Fisheries Bill

(Limited Text - Ministerial Extracts only)

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2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Wednesday 21st November 2018

(6 years ago)

Commons Chamber
Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text
Michael Gove Portrait The Secretary of State for Environment, Food and Rural Affairs (Michael Gove)
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I beg to move, That the Bill be now read a Second time.

It is a pleasure to introduce the Second Reading of the Fisheries Bill under your chairmanship, Madam Deputy Speaker. If I may, I should like to begin my introduction of this legislation on a personal note. My father was a fish merchant, and my family have made their living from the sea for generations. That has given me a deep personal appreciation of the risks and sacrifices undertaken by those who go to sea to ensure that we have healthy and nutritious food. There are Members of this House who know those who have made the ultimate sacrifice to provide us with the food that we enjoy, and I would like to say that those who work so hard and take such risks to bring us the bounty of the sea will be first and foremost in my mind in our deliberations today. We are in all their debt.

I want to underline the fact that I am deeply grateful to the team at the Department for Environment, Food and Rural Affairs for the work they have done on the preparation of the White Paper that preceded this Bill, as well as on the Bill, the explanatory memorandum and everything that goes with them. DEFRA has some of the finest civil servants in the Government, but the fisheries team stand out. They are men and women of dedication, deep knowledge and commitment, and I am grateful to them, as I am also to my predecessors in this role as Secretary of State. Every single one of my predecessors has sought to do their best for the fishing industry, and it would be invidious to single any of them out. However, I want to pay a special tribute to three ministerial or ex-ministerial colleagues. My right hon. Friend the Member for North Shropshire (Mr Paterson) has done an enormous amount to champion the interests of the fishing communities across the United Kingdom. My right hon. Friend the Member for Newbury (Richard Benyon) has done an enormous amount to improve the operation of the common fisheries policy while we have been in it. And the Minister for Agriculture, Fisheries and Food, my hon. Friend the Member for Camborne and Redruth (George Eustice), has been an outstanding negotiator on Britain’s behalf, and in his time in office—which I hope will continue for many years to come—he has done an enormous amount for coastal communities across the country.

One of the pleasures in bringing forward the Bill is to be able to acknowledge that, whatever position individuals may have taken in the referendum on our membership of the European Union, there is a widespread recognition across the House that the common fisheries policy did damage. It did environmental damage to fish stocks and to our marine environment. It also did economic damage to the fishing industry, which has been such a critical part of this country’s heritage and which can again become a vital part of our economic future. The common fisheries policy did social damage as well, because coastal communities suffered. Their economies were hollowed out and businesses collapsed as a result of its operation. Whatever position we may have taken in that referendum, taking back control of our waters, leaving the common fisheries policy and once again becoming an independent coastal state will give us an opportunity to lead environmentally, to revive the fishing industry economically and to ensure that our coastal communities once more have the opportunity for a renaissance.

Stewart Hosie Portrait Stewart Hosie (Dundee East) (SNP)
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I agree with the Secretary of State, on behalf of the Scottish National party, about the damage the CFP did. However, the political text on the withdrawal agreement states that there will be:

“Cooperation…internationally to ensure fishing at sustainable levels, promote resource conservation… the development of measures for the conservation, rational management and regulation of fisheries… a new fisheries agreement on, inter alia, access to waters and quota shares”

and so on. That is the current form, in black and white. Although that might mean something new and better, is it not the case that, given the UK’s negotiating failures so far, what we will end up with will look very similar to the terms of the CFP?

Michael Gove Portrait Michael Gove
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No, not at all. I am grateful to the hon. Gentleman, for whom I have enormous respect, for acknowledging many of the defects and flaws in the common fisheries policy, but we have been clear—this is reflected in both the draft withdrawal agreement and the accompanying draft political declaration on our future economic partnership—that we will be negotiating at the December 2020 Fisheries Council as an independent coastal state, ready to ensure that we decide on access to our waters, that we decide on total allowable catches and that we decide on quotas, and it is on that basis that we can ensure that the interests of our coastal communities are respected.

Of course, as an independent coastal state, we will be governed by the United Nations convention on the law of the sea. That landmark piece of international law makes it clear that all independent coastal states will negotiate with their neighbours to ensure that the environmental health of fish stocks are preserved and that an equitable share of each nation’s bounty can be agreed, because we as a nation depend for the fish we eat not just on the fish in our waters—of course, we have the healthiest stocks of any country in the existing European Union—but on negotiating with other independent coastal states, including Norway, the Faroes, Iceland and others, to ensure that we get the mix of fish that consumers demand and that society has a right to expect.

Sheryll Murray Portrait Mrs Sheryll Murray (South East Cornwall) (Con)
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Does my right hon. Friend agree that any party represented in this Chamber that promotes continued membership of the European Union is letting our fishermen down, because it is already promoting continued membership of the common fisheries policy?

Michael Gove Portrait Michael Gove
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My hon. Friend knows what she is talking about, and she is absolutely right. The Scottish National party wants us to stay in the European Union, and therefore in the common fisheries policy, and the Scottish National party’s MEPs, when given the chance to vote in the European Parliament, voted to stay in the common fisheries policy. However, I do want to acknowledge that there are independent members of the SNP who do not toe the line of their leadership. There are individual voters who have lent the SNP their votes in the past but who do not agree with that view. Also, to be fair, the Scottish Government and the Minister responsible, Fergus Ewing, in helping to ensure that this legislation can work for Scotland, have operated in a constructive manner, as indeed have officials in the devolved Administrations—sadly, we do not have the Executive in Northern Ireland, but the officials there have negotiated in good faith, as have the Labour Administration in Cardiff. I want to underline that the legislation we bring forward will see powers moving to the devolved Administrations. It will be a diffusion of power and a strengthening of devolution.

Lord Benyon Portrait Richard Benyon (Newbury) (Con)
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Many individuals and organisations campaigned very hard to get the firmest rules on sustainability as part of reform of the common fisheries policy. Will my right hon. Friend give them an assurance that any vessel fishing in British waters after we leave the European Union will be required to maintain the highest levels of sustainability for those fish stocks and to work with the Government to do so?

Michael Gove Portrait Michael Gove
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My right hon. Friend is absolutely right. The Bill makes it clear that there are principles, to which the Government will be held, that ensure that fishing will be sustainable and that our marine environment will be restored to full health. The Bill will give the Government powers to ensure that no vessel can fish in our waters unless it adheres to those high environmental standards.

Baroness Hoey Portrait Kate Hoey (Vauxhall) (Lab)
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Can the Secretary of State just be absolutely clear about this? At the end of March, we will leave the common fisheries policy, but then we will immediately be back in it, by giving the EU the right to make all decisions for however long the transition goes on. It worries me very much when I hear more and more Ministers talking on the “Today” programme about the transition being extended again and again. Why did he allow the Prime Minister to accept in the withdrawal agreement that fisheries would stay as part of the transition?

Michael Gove Portrait Michael Gove
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I will give the hon. Lady, for whom I have enormous respect and affection, one piece of perhaps unsolicited advice: I find that in the morning it is better not to listen to the “Today” programme; Radio 3, or even Radio 2, ensures that I have a more equable morning. However, she makes a very important point about the transition period. A number of Members of this House hoped that in the transition period, when it was agreed earlier this year, the common fisheries policy would be outside, but there is one very significant departure from the overall transition period, which applies to the common fisheries policy, which is that the European Union acknowledged that from 2021 we will be an independent coastal state. Therefore, when we negotiate in the December 2020 Fisheries Council, although we will still legally be a member of the European Union, we will be negotiating then as an independent coastal state. That is why I said at the time that we need to keep our eyes on the prize of making sure that after that transition period we can have all the opportunities to do the right thing environmentally, economically and socially, as I mentioned earlier.

None Portrait Several hon. Members rose—
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Michael Gove Portrait Michael Gove
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I would like to take as many interventions as possible, in fairness to all those Members who necessarily cannot stay for the duration of the debate.

Owen Smith Portrait Owen Smith (Pontypridd) (Lab)
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A moment ago, the Secretary of State offered the House some warm words about his commitment to sustainability. Could he therefore explain why the Bill contains only one vague mention of maximum sustainable yields? Can he give us a guarantee that, under his new vision for fisheries management, we will adhere to maximum sustainable yields and to scientific advice, as opposed to what we have done for years and years, which is to allow total catches to exceed those sustainable yields by up to 50%?

Michael Gove Portrait Michael Gove
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The short answer is yes.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I am grateful to the Secretary of State for giving way on that point, because it is germane to the point about co-operation with our neighbouring states and the implications arising from the transitional arrangements. Can he tell the House how the EU-Norway-Faroes mackerel deal, which is currently up for renegotiation and renewal in 2020, will be handled in practical terms, and what his Government are doing to ensure that the voice of our fishermen is heard in that important negotiation?

Michael Gove Portrait Michael Gove
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We will be taking part in bilateral and multilateral negotiations in the run-up to December 2020, in anticipation of being, as I have said, a fully independent coastal state from January 2021. We will be negotiating with all our neighbours to ensure that we get the very best deal for our fishermen. On the right hon. Gentleman’s second point, which was very fair, about collaboration with fishing organisations, in preparing the Bill we have worked with the Scottish Fishermen’s Federation, the National Federation of Fishermen’s Organisations and a variety of other producer organisations, and every single one of them has said that it wants to see the Bill on the statute book. Of course there will be debate in Committee, and there may well be amendments that can refine and improve what we want to do, but there is not a single representative organisation that speaks for the fisheries industry or for fish processors anywhere that does not want to see the Bill on the statute book as quickly as possible.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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The one fly in the ointment is, of course, the elephant in the room: the withdrawal deal that the Prime Minister has produced in recent weeks. Can the Secretary of State confirm that article 6(2) of the protocol relating to Northern Ireland could be interpreted to read that every EU fisheries regulation in existence will continue to be applied to Northern Ireland fishermen alone if the backstop is applied?

Michael Gove Portrait Michael Gove
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I do not believe that is the right interpretation. I do recognise that a number of colleagues across the House have concerns about the backstop arrangement, but let me underline one point. Under the backstop arrangement, were it ever to come into place, the United Kingdom would be an independent coastal state. Some people have read the withdrawal agreement and taken it to mean that somehow the common fisheries policy would be extended if the backstop were to come into operation and that we would not have control over our territorial waters and our exclusive economic zone. That is not the case. Even in the event of the backstop coming into operation, we will be an independent coastal state, and fishermen, whether they are in Northern Ireland or anywhere else in the United Kingdom, will be able to take advantage of the additional fishing opportunities that arise as a result.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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Is the Secretary of State aware that article 6(2) of the Northern Ireland protocol enables vessels registered in Northern Ireland, but not vessels registered anywhere else in the United Kingdom, to sell their goods into the European Union tariff free? Does he therefore accept that vessels registered in Scotland, and indeed in the rest of the UK, will be at a competitive disadvantage when that part of the backstop comes into force, which, incidentally, under article 154 will be immediately?

Michael Gove Portrait Michael Gove
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The hon. and learned Lady draws attention to an important point. On the backstop, as the House will hear at other points, there are some who argue that Northern Ireland is placed at a competitive advantage compared with other parts of the United Kingdom, and there are some who argue that Northern Ireland is disadvantaged relative to other parts of the United Kingdom. One thing that is clear, however, is that Northern Ireland—an integral and valued part of the United Kingdom—when we leave the European Union, will leave alongside the rest of the United Kingdom and be part of one independent coastal state that is capable of taking advantage of all these fisheries opportunities.

John Redwood Portrait John Redwood (Wokingham) (Con)
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Will the Secretary of State give us some idea of his ambition for after we leave the common fisheries policy? It seems to me that we could have a big expansion of our domestic fishing industry, with a lot more fish landed and a big increase in fish processing in the UK. Is that his ambition, and how big will it be?

Michael Gove Portrait Michael Gove
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A whopper, I am tempted to say. My right hon. Friend is right. Even the Scottish Government acknowledge that there could be a £1 billion bonanza for the United Kingdom if we manage fish stocks effectively. That makes it all the more surprising, when the analysis of the Scottish Government’s own statisticians has the bonanza at that level, that Scottish National party politicians in Europe and elsewhere are standing in the way of our leaving the common fisheries policy, in stark contrast to Scottish Conservatives.

Richard Drax Portrait Richard Drax (South Dorset) (Con)
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Will my right hon. Friend give way?

Michael Gove Portrait Michael Gove
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I am very happy to give way to a distinguished English Conservative.

Richard Drax Portrait Richard Drax
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If the backstop is not implemented but the implementation period is extended, can the Secretary of State confirm that that would mean we have to remain in the CFP beyond the 21 months? Is he aware—perhaps he can reassure the House—that the French are circling, as we all expect them to do, with Sabine Weyand saying that the British

“would have to swallow a link between access to products and fisheries in future agreements”?

Michael Gove Portrait Michael Gove
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I note the reporting of what Ms Sabine Weyand said. One of the interesting things—again, I alluded to this earlier—is that different Members will have different assessments of the advantages and disadvantages that lie within the draft withdrawal agreement, but it is instructive that the negotiator on behalf of the European Commission, Ms Weyand, felt that she had to sweeten the pill, particularly on fisheries, to get EU nations to sign, because there is an acknowledgment on the part of EU nations that UK negotiators have safeguarded access to our waters and secured our status as an independent coastal state. The initial negotiating mandate of the European Union has not been satisfied in these negotiations with respect to fisheries, but the red lines laid down by our Prime Minister have been defended. It is absolutely critical, without prejudice to any other conversations, to acknowledge that.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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On the powers of the devolved nations, the Secretary of State said during the Vote Leave campaign that one of the Brexit dividends is that immigration powers could be devolved to Scotland. Immigration is crucial to the seafood processing industry and to the fishing boats, particularly on the west coast of Scotland. Does he agree that Scotland should get control of immigration so we can manage our fishing industry?

Michael Gove Portrait Michael Gove
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The hon. Gentleman is absolutely right. I am grateful to those who work in the fish processing industry, and indeed to those who work offshore, who come from across the world, and not just from European economic area nations, to help ensure that industry is strong. That is why my right hon. Friend the Home Secretary has made it clear that our post-Brexit immigration policy will be truly global in scope and focused on making sure this country is an economic success, emphasising that we have taken back control.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
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The Secretary of State mentioned the red lines. The Prime Minister has told the House on numerous occasions that we will leave the customs union, yet the withdrawal agreement clearly envisages that we would remain in the customs union under the backstop and that, having entered, we could not leave unless the EU consented—the so-called “Hotel California” arrangement. The Prime Minister has also assured the House in very strong terms that she would never contemplate a border down the Irish sea, yet in the agreement, including the Northern Ireland protocol, exactly that is envisaged. I regret to say that, given that, I find it difficult to take seriously the commitments that the Prime Minister has now given to the House. If I have trouble believing her, why should I believe the Secretary of State?

Michael Gove Portrait Michael Gove
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My right hon. Friend, like all hon. Members, must make his own judgment on what he chooses to believe, and on who and what he wishes to support.

None Portrait Several hon. Members rose—
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--- Later in debate ---
Michael Gove Portrait Michael Gove
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I will answer my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) and the hon. Member for Kilmarnock and Loudoun (Alan Brown) before giving way. We have been told at different times that we will have to bend or buckle when it comes to fisheries. The Prime Minister and the negotiating team have absolutely not bent or buckled, which is why the European Commission’s own negotiator has had to attempt to sweeten the pill.

It will not have escaped my right hon. Friend the Member for Rayleigh and Wickford that other countries are expressing their dissatisfaction with the withdrawal agreement for precisely that reason. He spent a distinguished time as a Minister and as the Conservative party’s Europe spokesman, and he must know that if other countries are complaining that they have lost out, it is a sign that this country has secured an advantage.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Con)
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Further to the Secretary of State’s earlier point about expanding fishing opportunities, I am happy to report that Brixham in my constituency has had another record year and in 2017 landed over £40 million-worth of fish, but it is now limited because it is at full stretch. Brixham is anxiously waiting to hear what my right hon. Friend will do to guarantee that it can have access to funds such as the European maritime and fisheries fund to allow it to expand. Brixham is really keen to get on with it.

Michael Gove Portrait Michael Gove
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My hon. Friend makes a good point. I congratulate her on championing her constituency so successfully, and I thank the fishermen of Brixham for their work. In the EU we have the EMFF, which provides support for individual fishing communities, and this Bill makes provision for a replacement so that grants and loans can be provided for just such investment.

Martin Vickers Portrait Martin Vickers (Cleethorpes) (Con)
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I want to believe everything the Secretary of State has said, but he will know that the industry has a long memory, and it can remember the last-minute sell-out in the original Common Market negotiations. The industry still fears that is going to happen again. Can he give a categorical answer that under no circumstances will any further concessions be granted?

Michael Gove Portrait Michael Gove
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I have been very clear about how determined we are to fight on fisheries. We have defended our red lines. My hon. Friend mentions what happened in the 1970s. I was a boy then, but the consequences had a profound impact on my family and on my father’s business. There is no way I can ever forget what happened then, and no way that I will be anything other than a resolute champion for the interests of coastal communities such as the one my hon. Friend serves and represents so admirably.

Maria Caulfield Portrait Maria Caulfield (Lewes) (Con)
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According to the withdrawal agreement, we will be in the common fisheries policy until December 2020. Who will represent the UK at the annual Fisheries Council meeting in 2019, after we have left the EU?

Michael Gove Portrait Michael Gove
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The Minister for Agriculture, Fisheries and Food, the hon. Member for Camborne and Redruth (George Eustice).

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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. The Secretary of State has been very generous in giving way, but it is important that he is allowed to answer one question before taking another.

Michael Gove Portrait Michael Gove
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Thank you very much, Madam Deputy Speaker. You are right to say that I want to make sure I can answer as many questions as possible, from Members in as many parts of the House as possible, but this is a well subscribed debate and I have been able to make only about two or three of the points I wanted to make while I have been answering questions.

Michael Gove Portrait Michael Gove
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But because this legislation is so important and because of the passions aroused, I am happy to give way to my hon. Friend.

Charles Walker Portrait Mr Walker
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I thank the Secretary of State for that. It would be nice if we could talk a little more about fish, and I want to talk briefly about bluefin tuna. For the first time in about 50 or 60 years, these wonderful fish are appearing off the shore of Cornwall and up the west coast. When we have left the EU, will we look at having a recreational catch-and-release fishery for bluefin tuna? If we could discuss that, and if I could bring a delegation to see the Secretary of State to discuss it, I would be extremely grateful, because there is huge commercial and conservational opportunity attached to such a fishery.

Michael Gove Portrait Michael Gove
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I quite agree and we are actively exploring that. One of the points I was due to make is that recreational fishing is a crucial part of the life of the nation; it provides, through tourism and other expenditure, support for many important parts of our rural and coastal economy.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
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A bluefin tuna was washed up on Tolsta beach in Lewis last weekend. I would be happy to join any delegation with the hon. Member for Broxbourne (Mr Walker), because we have the same interests and needs. On the wider point, the Secretary of State mentioned “bend or buckle” a while ago. In the debate on 27 February 2018 in Westminster Hall, an astonishing number of Tory MPs supported this claim:

“Ideally, at 11 pm on 29 March 2019, we need to have absolute and 100% control of our fisheries, without it being part of any implementation or transition deal.”—[Official Report, 27 February 2018; Vol. 636, c. 290WH.]

That was echoed by loads of Tory MPs. Was that bend or was it buckle?

Michael Gove Portrait Michael Gove
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Interestingly, an extraordinary number of Conservative MPs were in that debate because an extraordinary number of Conservative MPs want the very best for our fishing industry. Scottish Conservative MPs have stood up for coastal communities in a way that the Scottish National party has signally failed to do. I will tell the hon. Gentleman who bent and who buckled. It was the SNP MEPs who bent and buckled in Strasbourg and Brussels when they agreed to keep us imprisoned in the CFP.

Gareth Thomas Portrait Gareth Thomas (Harrow West) (Lab/Co-op)
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There are at least 65 co-operatives in the fishing industry, which are worth more than £48 million at the moment. Would not one of the best ways to help boost the fishing co-operatives sector, which keeps profits in hard-pressed coastal communities, be to ensure a radical reform of the quota system, two thirds of which is held by just three opaque companies?

Michael Gove Portrait Michael Gove
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The hon. Gentleman makes an important point. As we leave the CFP, there is an opportunity to reallocate quota. We have already seen a reallocation, with a 13% uplift for the under-10 metre fleet under this Government. There is a crucial point to make: some of the quota that is necessarily allocated is allocated for the types of stocks—pelagic stocks—of which the under- 10 metre fleet, simply because of the nature of where those fish are found, would be poorly placed to take advantage. So he is absolutely right to say there is a case for reform, but a significant amount of quota could not, at this stage, be allocated in the way that he might suggest.

Michael Gove Portrait Michael Gove
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I am keen to allow my hon. Friend, who has shown remarkable patience, the chance to intervene.

Rebecca Pow Portrait Rebecca Pow
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I thank the Secretary of State for allowing me to intervene and not avoiding me altogether. We have talked about a “bonanza” of fish and about recreational fishing, but will he give assurances that we will not bend from our standards on sustainability? After all, we are talking about a wild harvest; fishermen have to make money, but they cannot make it unless the stocks are sustainable. Does he also agree that the Bill has included references to the 25-year environment plan and the nature capital approach and that this is the right way to go, demonstrating that our Government have the environment and sustainability at their heart?

Michael Gove Portrait Michael Gove
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My hon. Friend is absolutely right: we adhere to the principles behind the maximum sustainable yield. The early clauses in this Bill set out clear principles by which any Secretary of State must be bound in order to put the environment and sustainability first. More than that, as we all know, under the CFP we have not had policies that put the environment first. Now, as an independent coastal state, we can work with organisations ranging from Greenpeace to Charles Clover’s Blue Marine Foundation to ensure that we have a policy that is right environmentally and right economically.

Matthew Offord Portrait Dr Matthew Offord (Hendon) (Con)
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I am pleased that we are now starting to put the environment first, but almost 80% of the UK fishing fleet is small-scale and it lands only 11% of the fish by value. Given that this fleet is not only more profitable to local economies, but employs more local fishermen and uses more sustainable fishing practices, will the Bill allow larger quotas to independent vessels under 10 metres?

Michael Gove Portrait Michael Gove
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Absolutely, the Bill explicitly allows us to ensure that new quota can be allocated to the under- 10 metre fleet, which exhibits all the virtues that my hon. Friend outlined. As I mentioned in response to the question from the hon. Member for Harrow West (Gareth Thomas), it would be inappropriate to transfer some aspects of quota, but it has been the case, not least under the leadership of my right hon. Friend the Member for Newbury (Richard Benyon), that we have already been transferring quota to the under-10 metre fleet, for the reasons that my hon. Friend mentions.

Alister Jack Portrait Mr Alister Jack (Dumfries and Galloway) (Con)
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I thank the Secretary of State for giving way; he is generous with his time. On the comments made by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), the Scottish Conservatives can safely say they will take no lessons on the CFP from the SNP, who would sell us straight back into it if they had their way of re-entering Europe.

Michael Gove Portrait Michael Gove
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My hon. Friend is absolutely right on that. I am tempted to say, because so far we have not had a pun in this debate, that the SNP wants to have its hake and eat it. The truth is that SNP Members pose as defenders of Scotland’s fishing communities, yet all the time we were in the EU scarcely a peep they emitted on behalf of the fishing industry. Now that we are leaving, they still want to tie us to the CFP, because they put the abstract ideology of their separatist sentiment ahead of the real interests of Scotland’s communities, and that is why they were so decisively rejected by Scotland’s coastal communities at the last general election.

Steve Double Portrait Steve Double (St Austell and Newquay) (Con)
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This point has been made, but I will make it again. I have the great honour of representing the fishing village of Mevagissey. The Secretary of State may remember that he promised to come to see the fishermen there—they are still very much looking forward to his visit. That thriving fishing community is made up of under-10 metre vessels. So will he confirm that this Bill will provide opportunities for our under-10 metre fleet to take advantage of the new quota that will be available, so that it can grow, thrive and rebuild the great industry that we have lost?

Michael Gove Portrait Michael Gove
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My hon. Friend makes an important point, one that was highlighted by my hon. Friend the Member for Hendon (Dr Offord)—

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Will the Secretary of State give way?

Michael Gove Portrait Michael Gove
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I am about to use a word that I rarely use, but I am going to use it with greater pleasure than I have ever used it before—no! I am tempted to say: no, nae, never, no more. The one thing I did want to underline is that the under-10 metre fleet, for the reasons outlined before, is a crucial part of the health and vibrancy of coastal communities and of our fishing industry overall. The profitable nature of its enterprise and its commitment to high environmental standards should be emulated by others.

None Portrait Several hon. Members rose—
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Michael Gove Portrait Michael Gove
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I am going to make a wee bit of progress now, if that is okay. One thing that is clear about this Bill is that it has benefited from the support of the devolved Administrations and of non-governmental organisations. As a result, it now allows us to ensure that, as an independent coastal state, we can do what so many have wished, which is fully control access to our own waters and allocate quotas as we wish. Clauses 7 and 8, 11 and 12 will revoke the existing rights of EU nations to access UK waters and ensure that the UK will license individual vessels from other nations on our terms, in a way that is consistent with high environmental principles, to demonstrate that we will have taken back control, not just of our territorial waters, but of our exclusive economic zone extending 200 miles out around the whole United Kingdom. We will make sure, as a number of hon. Members have asked, that we put conservation first.

Our fish are a great natural, renewable resource. We need to make sure that the lessons of the past are learned and that the mistakes that have been made while we have been in the common fisheries policy, and that other states have made through over-fishing, are at last corrected. We need to make sure that the network of marine protected areas and marine conservation zones around our nation are used to regenerate fish stocks. We need to make sure that we have available the effective data so that we can set quotas and total allowable catches sustainably. We need to make sure that we use the world-leading science available in this country from CEFAS and others to ensure that we set a global gold standard for conservation.

One particular way in which the environmental argument has been accepted by some but applied in a way that can be economically harmful and sometimes environmentally counterproductive is the way in which the discard ban has operated. It is quite right that we should seek to restrict fishing that is carried out in a way that might damage the health and resilience of individual species, but because of the nature of much of the fishing that goes on in our waters, particularly but not exclusively in the case of the under-10 fleet, there is a risk of bycatch. No matter how sophisticated the gear, there is a risk that some of the fish caught belong to some of the species that we wish to protect and that these choke species, having been caught by fishermen at a level that threatens sustainability, have to be deployed in a way that means that the fishermen can no longer carry on their business.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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Will the Secretary of State give way?

Michael Gove Portrait Michael Gove
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No, not at this point.

We will introduce, as New Zealand, Norway and other nations have, an approach that means that fishermen can catch and can land, but if they exceed the discard ban, they will pay a penalty. That will ensure that we have a sustainable approach to fisheries, that we enable fishermen to carry on going to sea and that we combine their economic resilience with the environmental resilience of the stocks that we wish to preserve. That change is an example of how we can change individual common fisheries policy rules and regulations by giving effect to the Bill and the framework that it will provide. It is clear from all the representative fisheries organisations that they recognise that individual aspects of the CFP need remedial action and reform. That can happen only if we allow the Bill to pass, which is why it is so important that it makes a speedy passage through the House.

Another point made by several hon. Friends and hon. Members is about the importance of protecting not only diversity at sea but diversity in the fishing industry itself. We need to ensure not only that the pelagic fleets that sail from Peterhead and Fraserburgh have new opportunities, but that those that fish closer to coastal waters—often, the under-10 metre fleets that colleagues have praised—have an opportunity to take advantage of new opportunities. As a result of this legislation, we will have additional quota that we can reallocate in a way that is equitable, fair and sustainable.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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Before he moves on, will the Secretary of State give way?

Michael Gove Portrait Michael Gove
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For the hon. Gentleman, yes.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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What do the Secretary of State’s words on bycatch and everything else mean for spurdog bycatchers?

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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What does it mean for spurdog bycatchers?

Michael Gove Portrait Michael Gove
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It will be easier for those who are responsible for that bycatch to ensure that they can continue to fish in a way that is both environmentally sustainable and economically resilient. I will come back to the hon. Gentleman in due course.

Owen Smith Portrait Owen Smith
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I am grateful to the Secretary of State for giving way; he is being very generous. I am trying to reconcile two things that he has said: first, that we are going to be more mindful of sustainability, and secondly, that we are going to catch more fish. The total allowable sole catch in the Irish sea is currently set at 40,000, when the scientific advice is that it should be zero. Will we be catching more or fewer sole in the Irish sea under the Secretary of State’s future plans?

Michael Gove Portrait Michael Gove
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When it comes to individual species, we will follow the scientific advice that CEFAS and others give us. Overall, however, as we take back control we will have the opportunity to catch more fish in our own waters. The majority of the fish that are caught in UK waters are not caught by UK vessels. Let me give the hon. Gentleman one example. I do not know whether he knows what percentage of cod caught in the English channel is caught by French boats—I do not know whether anyone in the House does—but it is 83%. What percentage of cod caught in the English channel is caught by UK vessels? Just 7%. That is a fundamental inequity in the allocation of national resources. The Bill will allow us to decide who catches what and where, and in line with which environmental principles.

It is not often that a piece of legislation comes before the House that provides us with an opportunity to say to some of the most fragile communities in our country, our coastal communities, “There is real hope and a chance of an economic renaissance. Your suffering has been recognised and we can make a positive difference.” It is not often that legislation comes before the House that, if passed, would see an industry potentially double in size and in its capacity to generate new jobs and new economic opportunities. It is very, very rare that legislation that comes before the House achieves such social and economic goals and at the same time allows this country to underline its credentials as a leader in environmental practice of a kind that other countries would wish to emulate. Not only does this Fisheries Bill manage to bring hope to coastal communities and to reinforce the economic gains of leaving the European Union, but it underlines our credentials as an environmental leader, which is why I commend the legislation to the House.

None Portrait Several hon. Members rose—
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Douglas Ross Portrait Douglas Ross
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That is page 29, but there is absolutely no information on how the SNP would do that or what it would do. It is absolutely farcical—you have no plan for how you will go forward on the CFP; you will simply go back into it and do as you are told.

Other things we have not heard are—[Interruption.] Oh, come on, please. The hon. Lady mentioned nothing about the Scottish Government’s report that says that the fishing industry will benefit from £540 million and see an extra 5,000 jobs in Scotland as we come out of the CFP. The SNP will not mention that, because it wants to go back into the CFP.

I agree with a lot of things said by a number of Members—including the hon. Member for Na h-Eileanan an Iar, my hon. Friend the Member for Banff and Buchan (David Duguid), the hon. Member for Strangford (Jim Shannon) and the right hon. Member for Orkney and Shetland (Mr Carmichael)—about the problems that the Government’s immigration policies are causing for fishermen. I held a Westminster Hall debate on the matter at which a number of Members spoke. [Interruption.] If SNP Members would stop barracking me, I may be able to answer their questions. This is something for which I believe there is cross-party support. I believe that the Government could make small changes to ensure that we get the right people into our—

Douglas Ross Portrait Douglas Ross
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I give way to my right hon. Friend.

Michael Gove Portrait Michael Gove
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Is it not an unerring truth in this House that anyone who speaks the truth gets barracked by Scottish National party Members? They are not interested in debate, the facts, or answering the questions that my hon. Friend is putting; they are interested only in a separatist circus that threatens the jobs and livelihoods of the people they fail to represent.

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George Eustice Portrait The Minister for Agriculture, Fisheries and Food (George Eustice)
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We have had a good debate with many lively exchanges, particularly during the contribution of my hon. Friend the Member for Moray (Douglas Ross). I join the Secretary of State in paying tribute to the DEFRA officials who have worked incredibly hard to get the Bill to this point, to our officials in the Marine Management Organisation, who have done considerable planning on enforcement, and to CEFAS, our science agency, which is truly the best in the world in fisheries science.

The Secretary of State was generous in giving way in his opening speech, and indeed the debate drifted some distance from the contents of the Bill. I will not be giving way, however, as I want to use the short time available to address as many points as possible.

I welcome the fact that the shadow Secretary of State, the hon. Member for Workington (Sue Hayman) supports the Bill. She made some specific points about reallocating quota. We have been clear in our White Paper that we want to move to a different method of allocating quota to the UK fleet. We have also set out proposals in the White Paper to allocate new quota on a different methodology so that it does not simply follow FQA—fixed quota allocation—unit allocations. In the longer term, we could obviously change the allocation keys on the existing FQAs, but the legal advice based on case law is that that would have to be done gradually over a period of time.

It is also important to note that some of the figures bandied about in terms of who owns what quota can be misleading, as there is a huge difference between the small inshore vessels, which are limited largely to the 0 to 12 mile zone, and the pelagic fleet, which has huge vessels with huge capital investment, and for which mackerel is by far the largest stock.

The hon. Lady made some points about sustainability and the discard ban set out in clause 1. She suggested that that is weaker than we have now, but I can tell her that the wording we use in clause 1 is largely borrowed directly from the EU regulation. We envisage that the joint fisheries statement that flows from that—it is a legal requirement and details of it are set out in schedule 1 to the Bill—will define how we will deliver those sustainability objectives. So the basis of clause 1 is borrowed from the existing EU requirements on sustainability.

My hon. Friend the Member for Tiverton and Honiton (Neil Parish) raised the issue of enforcement capacity. We are doing work at the moment with Border Force, some of whose staff have been retrained to do fisheries duties. We also have additional vessels from the Royal Navy that are being tested at the moment, and we are in discussion with the Maritime and Coastguard Agency about aerial surveillance. So we are planning on having a significant increase in our enforcement capacity. My hon. Friend also mentioned the danger of the science being out of date. It is always a challenge with the science, but we do put observers on fisheries vessels, and our scientific models attempt to predict the future by looking at particular trends.

The hon. Member for Edinburgh North and Leith (Deidre Brock) mentioned the clause in the Bill that covers the selling of quota rights and said that the tendering and auction processes should be devolved. They are devolved, and the clause is absolutely explicit that it applies only to England. The licensing of foreign vessels is devolved, but we have said that, with the consent of the Scottish Government and others, the Marine Management Organisation might issue a single licence for the whole UK. Clearly, agreements that are made internationally would be a matter for the UK Government. The hon. Lady also suggested that Norway, being outside the European Union, was a victim of fax democracy and had no control over its fisheries. Nothing could be further from the truth. Norway is a serious player and an independent coastal state that controls access to its waters. It conducts its own negotiations on coastal states matters, unlike us; we are currently represented by the European Union.

My right hon. Friend the Member for North Shropshire (Mr Paterson) gave a passionate speech and raised the importance of allowing selective gear types. This is why we have a power in the Bill to enable us to change technical specifications expeditiously. He has long been an advocate of an effort-based approach. As I have said many times, there are some advantages to an effort-based regime, particularly with mixed fisheries and with the inshore fleet, but there are downsides, too. Generally speaking, a quota system makes the most sense for the pelagic fleet, while an effort-based regime could make more sense for a small inshore fleet. We have set out a proposal in our White Paper for further pilot schemes in this area, particularly for the inshore fleet, but it is not an area that we should rush. My right hon. Friend also asked for reassurance on the United Nations convention on the law of the sea, and I can confirm that UNCLOS will be the new legal baseline once we leave the European Union.

The hon. Members for Penistone and Stocksbridge (Angela Smith) and for Great Grimsby (Melanie Onn) and others raised the issue of tariff-free access for our trade, and of course we are going to be seeking that free trade agreement as part of our future economic partnership, but I would point out that we have a trade surplus in fisheries. We export about £1.3 billion but import £1.1 billion. Largely, the fish species that we export, particularly shellfish, tend to have lower tariffs, while the processed products, which we export far less of, are the ones that tend to have the higher tariffs. I have to say that the message from the processors we have spoken to is, “Don’t sell out the catching sector on our account.” I would really welcome such spirit and courage from other sectors of the economy.

My hon. Friends the Members for South East Cornwall (Mrs Murray) and for St Ives (Derek Thomas) mentioned the unfairness of existing relative stability shares as the allocation key, and we agree. We set out clearly in the White Paper our view that we should move to zonal attachment—that is, where the fish reside—as a fairer and more scientific basis for allocation. We are clear that that is the approach we will take.

My hon. Friend the Member for North Cornwall (Scott Mann) and the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) raised the issue of bluefin tuna. This is a complex issue and it is not specifically covered by the common fisheries policy—it is covered by the International Commission for the Conservation of Atlantic Tunas, which is a regional fisheries management organisation—but this is certainly something that we can consider.

My hon. Friend the Member for Banff and Buchan (David Duguid) has more fishing in his constituency than any other Member in this House. He correctly identified the importance of maintaining access for leverage in negotiations. He also mentioned the issue of lobster and brown crab, which would be covered by the western waters regime but would largely be a matter for the Scottish Government.

In conclusion, the Bill is essential, whether we have a deal or no deal. It gives us the legal powers to control access, set quota and manage fisheries sustainability, and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Fisheries Bill (PROGRAMME)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Fisheries Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Wednesday 19 December.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Amanda Milling.)

Question agreed to.

Fisheries Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Fisheries Bill, it is expedient to authorise the payment out of money provided by Parliament of—

(1) any expenditure incurred by the Marine Management Organisation in connection with the licensing of foreign fishing boats;

(2) any expenditure incurred by the Secretary of State in giving, or in connection with giving, financial assistance to any person for purposes relating to—

(a) the improvement of the marine and aquatic environment;

(b) commercial aquaculture or commercial fish activities; or

(c) the promotion or development of recreational fishing;

(3) any other expenditure incurred under or by virtue of the Act by the Secretary of State or the Marine Management Organisation.—(Amanda Milling.)

Question agreed to.

Fisheries Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Fisheries Bill, it is expedient to authorise the charging of fees, or other charges, under or by virtue of:

(a) the Act,

(b) the Fisheries Act 1981, or

(c) the Marine and Coastal Access Act 2009.—(Amanda Milling.)

Question agreed to.