The Marine Bill was designed to establish a new UK-wide strategic system of marine planning to balance conservation, energy and resource needs, based on the principle of sustainable development and working with the devolved administrations. The Committee reports here reservations about the framework nature of the draft Bill. It was felt that too much of its policy is contained in secondary legislation or guidance. That there are significant areas of confusion of responsibility - between UK and international, especially EU, obligations; between devolved administrations; the many agencies and other bodies who will be involved in delivering the proposals in the Bill.

The Marine Bill was designed to establish a new UK-wide strategic system of marine planning to balance conservation, energy and resource needs, based on the principle of sustainable development and working with the devolved administrations. The Committee reports here reservations about the framework nature of the draft Bill. It was felt that too much of its policy is contained in secondary legislation or guidance. That there are significant areas of confusion of responsibility - between UK and international, especially EU, obligations; between devolved adminstrations; the many agencies and other bodies who will be involved in delivering the proposals in the Bill.

This Draft Marine Bill (Cm. 7351, ISBN 9780101735124) contains the following: a policy paper; the draft Marine Bill and explanatory notes; an impact assessment. The Bill sets out the Government's approach to a number of marine related issues, including environmental protection of the coastal marine environment and the seas surrounding the coast as well as access to the coastal environment for recreation. The legislation set out in this Bill was originally proposed in "Sea Change", a Marine White Paper, published in March 2007 (Cm. 7047, ISBN 9780101704724). The White Paper itself had proposed a strategic system of marine planning to balance conservation, energy and resource needs, using the principle of sustainable development. The Draft proposals in this Bill puts the earlier proposals of the White Paper into a legislative framework, which includes: the creation of the Marine Management Organisation; deliverance of new marine planning systems, including establishing new powers to enable the Government to put in place a network of marine conservation zones to protect marine life; better licensing decisions for licensing activities in the seas; reforms to a range of marine, migratory and freshwater fisheries management arrangements; allow greater access to the English coast. Comments on the Draft Bill should be submitted in writing by 26 June 2008.

The Government published its Draft Marine Bill on 3 April 2008 as Cm 7351 (ISBN 9780101735124). The Government proposes to legislate to give people right of access on foot all around the English coast. The Committee remains dissatisfied about the uncertainty that surrounds the process of pre-legislative scrutiny as exemplified by this case. The Committee was surprised at the vague and uncommunicative way that the Government deals with the House in preparing for such scrutiny. When the Government is preparing draft bills in the future, it should inform the Liaison Committee which should recommend, in consultation with the relevant departmental select committee, how pre-legislative scrutiny should be conducted. The Bill places too much emphasis on trusting Natural England to "get it right" in terms of determining the alignment of the route and extent of spreading room; landowners and occupiers, in particular, are entitled to more concrete safeguards especially as the Government intends to strike a "fair balance" between public and private interests. The lack of a formal appeal process is a fundamental weakness of the Bill. The Committee is still to be convinced that £5 million a year for 10 years is enough to create access land all around England. The Government should also clarify responsibility for long-term maintenance before the Bill is introduced. The more detail Natural England can provide early on about how it intends to implement the policy in common coastal scenarios will reduce concerns. Natural England should produce a detailed draft of its Scheme before Parliament starts to consider the Bill. Natural England should have a statutory duty written into the Bill to conduct a review of the lessons it has learned from early implementation of the proposals.

This document sets out the Government response to the public consultation on the draft Marine Bill (Cm. 7351, ISBN 9780101735124) and to the reports of the following Parliamentary Committees: Joint Committee on the Marine Bill (HL 159-I/HC 552-I, session 2007-08, ISBN 9780104013427) and the Environment, Food and Rural Affairs Committee report on the coastal access provisions of the bill (9th report, session 2007-08, HC 656-I, ISBN 9780215522030). In all some 459 organisations and individuals offered their views on the proposals in the draft Bill, and there was broad support for its main proposals. This response gives a detailed response to the recommendations from the committee reports, summarises key issues that emerged in the consultation process, and sets out the main changes the Government intends to make to the draft Billl before its introduction.