Legislative Consent Memorandum: Marine Navigation Bill

Background

The UK Government’s Marine Navigation (No.2) Bill (‘the Bill’) is currently being considered by the UK Parliament.

Sections of this Bill seek to legislate in areas of competence devolved to the National Assembly for Wales. Convention requires that the National Assembly for Wales (‘the Assembly’) considers consenting to this. The Assembly does this through considering a legislative consent motion tabled by the Welsh Government.

Further information on legislative consent motions is provided in the Research Service’s quick guide The Constitution Series: 6 Legislative Consent Motions.

The legislative consent motion is drafted as follows:

To propose that the National Assembly for Wales, in accordance with Standing Order 29.6, agrees that provisions of the Marine Navigation (No 2) Bill, relating to amendments of the Pilotage Act 1987, the Harbours Act 1964 and the Merchant Shipping Act 1995, in so far as they fall within the legislative competence of the National Assembly for Wales, should be considered by the UK Parliament.

The Welsh Government published a legislative consent memorandum (‘the memorandum’) on 21 December 2012 that explains this in more detail.

Principally, the memorandum sets out that the provisions in the Bill for which consent is sought are contained in:

-        Clauses 1-4 – pilotage

-        Clauses 5 and 6 – Harbour Authorities

-        Clause 7 – Port Constables

-        Clause 8 - general lighthouse authority

-        Clause 10 – manning requirements

-        Clause 11 – marking wrecks

These elements of the Bill relate to amendments of the Pilotage Act 1987, the Harbours Act 1964 and the Merchant Shipping Act 1995, in so far as they fall within the legislative competence of the National Assembly for Wales.

In general, ‘shipping’, ‘navigational rights and freedoms’ and ‘harbours, docks, piers and boatslips’ are not devolved areas of competence. However, certain aspects are devolved, and these are defined in the Government of Wales Act 2006 as:

-        harbours, docks, piers and boatslips required wholly or mainly for the fishing industry, for recreation, or for communication between places in Wales (or for two or more of those purposes);

-        the regulation for the purposes of protecting human, animal or plant health, animal welfare or the environment of any harbours, docks, piers and boatslips in Wales;

-        in relation to the regulation of use of vessels carrying animals for the purposes of protecting human, animal or plant health, animal welfare or the environment;

-        in relation to the regulation of works which may obstruct or endanger navigation;  and

-        in relation to historic wrecks.

Policy intent

The memorandum sets out the policy intent in more detail. A concise summary is provided in the box below.

Stakeholder views

The following information is based in submissions made to the UK Parliament.

Maritime UK has expressed support for the Bill. It has not commented on the devolved aspects, and it has focused on the UK Parliamentary process.

The Royal Yachting Association has expressed concerns about the Marine Navigation Bill. It has not commented on the devolved aspects, and has focused on the UK Parliamentary process.