Monday 22nd June 2020
(4 years, 6 months ago)
Lords ChamberFisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Amendment Paper: HL Bill 71-R-II(Rev) Revised second marshalled list for Report - (22 Jun 2020)
18:09 - Division conducted remotely on Amendment 2 - Ayes: 310 / Noes: 251 - Amendment 2 agreed.
Lord Mackay of Clashfern (Con) [V]
My Lords, this proposal’s reference to “the United Kingdom” requires consideration, given the matters that arise in connection to it from devolution. It is true that fisheries are devolved, and so in respect of rights of the United Kingdom and fish, these will be devolved. It is therefore quite important that the role of the devolved Administrations is kept in view, as is recognised in later clauses in the Bill.
The other point I was slightly doubtful about is that of quotas being owned by the public, or the nation. When the quota is granted, the rights of the quota will belong to the person to whom it was granted. I should have thought that that would mean an innovation to the rights of the public in respect of the quota, once it is granted. To me, it seems clear that the public own the fish stocks in our waters, but it is quite important to recognise the devolution settlements in that connection.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I am grateful the noble Lord for his amendment and to all noble Lords who have taken part in the debate.
As noble Lords will be aware, the United Nations Convention on the Law of the Sea—UNCLOS—establishes that the UK has sovereign rights to manage the marine resources within our exclusive economic zone. This includes fish. I am very glad of the intervention from my noble and learned friend Lord Mackay of Clashfern, and those from my noble friends Lord Caithness, Lady McIntosh and Lord Randall. The Government are clear that there is a public right to these fish. Indeed, lawyers have advised me that UK case law recognises that fish are a public asset, held by the Crown for the benefit of the public. Legally, it is clear that no one individual can own the actual fish. As this fact is already well established in law, I suggest that an amendment to this Bill would not deliver any new clarity on the matter.
It is therefore important to say on the catching rights for those fish that, as noble Lords will be aware, most UK fishing opportunities are managed through fixed quota allocation—FQA—units. These units are based on historic fishing patterns and allow their holders to receive a proportion of the quota for a given stock. However, I emphasise that FQA units do not guarantee that the holder will receive a certain amount of, or even any, quota in these stocks each year. For example, scientific advice about a given stock may recommend that the total allowable catch—TAC—is set at zero. Where a TAC is set at zero, no quota will be allocated to FQA unit holders in that stock, no matter how many FQA units they hold.
As my noble and learned friend Lord Mackay of Clashfern said, FQA units have been held by the High Court to be a form of property right. FQA holders do not own the fish in the sea but the FQA units that they hold entitle them to a share of whatever quota is available in a particular year. They do not confer a permanent right to quota but the Government’s current position is to maintain the FQA system, which has provided certainty to the industry for many years. This does not mean that the Government do not keep quota allocation under review. In fact, in 2012, the Government realigned some FQA units from the producer organisations to the under-10-metre pool.
I should say to the noble Lord, Lord Teverson, that I am advised that there may be some drafting problems with the amendment. An unintended consequence of this amendment is that it could cover rights to catch freshwater fish, which I am not sure was intended. There are various national and local rules governing freshwater fish; these vary under each Administration of the UK. The amendment also refers to the UK exclusive economic zone but this includes only waters beyond 12 nautical miles. To avoid any confusion, the principle of fish being vested in the Crown on behalf of the public applies to all UK waters, including those between zero and 12 nautical miles.
There are further problems with the legal drafting of the amendment. For example, it is assumed that “individuals natural or corporate” refers to “legal or natural persons”. We believe that the different phrasing used in this amendment would cause confusion as to who is intended to be in scope.
In setting out this clear legal view, I emphasise the position on which we are all agreed: fish are a public resource held by the Crown for the benefit of the public and no individual may either own the fish themselves or have any permanent right to fish for them. I take seriously the spirit in which the noble Lord, Lord Teverson, and other noble Lords articulated this point but the case law is absolutely clear on this matter. On that basis, I hope that the noble Lord will withdraw his amendment.
The Deputy Speaker
I have received a request from the noble Earl, Lord Caithness, to speak after the Minister.
The Earl of Caithness [V]
Can my noble friend the Minister comment on what the noble Baroness, Lady Jones of Whitchurch, said? She seemed to be in favour of arbitrarily taking away fisherman’s quotas that are already established, which sounds like a pretty draconian socialist measure to me.
Lord Gardiner of Kimble
On the noble Baroness’s intention, we do not think that it would be helpful to the fishing industry to take away the current system of FQAs and the certainty that that allocation provides. That is why the Government are clear that we do not intend to change the current quota arrangements, except where we will want to look at ways in which any additional quota is allocated. I am sure that the noble Baroness was articulating a view that was not necessarily partisan or political. To be clear, we want the British fishing industry to be successful. I hope that that helps my noble friend Lord Caithness.
The Deputy Speaker (Baroness Henig) (Lab)
Before I call the Minister, I shall call the noble Lord, Lord Cameron of Dillington, who was not able to get in earlier. Lord Cameron? Well, we tried. I call the Minister to respond to the debate.
Lord Gardiner of Kimble
My Lords, what an interesting debate. I am grateful to the noble Lord, Lord Krebs, for initiating it and to all noble Lords. It gives me an opportunity to reiterate the Government’s commitment to supporting the seafood industry in developing sustainably. Across this House we are seeking the same thing: a vibrant and sustainable fishing industry with a greatly improved marine environment and a healthy and valuable food source for millions of people in the UK and abroad.
We all recognise that we have a viable fishing industry in the long term only if that industry is environmentally sustainable, but in our view sustainability is like a three-legged stool, and the Government’s view is that we need to ensure that all three legs are balanced. My noble friend Lord Blencathra was the first to use the word “balance” and I will elaborate on that. It is why the Bill currently gives equal weight to environmental, social and economic considerations. That follows the concept of the three pillars of sustainable development, a concept that is well established in international law and practice. By contrast, the amendment that we are now considering would create a hierarchy in the objectives. It would mean that in any circumstances, short-term environmental considerations would need to override even critical economic and social needs.
I would like to take the opportunity to explain why the Government have significant concerns about the severe impact that the amendment could have on parts of the UK fishing industry. The Government are concerned that giving the environmental limb of the sustainability objective primacy would bring into question the weight that could be given to the other objectives in the Bill as we develop policies and negotiate with the rest of the world. Those are important objectives, developed with the devolved Administrations to ensure that we can agree a UK-wide approach to sustainable fisheries management.
I was somewhat surprised by what the noble Lord, Lord Teverson, said. If we had sought to separate all these matters and had not tried to go forward with a UK-wide approach, I think that many noble Lords would have considered that a retrograde step. Working at these matters at the UK level is advantageous. I will develop that point a little more because I disagree with the noble Lord.
The Government recognise that it might be vital to give more weight to one objective in a particular case, and the Bill recognises that. It requires fisheries administrations to set out in the joint fisheries statement how they have proportionately applied the objectives in formulating policies. The draft statement will be consulted on and laid before Parliament for scrutiny. The Government and the devolved Administrations have thought carefully about the balance here: we need stretching objectives but the weight that each is given may vary depending on the circumstances of a particular case. I say that being particularly mindful of the words of the noble Baroness, Lady Ritchie of Downpatrick.
For example, the approach suggested by the amendment could lead to the closure of mixed fisheries where most fish stocks were at sustainable levels but some stocks were still in the process of recovery. This could severely restrict demersal fishing operations, as well as cuttlefish trawlers, in the south-west. Cuttlefish and demersal fish brought into south-west ports in 2018 alone were worth £57 million.
Introducing a hierarchy could also undermine the UK’s ability to engage constructively with other countries in international negotiations on shared fish stocks. Were the UK to go into negotiations on the basis that it could sign up only to agreements that met certain environmental criteria, we would run the risk of not having deals.
I return to the issue of devolution. This Bill is the result of all Administrations working collaboratively. My understanding is that the amendment does not command the support of the devolved Administrations.
I return too to the importance of the other objectives in Clause 1. I was interested in what the noble Baroness, Lady Young of Old Scone, said about giving the environment a voice. I refer to the precautionary, ecosystem, scientific evidence, bycatch, equal access, national benefit and climate change objectives listed in the clause. If that is not giving a voice to the environment, I cannot imagine what is. I entirely agree with the point that the noble Lord, Lord Mann, made about Siberia. It is very important that we have the climate change objectives in the Bill. What my noble friends Lord Lansley and Lord Blencathra had to say on the matter was extremely pertinent. The breadth of the objectives in the Bill recognises the complexities of decision-making and is designed to deliver both environmental protection and a sustainable fishing industry in practice. This complex and dynamic balance lies at the heart of the Bill, and the amendment would upset that critical balance. As I said, it would throw doubt on the weight to be given to the other objectives and on when they could be taken into account as part of the decision-making process.
The balancing act of fisheries management—and, for that matter, of all sustainable development—lies in ensuring that we see social, economic and environmental progress. This is a balance enshrined in Clause 2, which requires the fisheries administrations to set out in their joint fisheries statement how they have interpreted and proportionately applied the objectives in formulating policies. The purpose of that is to ensure that policies do not give undue weight to one objective or element of an objective over others. It means that we must focus on win-win outcomes for the environment and industry, rather than prioritising one over the other. In addition—I say this particularly to my noble friend Lady McIntosh of Pickering—the new framework of environmental governance and principles being created under the Environment Bill provides an additional safeguard to ensure that the UK Government act in an environmentally responsible manner.
What concerns the Government most about the amendment is that it appears to be based on the premise that you are either for the environment or for industry. The amendment squarely prioritises environmental sustainability, even at the cost of a viable UK fishing industry. We believe that that is a false dichotomy. This Government are both for the environment and for a thriving fishing industry. That is why the Bill as currently drafted recognises the complexity and challenges of fisheries management and sets a framework for addressing the challenges in a constructive way. It seeks to ensure that sustained environmental progress and social and economic considerations go hand in hand in a balanced way.
Finally, it is clearly in the interests of the UK fishing industry to fish sustainably. We all know that with no fish, there is no industry. This Government believe that it is by working positively with industry to address this balance that we are most likely to succeed in achieving our environmental outcomes, alongside ensuring a thriving UK fishing industry into the future.
In the spirit of that final point, I turn to Amendment 20 in the name of the noble Lord, Lord Cameron of Dillington. This aims to ensure that fisheries authorities still try to achieve the sustainability objective when diverging from policies within a fisheries statement or fisheries management plan due to a relevant change of circumstances. As the noble Lord’s speech was truncated, I will be pleased to hear his further remarks and will obviously take them on board.
As I have made clear, I support fully the principle that we should take decisions which ensure that our fishing sector is sustainable in the long term. The provisions for the fisheries statements in Clause 2(1) and the processes set out in Clause 10 clearly show that decisions will be taken with due regard for the sustainability objective, alongside the other objectives, while providing fisheries authorities with the necessary flexibility to respond to relevant changes of circumstances.
We cannot predict the future and we want legislation that allows adaptation to prevailing circumstances. The relevant changes of circumstances that enable deviation from policies within the fisheries statements are, rightly, set out in Clause 10(4) and are there to enable fisheries authorities to remain flexible and adaptable. For example, it could enable them to take account of new evidence that will require a divergence from policies to improve fisheries management.
I reassure the noble Lord, Lord Cameron, that the provisions in Clause 10 do not enable authorities to deviate from the objectives of the Bill on an arbitrary basis. Fisheries authorities must publish their reasons for deviating from any policy in the joint fisheries statement, explaining what they thought to be a relevant change in circumstance and how that affected their decision. Any unreasonable decision not based on a relevant change in circumstance could be challenged in the courts.
I say also to the noble Lord, Lord Cameron, that the Marine (Scotland) Act requires consideration of all three elements of sustainability—social, economic and environmental—in decision-making on the management of marine conservation zones, for instance. It requires any adverse impacts to be minimised so far as practicable and therefore does not provide an opt-out to prioritise one element of sustainable development over another.
I reiterate that I absolutely respect the views expressed by everyone who has promoted these amendments. However, as noble Lords would expect, it is my responsibility to say that the Government cannot accept them because they would undermine the heart of the Bill. What my noble and learned friend Lord Mackay of Clashfern said is relevant: we are dealing with the law, not with the spirit of what was intended. It is about how this proposal would be interpreted in law. At the heart of the Bill is a wish to find a balanced path towards an environmentally sustainable and thriving fishing industry, and of course to provide government accountability when doing so.
Lord Cameron of Dillington [V]
My Lords, my reference to the Marine (Scotland) Act was really trying to say that the authorities up there went for the socioeconomic objective rather than the long-term environmental objective and, as a result, six years after the Marine (Scotland) Act, fishing continues in what should be a protected area. As the noble Lord, Lord Krebs, said in his introduction, short-term socioeconomic priorities always seem to trump long-term environmental objectives. Of course, we all know that such an approach is based on a false premise because securing good ocean health provides the strongest possible foundation for a sustainable industry. In response to the noble Earl, Lord Caithness, it is like a farmer nurturing his soil: without that long-term approach, the socioeconomic future of an industry is not realistically secure. Does the Minister not think that we should now endeavour to achieve the sustainability objectives instead of the eight objectives in Clause 1, which, put together, mean very little?
Lord Gardiner of Kimble
I would say to the noble Lord, Lord Cameron, that there have now been many iterations of the Bill and a lot of consideration has been given to it. We have a balance of objectives here: sustainability, the three-legged stool and all the many other essential objectives, including—as the noble Lord, Lord Mann, effectively mentioned—addressing climate change. There could be no more important objective than that. The Government believe that the balance we have created with the support of the devolved Administrations offers the strongest possible way forward.
Lord Krebs [V]
My Lords, I thank all who have taken part in this important debate; we have heard some interesting and well-informed contributions. Although we are not all of the same view, a clear majority of those who have spoken support the amendment.
I want to pick up on a couple of specific points. The noble Lord, Lord Blencathra, talked about how the different priorities could be balanced, but the difficulty is that Clause 1 contains a fundamental category error. Sustainability is an overarching objective; others, such as the scientific, precautionary and client objectives, are subservient to sustainability. So, it is not a matter of weighing them up against one another; it is a matter of seeing that sustainability is an overarching priority.
I turn to the remarks of the noble Lord, Lord Lansley, who suggested that, in the amendment to Clause 1(2) we had already referred to the three-legged stool. If noble Lords read the amendment carefully, the objective in proposed new paragraph (a) is that
“fisheries and Aquaculture activities do not compromise environmental sustainability in either the long or the short term … subject to”
—and it then goes on to talk about economic, social and employment benefits.
I now come to the Minister’s summing up. I thank him very much for his comments and his thoughtful response to the amendment and the debate. As he said, we are all aiming for the same thing—sustainable fisheries, which mean that today’s activities do not compromise the health of the marine environment in the future. He also reiterated the need to balance the three legs of sustainability; indeed, many noble Lords who spoke also referred to the balance of the trade-offs, including the noble Lords, Lord Blencathra, Lord Teverson, Lord Randall of Uxbridge and Lord Cameron of Dillington, and the noble Baronesses, Lady Ritchie of Downpatrick, Lady Bakewell of Hardington Mandeville, and Lady Jones of Whitchurch.
The Minister said that he thought that the three legs of the stool should be given equal weight. I have difficulty with that because, when I think of weighing something, I need a currency to weigh it in—is it pounds or ounces, kilograms or grams, or what? I am also unconvinced by his explanation of how the trade-offs will be made. Is it mathematical so that, for example, 100 jobs are worth one fish stock? Is it a purely political judgement? If so, by whom and on what basis? Is it a response to lobbying, where those who shout loudest get their way? That would clearly be unsatisfactory. I did a quick search of the specialist literature on how these three legs of the sustainability stool are balanced; the literature suggests that no one has cracked this problem. So, we have to take it on trust that the Government have a solution to the problem secretly up their sleeve. I am afraid I cannot take that on trust.
The Minister also referred to compromising our position in international negotiations. Surely, however, setting out a strong position by saying that we are at the top of the world league table in stewarding our marine environment, along with countries such as Australia and New Zealand, would be a very good starting point for any international negotiation. In view of the fact that I am not convinced that the safeguards proposed will be sufficient to protect the marine environment, I wish to test the opinion of the House.
Baroness Jones of Whitchurch
My Lords, I am grateful to the noble Lord, Lord Krebs, for tabling the amendment and for succinctly and ably addressing the concerns that we raised in Committee about the definition of the bycatch objective in the Bill. We were concerned that the existing wording, which referred to bycatch below minimum sustainable yields being “avoided or reduced”, and bycatch to be landed but only when “appropriate”, lacked the rigour and systematic monitoring of bycatch and discards which the UK Government had agreed. As other noble Lords have said, this issue was explored thoroughly and expertly by the report of the EU Energy and Environment Sub-Committee. It confirmed the case for an absolute ban on discards, but also identified how the policy was being undermined. We believe that urgent action is needed to make a more stringent policy a reality.
The noble Lord, Lord Krebs, has now taken the debate further by seeking to better define the outcome of a bycatch objective. The outcome should be defined not by whether the bycatch is landed or not, but by whether bycatch is reduced using sustainable fishing applications. Obviously we want to drive this down to the absolute minimum. As the noble Lord, Lord Teverson, said, this will be increasingly achievable as we harness the advantages of new technology, particularly the application of remote electronic monitoring, which will be dealt with on a later amendment. We should also learn the lessons of the now discredited catch app, which threatened fishers with legal prosecution from the Marine Management Organisation if they failed to record their catch accurately on the app.
We support this amendment, which adds considerable clarity to the need for bycatch objective, and hope that the Minister will feel able to accept it.
Lord Gardiner of Kimble
My Lords, I am grateful to the noble Lord, Lord Krebs, for this amendment, because it provides me with an opportunity to expand on the Government’s position on bycatch. As he said, we had a most productive meeting before lockdown. All the scientists getting together was fascinating; I tried to keep up with them. The Government are fully committed to ensuring that our stocks are fished sustainably, and to ending the wasteful practice of discarding. We now have an opportunity to develop, for the first time, a catching and discards policy tailored to our own marine environment and our diverse fishing industry. As is made clear through the bycatch and ecosystem objectives in the Bill, it is the Government’s intention that we adopt a more holistic approach for our future policies. We will seek to address the challenges of the wider ecosystem, rather than looking at each area in isolation.
Therefore, I emphasise that the Government wholeheartedly agree with the principle behind the noble Lord’s amendment. We aim to reduce the level of catches and mortality of bycatch to protect and conserve vulnerable fish stocks and, I emphasise, other protected species—I was most grateful to my noble friend Lord Randall for mentioning the albatross, for instance. However, we certainly want to work towards a holistic way of reducing and avoiding bycatch.
Indeed, we believe that the current bycatch objective actually goes further than the noble Lord’s amendment, by setting out a number of sub-objectives. The Government and the devolved Administrations will be legally bound to set out policies relating to all of these sub-objectives in the joint fisheries statement. I therefore hope that this will help my noble friend Lady McIntosh of Pickering.
Clause 1(6)(a) states that bycatch, and the catching of fish that are below minimum conservation reference size, should be reduced. That is similar to the noble Lord’s amendment, but our objective goes on to stipulate that we will also work to avoid it entirely where we can—I say to the noble Lord, Lord Teverson, that it is important that we are working towards avoidance rather than reduction. That might be achieved through more selective fishing practices—I think the noble Baroness, Lady Jones of Whitchurch, alluded to that—and we think that is a stronger position to be in on the matter.
The specific reduction or avoidance in catching those fish which are under minimum conservation reference size, or juvenile fish, is important in the Bill’s objective too. It is particularly important to protect those juvenile fish, as they are, quite clearly, what sustain the stocks for the future. These fish can be at specific risk of being targeted and then sold on or used as bait, which is why paragraph (c) specifically notes that policies must be set out to avoid creating a market for the landing of those fish.
Paragraph (b) of the bycatch objective in Clause 1(6) also sets out the need for accurate recording and accounting for of all catches, which is essential in capping overall mortality. By not accurately recording all catches, we believe that we risk introducing uncertainty in whether stocks are being fished at or beyond MSY—maximum sustainable yield. The amendment proposed by the noble Lord removes some of this detail which, in practical terms, we believe may unintentionally undermine the sustainability of our stocks and may mean that protected species are not conserved. I know that that is not the intent of the noble Lord or of any noble Lords in this amendment.
The bycatch objective in the Bill has been carefully thought through and worded in such a way as to tackle not only discarding itself but also the root cause of discarding in the accidental take of fish. As I say, I found our discussion with the scientists stimulating, but I hope that these further remarks on this issue will help the noble Lord to feel able to withdraw his amendment.
Lord Krebs [V]
I thank all noble Lords who have taken part in this short debate. I think that we are all agreed on the purpose of the amendment and the intention to make the bycatch objective contribute to the sustainable management of our marine environment. I also thank the Minister for his reply, although he was rather too modest in his account of following the science; he was very good at asking the hard questions that put the scientists firmly on the spot.
However, on the substance, the Minister has provided the reassurance that I sought. To recap what I understood him to have said, the bycatch objective aims to reduce bycatch and bycatch mortality as part of sustainable fisheries management in order to support the conservation of fish stocks and the wider marine environment. Although I would prefer to reword the bycatch objective as I proposed in the amendment, I am content that the Minister’s statement in his reply explains the Government’s position, which is in fact that which we had hoped to reach in tabling this amendment. I therefore beg leave to withdraw.
Lord Randall of Uxbridge [V]
I am grateful to the noble Baroness, Lady Jones of Whitchurch, for tabling this amendment. We have had some excellent contributions. Climate change is such an important issue for us all that it should be considered in everything that we do, if not at the heart of what we do, in these sectors. As the noble Baroness has just said, we should not look at climate change in isolation as an issue only for the Environment Bill; it has to be considered in all Bills. I urge the Government not simply to say that they will take it seriously. We want to see action. Thursday’s report will show that we are falling well behind on this issue.
Lord Gardiner of Kimble
My Lords, I am most grateful to the noble Baroness for her amendment, which would require the joint fisheries statement to include a specific statement setting out how the fisheries administrations’ policies contribute to the achievement of the climate change objective. The Government agree that the joint fisheries statement should include such a statement, and I will take this opportunity to expand on where this is already covered in the Bill.
The existence of the climate change objective in Clause 1 means that fisheries administrations must already set out, in the joint fisheries statement, their policies for achieving or contributing to the climate change objective. These must include policies addressing the adverse effects of the fish and aquaculture sectors on climate change and for adapting those sectors to its impact in the future.
Lord Grantchester
I thank the noble Lord, Lord Teverson, for tabling these amendments. I support Amendments 8 and 12, to which I have added my name. This group of amendments returns to the topic covered in some detail in Committee but where concerns remain about the Government’s approach.
I believe I am right in saying that we all recognise the unique challenge in this area: that the human concepts of borders, division lines in miles from any coast and exclusive economic zones are not recognised and respected by the fish we catch. Recognising this, it is safe to say that we are all in agreement on the need to co-operate with our neighbours on fisheries management —indeed, we all accept that we are bound to do so, at least by international treaties and conventions. However, we need to co-operate better by recognising that fish migrations will only increase in response to conditions brought about by climate change. Ordinarily, this level of consensus would result in the tabling of government amendments which, while not changing the accepted legal position, could provide clarity and reassurance. For the avoidance of all doubt, the issue would be dealt with in the Bill.
The majority of stocks are shared and we need to avoid future aggressive actions between fishing fleets. Amendments 8, 12 and 13 strike me as uncontroversial but not, as the Minister may say, unnecessary. He may argue that the duties already exist and do not need to be in the Bill. We respectfully disagree and believe that legislation should properly reflect the situation as we, and the fisheries policies authorities, understand it to be.
I do not believe these amendments would have unintentional consequences. If that were the case, it would not have been by design and I am sure that the Minister and his officials could have formulated their own satisfactory wording. We have repeatedly been told that this legislation cannot change because it requires the agreement of the devolved Administrations and there is simply no mechanism for revisiting it. That argument does not hold water—if I may be allowed to use that analogy—when it is understood that the Minister will accept two amendments in the very next group. I am therefore unable to understand why the Government are resisting these amendments. Can the Minister commit to thinking again and bringing forward appropriate changes at Third Reading?
Lord Gardiner of Kimble
My Lords, I am most grateful to the noble Lord, Lord Teverson, for the opportunity to discuss these amendments and to all noble Lords who have taken part in this debate. I am interested that the noble Lord, Lord Teverson, did not believe that the Government thought that fish somehow go about. Perhaps I may reassure the House that we recognise that fully; there is nothing in the Bill to suggest anything else.
We recognise fully that it is essential to manage fish stocks across shared boundaries. Many of our important stocks migrate to and from, or are simply spread across, the waters of the UK, those of other states and the high seas. As the noble Lord, Lord Grantchester, mentioned, our international obligations require us to work with other countries on the management of shared stocks. It is therefore imperative—I agree with the noble Lord, Lord Teverson—that our policies take this into account and are effectively co-ordinated with other states.
The noble Baroness, Lady Ritchie, raised international co-operation, which is critical to achieving the ambitious objectives set in the Fisheries Bill. We recognise this, and it will be integral to the joint fisheries statement. For example, the ecosystem objective requires us to use an ecosystem-based approach to manage fish activities and to minimise and where possible eliminate incidental catches of sensitive species. This cannot be achieved without considering the needs of migratory species across their range and by working closely with our neighbouring states. The scientific evidence objective requires us to follow the best available scientific advice, which will entail working closely with other countries, as well as international bodies such as ICES. As further reassurance, the joint fisheries statement will indeed include our approach to co-ordinating with adjacent coastal states and, among other elements, how migration of species into and from adjacent exclusive economic zones or territorial waters will be taken into account in that co-ordination.
I also emphasise the importance of another piece of the legal framework which is not covered in this Bill as it is already part of our international agreements. As noble Lords will be aware, we do not as a matter of course restate international legal commitments in domestic legislation, but that does not mean that they do not continue to be relevant to the United Kingdom. The UN Convention on the Law of the Sea—in particular, Articles 63, 64, 66 and 67 of UNCLOS—already provides an internationally recognised and binding set of requirements setting out how states should co-ordinate in, among other things, managing shared and migratory stocks that occur in their waters. The noble Baroness, Lady Ritchie of Downpatrick, raised this issue. These requirements are given further effect and developed in more detail in the UN fish stocks agreement. These already oblige us to take into account the nature of such stocks and to co-operate with other states in their management. We should be mindful not simply to duplicate existing international obligations in domestic legislation, which I fear could be a consequence of this amendment.
The Government are committed to continued close co-operation with our regional neighbours and international partners more widely. We will join regional fisheries management organisations as an independent contracting party. In so doing, our commitment to fulfil the obligations that come as part of RFMO membership will continue, but having our own seat at the table will give us a renewed opportunity to co-ordinate effectively with other states.
We also intend to develop new fisheries agreements with other coastal states so that we can work directly with them to develop frameworks for effective management of shared stocks. The more detailed aspects of the co-ordination with other states—by which I mean the arrangements we make with them on the management of shared or migratory stocks—will be determined through the annual cycle of RFMO meetings and consultations with other states. Our approach to these consultations will need to remain flexible and adaptable in order to co-ordinate effectively with other states, whose own positions will change and evolve, and to reflect the dynamic nature of fisheries management. For this reason, Clause 10(1) includes provisions for some flexibility in our approach due to changes in circumstances, which could include changes relating to the United Kingdom’s international obligations. It is for this reason also that stipulating the detail we should include in the joint fisheries statement on matters of international co-operation presents difficulties.
I will raise some specific points on Amendments 12 and 13. As noble Lords will know, international law and domestic law are different legal systems. While we will of course use our best endeavours to seek to agree sustainable management of shared stocks, the legal position is unequivocal: we cannot impose requirements on other states via domestic law. International agreements are creatures of international, not domestic, law. Amendments 12 and 13 seek to bind foreign states to comply with UK law in respect of developing management plans for shared stocks. Those states clearly would be bound by any international agreement agreed with the UK, but we cannot use a UK statute to bind other states.
I am glad that the noble Lord, Lord Teverson, found the discussion of fisheries management plans of some use. I was grateful to all noble Lords who attended those meetings and am genuinely very pleased that the noble Lord found these matters positive in principle. These management plans—I say this also to my noble friend Lord Lansley—are designed to be a domestic UK model for managing fishery activity within the UK waters. As I have said, the process of agreeing joint management plans with other countries in relation to shared stocks is necessarily separate under international law. We will set out our policies for doing this in the joint fisheries statement.
There will also clearly be links between international plans and our domestic fisheries plans. Measures agreed internationally will be reflected in our fisheries management plans, and we will seek to ensure that measures we support are adopted in international plans. The joint fisheries statement would include policies on how we intend to do this in practice.
On a separate matter, this amendment does not take account of the UK Government’s reserved competence in relation to international negotiations. This amendment would place a duty on all the fisheries administrations to seek to reach agreement on shared stocks. International negotiations are a reserved matter, and one in which the UK Government should represent the interests of the whole of the United Kingdom, engaging—I emphasise —with the devolved Administrations through our established consultation processes.
I take extremely seriously all that the noble Lord, Lord Teverson, and others have said. I have set out the position as I see it, but I absolutely emphasise that the only way in which we are all going to have success on these matters—a vibrant ecosystem and a vibrant fishing industry—is through co-operation. That is absolutely intrinsic to both our international obligations and the way in which we have constructed the Bill. Yes, it is a framework Bill, but there is more coming for parliamentary scrutiny and consultation.
I hope that the noble Lord will be reassured that the matters he raised are taken extremely seriously. They are absolutely pertinent to a successful fisheries system across our waters and those we share with our neighbours. For tonight, I very much hope he will feel able to withdraw his amendment.
Lord Teverson
I thank the Minister very much for that positive and upbeat response, and I thank all noble Lords who have contributed—particularly the noble Baroness, Lady Ritchie, illustrating the particular issues between Northern Ireland and the Republic. Sometimes we over on this side, in Great Britain, look a little too often just to those on the other side of the North Sea and the channel, rather than the Irish Sea.
There is absolutely nothing in Amendments 12 or 13 that tries to bind any foreign state to anything, but I do not want to go down a negative route on this. I am very assured by the Minister’s response. The Government’s tone on this seems to have changed substantially since Committee. Maybe we were talking at cross purposes in Committee—I am not sure. From the conversations we have had with his officials over these management plans, it certainly seems clear that they expect to engage strongly with adjacent coastal and EEZ states.
It was useful that the noble Lord, Lord Naseby, mentioned the science, ICES and the fact that we continue to share that resource. Both we and the European Union at least—and Norway, I presume—use ICES. On mackerel stock, that is a pelagic species; stocks in that area are a lot more straightforward than in a mixed fishery, as in the Celtic and south-west seas.
Given the Minister’s very positive response and that of his officials when we have had discussions, I feel far more confident that these management plans will achieve what we both want them to. I beg leave to withdraw the amendment.
Lord Gardiner of Kimble
My Lords, I am most grateful to my noble friend Lord Lansley for his proposed amendments, which require the national fisheries authorities to use criteria that are transparent and objective and take account of environmental, social and economic factors when distributing catch and effort quotas to our fishing boats. As noble Lords will know, this Bill has been through a number of iterations. We have said that the Government would consider carefully all amendments brought forward—and I say to the noble Baroness, Lady Jones of Whitchurch, that we have considered all of them. In particular, we have considered those which provided an opportunity to set out a clear way forward for the UK as an independent coastal state outside the confines of the common fisheries policy. We have consulted all the devolved Administrations and they agreed to the drafting of my noble friend’s amendment.
We listened to the concerns expressed by Members of your Lordships’ House that Clause 25 could be made more transparent, could better reflect our status as an independent coastal state, and should be clearly linked to the UK fisheries’ objectives. I am particularly grateful to my noble friend for his tenacity on this matter.
I should also respond to the contribution from the noble Lord, Lord Cameron of Dillington. He rightly raised this in Committee and spoke in support of a clarification of Article 17 of the common fisheries policy, as well as about the importance of making clear the link between quota distribution and the Bill’s fisheries objectives. In England, we communicate criteria used through the quota management rules. This is devolved, so each Administration would undertake this. The Government consider that these two amendments proposed by my noble friend would deliver on all those points raised previously. The amendments would set out the criteria for distributing UK fishing opportunities on the face of the Bill rather than by reference to retained EU law. The wording of the provision has been updated to reflect UK drafting style, but the revision includes the same requirement for transparent and objective criteria that take account of environmental, social and economic factors.
This approach is in line with the Government’s policy of maintaining the current system for distributing our existing share of quota. It also provides a clear framework for development in England of a new method of allocating any additional quota we secure following the transition period. Furthermore, these amendments make the link between the UK fisheries objective and quota distribution clear. The joint fisheries statement will set out the Administrations’ fisheries policies for meeting the fisheries objectives. This statement must include each Administration’s policies on the distribution of quota. That was the point that the noble Baroness, Lady Ritchie of Downpatrick, and the noble Lord, Lord Cameron of Dillington raised. I should also say to the noble Baroness, Lady Ritchie, that science is always integral to our quota-setting and will continue to be so.
This ensures that the Secretary of State, the devolved Administrations, and the Marine Management Organisation must all use transparent and objective environmental, social and economic criteria when making decisions on the distribution of fishing opportunities, and must explain how their policies on quota allocation contribute to the achievement of the fisheries objectives. As I have said before, in England, the criteria used could then be published in the English quota management rules.
I hope that all noble Lords will take this in the spirit I intend. We looked at all the amendments, and thought that that this one had particular merit. I am not saying that any amendment lacks a kernel of importance in it, but my noble friend and other noble Lords made a point that we found very compelling. I am grateful to my noble friend for bringing this matter to your Lordships’ attention, and I therefore am pleased to support my noble friend’s amendments to the Bill.
Lord Lansley
I am grateful to my noble friend, and I reiterate my thanks to him and his colleagues in the department who worked together on this subject. I am also grateful to all noble Lords who contributed very positively to this debate. It is rather an agreeable thing to have at this stage of proceedings on the first day on Report, and I hope it will not be the last time.
On one point raised by the noble Baroness, Lady Jones of Whitchurch, if she cares to look back, I tabled an amendment in the latter part of March, which led to discussions with the department through the latter part of April, and by the end of May we had arrived at a new draft. By this time, the structure of that draft had been the subject of the consultation with the devolved Administrations, referred to by my noble friend. It did not all happen in the last few weeks; it was derived from the Committee stage, and I pursued it soon after the last day in Committee. I echo my thanks to the noble Lord, Lord Cameron of Dillington, and the noble Baroness, Lady Worthington, who raised these points of substance in Committee. To that extent, the origination of this draft is not my own, and is owed to them as well. I am most grateful to all noble Lords for their support for this amendment. I give notice that I intend to move formally Amendment 28 at a later stage.
Lord Grantchester
My Lords, Amendment 11, which was moved by the noble Lord, Lord Lansley, raises an important question in relation to the formulation of joint fisheries statements. Indeed, what happens if the authorities disagree on the policies to be included or their suitability in relation to the overall fisheries objectives? This is an area where we tried to tease out a little more detail in Committee, albeit with a focus on the Clause 9 power for authorities to make transitional provision. My concern then was to ensure joined-up policy-making rather than dealing with a formal dispute between different parties. However, the essence of the problem is the same. With different authorities working on different areas of policy, what mechanism is or should be in place should differences occur?
The amendment moved by the noble Lord, Lord Lansley, proposes an ability to refer matters to an independent review that would report in a relatively short timeframe. Such an approach would not necessarily resolve the differences of opinion, but it would at least provide an external arbiter whose findings each body would have to take account of. I would be grateful if the Minister could outline the process envisaged under the current formulation. If he does not agree with the approach suggested in Amendment 11, will he acknowledge that this may require further thought as the Bill progresses through the Commons?
Lord Gardiner of Kimble
My Lords, I am most grateful to my noble friend for his amendment. The fisheries administrations have a strong track record of working closely together to develop fisheries management policy. We recognise that there will be areas where we take different approaches to reach the same goals. The Fisheries Bill provides a common and transparent legislative framework for developing policies on shared objectives. Crucially, it also provides the flexibility for each Administration to choose how best to contribute to those same goals. This is essential to achieve sustainable management of our fisheries, recognise and accommodate the diversity of our industry and respect the devolution settlements.
The processes for developing the statements, as set out in the Bill, involve a great deal of consultation and parliamentary scrutiny, and before that there will need to be close working between the Administrations throughout the drafting process. There are therefore many opportunities for working together through potential differences. Nevertheless, we recognise the need for a clear mechanism for resolving disputes, should they arise. The key point is that we already have in place a clear, transparent dispute resolution process for fisheries management.
It may help noble Lords if I briefly set out this formal process. It is enshrined in the general memorandum of understanding between the UK Government and the devolved Administrations. This sets out an intergovernmental dispute resolution process that applies across many areas, including fisheries issues. In general, any differences are considered and resolved by policy officials and, if necessary, can be referred to the senior officials programme board for further consideration. In the highly unusual event that issues remain unresolved, they can be escalated through the EFRA inter-ministerial group. Where a difference over an issue cannot be resolved at the EFRA portfolio level, it becomes a disagreement that, as a last resort, any party can refer to the Joint Ministerial Committee secretariat. The Joint Ministerial Committee consists of the Prime Minister, the First Ministers from the devolved Administrations and the three territorial Secretaries of State.
While this formal process has been adopted through the wider MoU, most fisheries issues are resolved through joint working between officials, which we have found leads to overwhelmingly harmonious and successful outcomes. There is also regular individual and collective ministerial contact between the Secretary of State and Ministers from all Administrations representing fisheries and the environment.
All four fisheries Administrations are also signatories to the 2012 Concordat on Management Arrangements for Fishing Opportunities and Fishing Vessel Licensing in the United Kingdom, which sets out ways of working. The intention is that this will be replaced by a new fisheries memorandum of understanding as part of the UK and devolved Administration common frameworks programme. The memorandum of understanding will reflect the changes to the relationship between the devolved Administrations and to how devolution will operate now that we have left the EU. It will set out how we will work together to deliver the joint fisheries statement and include a fisheries-specific dispute resolution process.
Ultimately, Clause 2(1) requires the joint fisheries statement to include policies which achieve, or contribute to the achievement of, the objectives set out in Clause 1, which enables each Administration to develop approaches appropriate for their industry. The statutory requirement for consultation and parliamentary scrutiny of the joint fisheries statement in each Administration will provide certainty that the policies developed will meet the requirements of Clause 2.
The Government do not see that a separate independent review would have the additional value my noble friend has sought to articulate, given the existing well-tested processes for resolving disagreements between the fisheries Administrations, which have worked overwhelmingly successfully to date. I hope that my noble friend will accept this fairly brisk explanation and feel able to withdraw his amendment.
Lord Lansley
I am most grateful to my noble friend. It might have been brisk, but it was also thorough. It helped a great deal, particularly the reference to the dispute resolution mechanism in the memorandum of understanding that will replace the concordat, which I am very grateful for. He will have heard what I said about ensuring equal treatment; I am sure that the consultations on the joint fisheries statement, not least with the producer organisations, will afford an opportunity to make sure that those issues which have concerned them can be exposed and dealt with, if necessary through the mechanisms my noble friend describes. In view of his response, I beg leave to withdraw my amendment.