Tuesday 1st September 2020
(3 years, 7 months ago)
Commons 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)
21:54 - The House divided: - Ayes: 49 / Noes: 326 - Question accordingly negatived.
The Secretary of State for Environment, Food and Rural Affairs (George Eustice)
I beg to move, That the Bill be now read a Second time.
Fishing is at the heart of coastal communities the length and breadth of the United Kingdom, from the Shetland Islands all the way down to Cornwall and some of the communities that I represent. Across the UK, the seafood sector employs about 33,000 people in often dangerous work, and I would like to take this opportunity to pay tribute to all our fishermen, who risk the perils of the sea to bring fish to our tables, and, in particular, to remember the six fishermen who sadly lost their lives last year.
Of course, the industry has also been hit hard by the impact of the coronavirus on the export of fish, but once again, our resilient fishing communities have shown real ingenuity by finding new ways to sell fresh fish direct to our doors. However, the common fisheries policy has long been seen by these coastal communities as a policy that symbolised the unfairness of our EU membership and the failure of EU policy. It has granted uncontrolled access to UK waters for EU vessels. It has given the European Commission the legal right to trade UK fishing interests during international negotiations with our neighbours such as Norway and the Faroes, and the principle of relative stability has set in stone an anachronistic methodology for sharing quota dating back to the 1970s, which is profoundly unfair to the UK fleet and does not reflect the quantity of fish found in British waters.
For example, under relative stability, we receive just 10% of the overall quota for Celtic sea haddock, but our zonal attachment analysis suggests that our share should be around 50%. Overall, the UK fishing industry currently has access to just around half of the fishing opportunities that are in our waters, and that cannot be right. The CFP has also failed our marine environment. The misallocation of fishing opportunities combined with ill-conceived technical measures and a cumbersome decision-making process that is slow to correct errors, have all taken their toll on the health of our marine environment and the resources in our waters.
As we leave the European Union, we have the opportunity for the first time in almost half a century to correct these shortcomings. The Bill before the House today gives the UK the powers that it needs to chart a new course as an independent coastal state. It gives us the powers we need to implement the approach that we outlined in our fisheries White Paper published in 2018. The Bill sets out in statute the environmental and scientific principles and objectives that will inform future policy. It creates a legal requirement for a joint fisheries statement across the UK Administrations relating to those objectives, and it creates a legal requirement for the preparation of a series of fisheries management plans to ensure that continuous progress towards our objectives is secured.
The Bill also gives us the power to control access by individual foreign vessels to our exclusive economic zone. This includes the power to stipulate, through a vessel licence, where in our EEZ a vessel may fish, when it may fish there, what fish it may catch while there, and what type of fishing gear it may or may not use. The ability to control and manage access to our waters will be crucial to ensuring that a fairer sharing arrangement prevails in future.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
Like many right hon. and hon. Members, I suspect, I have received emails from campaigners calling for a ban on super-trawlers in UK countries’ fisheries’ waters. My understanding is that there is no UK-registered super-trawler. I suppose that many citizens will be perplexed as to why there is no mention of this in the Bill. Is it not the reality that these provisions will be made in future trade deals rather than in legislation coming from this House?
George Eustice
The hon. Gentleman is wrong in that the Bill does provide the powers for us to exclude all these trawlers through the licence conditions that we have, and that is not affected at all by any trade deals. The reason the super-trawlers are there at the moment is that they are allowed to be under EU law. Some of them are registered in countries such as, for instance, Lithuania. Under EU law, they are allowed to fish in our waters and there is nothing we can do about it. If the House passes this Bill, we will be able to exclude those vessels if that is our choice.
The Bill also gives us the power to modify and introduce technical conservation measures relating to matters such as the type of fishing gear that can be used, and other requirements relating to equipment or area-based restrictions that help to conserve our marine environment and preserve stocks.
Sir Edward Leigh (Gainsborough) (Con)
The Minister talks about the welfare of fishermen. Apostleship of the Sea tells me that the industry after Brexit will be just as reliant, perhaps even more reliant, on non-European Economic Area nationals. They enter this country, or this industry, under a very opaque system that almost pretends they are not there. As a result, they have no rights and are often abused in the workplace. After Brexit, can we ensure that we work with the fishing industry and other regulatory mechanisms to ensure that these people are properly cared for and we have a robust visa system?
George Eustice
My right hon. Friend makes an important point. He is right that there is, in some sections of the fleet, quite a reliance on non-EEA crews. This issue has been raised. Of course, as we leave the European Union, we will also have an independent immigration policy. The issue that he addresses is very much one for the Home Office and for future immigration policy. But of course, as an independent country, we are free to make changes that we deem necessary or appropriate.
I know that there will be a great deal of interest in the House in the ongoing negotiations with the European Union and whether a future partnership agreement will include a fisheries partnership agreement. However, I would say to hon. Members that it is very important today to focus on the contents of this Bill. The powers in this Bill will be needed whether or not there is a further negotiated outcome on a future partnership with the European Union. The Bill does not prescribe a particular outcome but gives us the powers that are needed irrespective of that outcome.
I turn now to some of the specific clauses. The objectives set out in clause 1 range from the ecosystems objective and the scientific evidence objective to the newly introduced climate change objective, putting sustainability at the heart of a new framework for managing our fisheries. As we become an independent coastal state, we are taking back control of fisheries in the UK’s exclusive economic zone and leaving behind the outdated common fisheries policy, so clauses 12 to 19 of the Bill end the automatic access to UK waters for EU vessels. As I said earlier, there has long been an historic injustice in the sharing arrangements set in stone under relative stability. However, the CFP has also previously prevented us from extending certain technical conservation measures required of our own vessels to EU vessels accessing our waters. Schedule 2 extends to foreign vessels for the first time the technical statutory instruments that protect, for instance, undersized or vulnerable stocks.
Clauses 38 and 40 propose powers to bring forward secondary legislation to introduce technical measures for fisheries and to ensure aquatic animal health. Those powers are essential so that we can make timely changes and adaptations to policy, to reflect a changing marine environment. The powers will enable us to follow the latest scientific evidence on fish stocks, respond to technological innovation and make our data collection more effective.
We will be working with the industry, scientists and local communities to develop a more transparent fishing management policy that will help us to achieve healthy fish stocks and a diverse marine ecosystem. The marine environment is complex, and we will make science and sustainability a core component of our approach. We remain committed to ending the wasteful discarding of fish at sea, and we will use a range of tools to ensure that the landing obligation works in practice, as well as in theory, including through the prevention charging scheme, which is introduced under clauses 30 to 34.
Mrs Sheryll Murray (South East Cornwall) (Con)
Does my right hon. Friend accept that using our own landing obligation will stop fishermen having to basically tie up because of the silly CFP by-catch rule?
George Eustice
My hon. Friend is a long-time expert in fisheries policy, with direct experience of all the difficulties and shortcomings of the CFP, and she makes an important point. We have a particular problem, due to the unfair sharing arrangements under relative stability, of what is called choke species affecting our fleet, where there simply is not enough quota for fishermen to even be able to land their by-catch. As she says, the lack of quota for choke species causes a risk that the fleet has to tie up because they simply do not have the quota available to them. We set out in our White Paper a fairer sharing arrangement, so that there will be fewer choke species, but also an approach to managing discards that will enable us to charge a disincentive charge on fishermen who land out-of-quota stock, rather than force them to discard it at sea in a very wasteful way—so we remove the incentive to target vulnerable species but give fishermen left in a difficult position an option that they can exercise.
Mr Robert Goodwill (Scarborough and Whitby) (Con)
Will the Bill allow us to give grant aid to fishermen to have more selective fishing tackle, to enable them to not catch the choke species that cause these problems?
George Eustice
My right hon. Friend makes a very important point. I know that he was involved in crafting some of these measures during his time in DEFRA, and I can confirm that those measures remain in place. We have powers in the Bill to make grant payments to fishermen, in particular to support them in fishing in a more sustainable way and investing in the gear that enables them to do that. I was about to come on to that point.
As we plan for our future, we need to recognise the immense value of fishing to our local communities, and we want to ensure that our own industry is able to benefit from the new opportunities that will arise. The powers in clause 35 mean that we can set up new funding schemes and grants to support the development of port infrastructure, the development of our fishing industry and its capacity to manage an increased catch and to manage those sustainability issues.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
It is, of course, important that we look to the future. Some 95% of the Welsh fishing fleet is under 10 metres in size, and it is essential that, with this Bill, we ensure that they, too, can gain an advantage from this. Will the Secretary of State consider the potential of the quota reserve in enabling that small fleet to go after different species and thus ensure diversity and a more prosperous economic future for Welsh coastal communities?
George Eustice
The right hon. Lady raises an important point. We have, over the past five years, significantly increased the amount of quota in the inshore pool managed by the Marine Maritime Organisation to give increased fishing opportunities to the under-10 metre fleet, but we want to go further. Indeed, the White Paper sets out our approach to doing that. In the short-term we will not depart from the fixed-quota-allocations sharing mechanism that we have with vessels, but any new quota that comes as we depart from relative stability will be allocated in a different way. We have said that it is our intention to use some of that increased inward quota to increase opportunities for the inshore fleet.
The fisheries management plans in clauses 6 to 9 will provide a comprehensive framework to manage stocks in a way that respects the devolution settlements and improves accountability. The Bill also sets out, in clause 45, the extension of competence for Senedd Cymru in relation to fisheries to the Welsh offshore zone. That will allow Welsh Ministers to manage the full extent of Welsh waters in future.
My officials have been working closely with all the devolved Administrations. Their collaboration on the Bill has improved it. In fact, on fisheries, the Department for Environment, Food and Rural Affairs has always worked closely with the devolved Administrations. Each December, the UK delegation, in annual fisheries negotiations, is supported by Ministers from all the devolved Administrations. Ministers may come from different political parties, but we all work together to secure the best outcome for the UK fleet. I welcome the fact that the Administrations in Scotland, Wales and Northern Ireland have all indicated that they are happy with the Bill.
I turn now to some of the issues debated in the other place and the amendments that were made there. Our view is that we must avoid the pitfalls of the cumbersome common fisheries policy. That is why, in Committee, the Government will be seeking to remove overly prescriptive amendments to the Bill made in the other place. Although they were well intentioned, they risk becoming counterproductive in practice. We must maintain the flexibility required to develop domestic policy tailored to the needs of the United Kingdom without creating complexity or uncertainty. We owe it to our fishermen and coastal communities to help them to benefit further from the fish caught and landed in UK waters as we take back control. We will therefore seek to overturn clause 18, which is unnecessary in light of the national benefit objective already set out in clause 1 and which reduces the flexibility we currently have in using licence conditions to implement an economic link. The fisheries White Paper made clear that we will be reviewing the economic link conditions in England. The Government are committed to doing so.
Peter Aldous (Waveney) (Con)
On that particular point, the Minister is quite right in that what has motivated local communities so much for Brexit is the need for them to gain benefit from that. The economic link is vital for that. Can he perhaps set out when the Government will complete their review of the economic link?
George Eustice
My hon. Friend makes a good point. As with all the work we are doing, this work is under way and we will be consulting the industry on it. I am not in a position today to give him an actual date for the completion of that work, but I can assure him—I know he has been a long-time campaigner on this issue—that we take this issue very seriously. We do want to strengthen the economic link. That is likely to include requirements on vessels to land more of their catch in UK ports. However, we have to proceed with some caution because the right economic link will vary depending on the species of fish. It is important that we do not inadvertently deny fishermen the ability to sell their fish at the best possible price by requiring them to land everything in the UK. That is why some balance has to be struck.
We will seek to remove clause 27 because a proportion of quotas is already guaranteed to the under-10 metre fleet and neither will the drafting of the clause address the need to attract new entrants. We will also be seeking to overturn clause 48, which is unnecessary and too prescriptive. We already have powers to increase the use of remote electronic monitoring, which we will be able to do once we have a greater understanding of how it would be deployed.
Jim Shannon (Strangford) (DUP)
The Minister referred to the viability of the under-10 metre fleet, which is very important to us in Northern Ireland. Just last week the Northern Ireland Fish Producers Organisation gifted an extra quota to the under-10 metre fleet to enable it, with the help of Department of Agriculture, Environment and Rural Affairs in Northern Ireland, to continue to be viable. As the Minister rightly says, it takes all the devolved Administrations, across the whole of the United Kingdom, to work together on behalf of those fleets, which is why the way in which this is managed locally is so important.
George Eustice
The hon. Gentleman makes an important point. I know that fishing in Northern Ireland is particularly important to some communities, particularly when it comes to nephrops, and he is right that it has been a long-standing practice that producer organisations with unutilised quota will often gift some of it to the under-10s so that they have access to more fishing opportunities. In the longer term, it is important that we have a better framework to ensure that inshore vessels do not necessarily have to wait for a gift of quota, but have access to a fairer share of the quota in the first place.
We will also be seeking to overturn an amendment made to clause 1 that would seek to create a hierarchy in the objectives. We think this is unnecessary and unhelpful. Environmental objectives have already been given a degree of priority through the requirement for fisheries management plans, which is how we have addressed that issue.
In conclusion, I have always been clear that the UK will continue to be a world leader in promoting sustainable fisheries, so that we stop hammering vulnerable stocks and think about the longer-term future of our marine environment. We must follow the science, and I would like to take this opportunity to pay tribute to our fisheries science agency, CEFAS––the Centre for Environment, Fisheries and Aquaculture Science—which is home to some of the world’s most talented marine scientists. There are wonders swimming around our shores—some 8,500 different species. As an island nation, the UK can show the world that a better approach can deliver more balance, profitable fisheries and an enhanced marine environment. This Bill sets in stone our commitment to improve the health of our seas and gives fishermen the better future they deserve. This Fisheries Bill gives us the powers we need to do all these things as an independent coastal state for the first time in decades, and I commend it to the House.
Mr Deputy Speaker (Mr Nigel Evans)
Before I call Luke Pollard, I want to indicate that a six-minute limit will be put on all non-Front-Bench contributions from the very beginning, and it is likely to be reduced further.
Richard Drax (South Dorset) (Con)
I, too, pay tribute to all the fishermen who fish our waters, particularly those who fish off the beautiful cost of South Dorset. They are an integral part of our community, and a very valuable one, and we must fight to do all we can to retain them. I agree with the excellent point made by my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) that fishing within the 12-mile nautical limit should be for British boats. I, too, would be most grateful if the Minister could give some indication of whether that will be the case, when she or he sums up at the end of the debate—
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
It’s definitely a she!
Richard Drax
I see a she there, but we do not know who is going to sum up the debate. That is why I added that disclaimer.
We all know that the fishing industry is totemic. Like all fishermen, those in South Dorset feel let down and neglected, as do many others in this country. Before I came here today, I spoke to Andy Alcock, a fisherman in Weymouth who runs three boats. He is secretary of the local Association of Weymouth and Portland Fishermen and Boat Owners. I asked him what his views were, and what he wanted me to say today. His views mirror mine. He says, “We want our waters back. That’s what you told us when we argued about leaving the EU, and that’s what we expect to get.” He says that 18% of all fish sold on the continent comes from within our 25-mile limit. He would rather that we caught that fish and sold it to them. Both he and I hope that Ministers will stand their ground during the negotiations with the EU and not allow fishing to become a bargaining chip.
At the beginning of this year, I reminded the Prime Minister of a question asked by my right hon. Friend the Member for North Shropshire (Mr Paterson), who sadly is not with us at the moment. In December 2019, my right hon. Friend asked the Prime Minister:
“Will he guarantee that we will not make the mistake of the 1970s and allow the allocation of fishing resources to be a bargaining chip in the treaty negotiations? Will he guarantee that we will become a normal independent maritime nation and conduct negotiations on an annual basis for reciprocal deals to mutual advantage?”
The Prime Minister replied that we need
“to restore to this country the advantages of its spectacular marine wealth, and that is exactly what we will do, once we become an independent coastal state.”—[Official Report, 20 December 2019; Vol. 444, c. 148.]
Nothing less than that will do.
The Bill provides for that and I welcome it. Of course I will support it tonight, but fears remain in the fishing industry that fishermen might still, at this late stage, be betrayed as negotiations reach a critical stage at the end of this year. I urge the Government to stand firm, whatever they do, and not to betray our fishermen or our country. We have fought so hard, and it would be a tragedy if we betrayed them on this issue.
I have a message for Mr Barnier: “Hands off our fish!” My wife, who speaks fluent French, texted me a short time ago, so if he is listening, I say, “Monsieur Barnier, laissez nos poissons!”
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
It is a real privilege to close the debate on this important Bill. I will try to address what I can in the moments I have, but where I do not, I undertake to follow up specific issues with hon. Members directly; this has been a very wide-ranging debate.
There has clearly been a lot of interest in the status of the negotiations with the EU. Indeed, the Chairman of the Select Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), also raised the important negotiations that are going on with Norway and the Faroes. I understand the level of interest, and of course I share it, but this is not the place to discuss the current position of those negotiations. The task before us tonight is to make progress with this important Bill. It is a framework Bill that gives us the power to implement whatever we obtain in the negotiations. The measures in the Bill are required regardless of the outcome of the negotiations, and we must press on with our legislative programme.
The Bill has been developed in collaboration with the Scottish, Welsh and Northern Ireland Administrations, and with their help it has been improved. As the right hon. Member for Orkney and Shetland (Mr Carmichael) said, Minister Ewing recognised this last month when he confirmed the Scottish Government’s recommendation of consent for the Bill, saying:
“Unlike for other UK bills, the co-operative working between officials and indeed ministers in the Scottish Government, the Department for Environment, Food and Rural Affairs and the other devolved Administrations has demonstrated what can be achieved”.
At their request, this Bill gives the devolved Administrations more powers than ever to manage their fisheries. This is an opportunity to create tailored approaches to fisheries management across the UK.
I pay tribute to my hon. Friend the Member for Moray (Douglas Ross). It is clear, on tonight’s showing, that he will be an outstanding leader of the Scottish Conservatives, and we have seen tonight—if we ever doubted—that he is very firmly on the side of the Scottish fishing fleet. My hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) made an excellent speech, and I would also like to mention the Under-Secretary of State for Scotland, my hon. Friend the Member for Banff and Buchan (David Duguid), who, because of his ministerial responsibilities, was unable to speak in the debate. I think it is fair to say that the Scottish industry is well represented in this House, as those Members take a great interest in every decision that is taken.
In a perceptive speech, the right hon. Member for Orkney and Shetland said that there is a great deal of consensus for what the Bill is trying to achieve, and many Members from across the House spoke about getting the balance right—namely, the complexities of managing a diverse ecosystem with the interests of an equally diverse fishing fleet.
My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) made a stand-out speech. Of course, she helped to craft the Bill, and spoke passionately about its aims and objectives.
We heard some superb and wide-ranging Back-Bench speeches from across the House. The issue of safety was rightly raised on both Front Benches, and most passionately by my hon. Friends the Members for South East Cornwall (Mrs Murray) and for North Devon (Selaine Saxby), the right hon. Member for Tynemouth (Sir Alan Campbell), the hon. Member for Luton North (Sarah Owen), who I welcome back from maternity leave, and many more Members across the House. Much work is being done on the issue. As Members have said, there is absolutely no need to wait for the outcome of the Bill to do this important work, and it is right to say that the Department for Transport, the Marine and Coastguard Agency, and Seafish are working hard on this issue. Unusual though it may be, I pay tribute to the shadow Secretary of State for the work that he has done to raise this issue again and again in this place. It is not a matter particularly for tonight’s debate, but definitely a matter of concern to all of us in this House—and that should have been heard loud and clear.
Other speeches that stood out for me included that of the former Minister, my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), who gave us an important historical round-up of why we are here. On the specific point that he raised, I will ask the Scallop Industry Consultation Group to raise the issue of gear conflict. I undertake to report back to him on that.
Many Members encouraged us to eat more local fish and to promote British seafood, and many noted what had been done during the pandemic to support that and said how much more direct selling was being undertaken at the moment. I refer specifically to my hon. Friend the Member for Great Grimsby (Lia Nici), who represents the proud port of Grimsby, my hon. Friends the Members for Totnes (Anthony Mangnall), for West Dorset (Chris Loder), for North West Durham (Mr Holden) and for Witney (Robert Courts)—all of them proud eaters of seafood who were encouraging their constituents to be the same—and, of course, my hon. Friend the Member for Southend West (Sir David Amess). I am not sure that it is Government policy yet that Southend should become a city, but there can be no doubt that he sticks up for the rights of his fishing industry and the rights of his people to eat what they produce.
We also heard some passionate speeches about the marine environment from the hon. Member for Bristol East (Kerry McCarthy) and my hon. Friend the Member for Witney (Robert Courts). The strong voice of Cornwall was heard around the Chamber and, indeed, acknowledged by the hon. Member for Angus (Dave Doogan), who accepted that many of the issues raised mirror those of his own fishermen. It is great to have so many Cornish colleagues who, in their own words, would say that they had done a proper job at standing up for the industry. My hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who is married to a fisherman, cannot be here tonight, but we heard strongly about the worries that Cornish colleagues have about the inshore fleet. I would like to reassure them that we are working with a number of recently formed groups—again, supported by Seafish—to collaborate on more sustainable management for specific stocks such as whelks and crabs. We have noted that parts of the industry have had louder voices than others in the past, and these new groups are an attempt to address that.
I should also mention the work of REAF, the Renaissance of East Anglian Fisheries, which was referred to by my hon. Friend the Member for North West Norfolk (James Wild) and my hon. Friend the Member for Waveney (Peter Aldous), who mentions it frequently in this place. Its report contains some excellent ideas, which the Government will continue to look into.
Fisheries management plans will revolutionise how we manage our precious fisheries. They will allow us to take a holistic approach to management, managing fisheries at an appropriate level, not fettered by lines on maps or differences between inshore and offshore, between Inshore Fisheries and Conservation Authorities districts or even between Administrations. We will continue to work with industry and interested parties in a much closer way, developing plans together and ensuring that we use the best possible evidence and local knowledge, so that we can create a management for fisheries that is truly appropriate.
A number of Members mentioned funding. Of course, with a fairer share of fish and more opportunities, we expect that profitability and investment in the sector will increase. However, we recognise that this will take time, so I would like to restate that the Government will maintain funding for fisheries across the UK’s nations throughout the Parliament, as we said in our manifesto commitment. The Bill provides new, expanded funding powers, which will allow us to fund infrastructure such as port development and training—I see the right hon. Member for Tynemouth nodding; I know that that has long been a concern of his. These new domestic funding schemes will support our priorities, and as a devolved matter, each Administration will lead on their own programme.
We all recognise the importance of the inshore sector, not just our Cornish colleagues. I am really pleased that, over the summer, tourists have been able to travel to our coastal communities and enjoy the very best of what our seas have to offer. As a family, we enjoyed some wonderful weather in Tenby over the weekend. It has been rather a shock to come back, straight into this important Bill. I would like to take this opportunity to congratulate those seafood businesses that have adapted and innovated as a result of the pandemic and are encouraging more and more people to eat locally caught and directly sourced fish. We are determined to continue to work on this as a Government; it is a real priority for us.
Fishing is a key part of our heritage as an island nation. The injustices felt by so many concerning the common fisheries policy loomed large in the debate over our decision to leave the EU. This Bill gives us the opportunity to put that right and reclaim our position as an independent coastal state. It is a framework Bill, and I look forward to working across the House to put meat on the bones of the Bill, but it does what it needs to do, which is give us the powers we need to act in a flexible and responsive way, providing sustainable fisheries for future generations. I commend the Bill to the House.
Question put, That the amendment be made.