not part of their remit is what the Act clearly set out to achieve—balancing the social, economic and environmental needs of communities.

I appreciate that the Minister has inherited the current process and would not have designed one that led to the current situation, where there is so much genuine outrage and concern, but that is where we are today. It is a matter of great importance to coastal communities that measures are urgently taken to enable greater use of all the available evidence base by decision makers, rather than their relying almost entirely on Natural England and the JNCC. An open, transparent appeals process for both pre and post-designation decision making needs to be established urgently.

Given that the deadline for the establishment of the marine protected areas sites is 2012 and that the sites are being consulted on as we speak, I hope the Minister can reassure me that he will consider these recommendations so that the implementation of the very worthy aims of the Act command the respect of coastal communities. It is vital that people who might be adversely affected by the implementation of the Act are thoroughly involved, which they have not been so far. Making the new planning system work depends on building a consensus and support that can be achieved only if all concerned have confidence in the system that is used to reach conclusions. Sadly, that is very much missing at the moment. Politicians are elected to use their judgment and are democratically accountable. I hope that the Minister can reassure us tonight that he will exercise his judgment and democratic accountability to ensure that there is a common-sense approach to marine planning.