Fisheries Bill [ Lords ] (Third sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 10th September 2020
(4 years, 2 months ago)
Public Bill CommitteesFisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 10 September 2020 - (10 Sep 2020)
The Committee divided: - Ayes: 2 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
Luke Pollard
This is a probing amendment. I want fisheries to be sustainable, as we discussed on Tuesday, but I also want them to be safe for British fishers, foreign fishers and all those in our waters. We have tabled the amendment to hear from the Minister what would happen in scenarios in which a foreign fishing boat is in trouble near our waters, and the only way for them seek help or to address their concerns is to enter our waters, where they may not normally have a licence to operate.
I hope that the Minister will say that under our international commitments to safety on the high seas, those boats would receive aid and, because of the close working relationship that I hope we will have with our European neighbours, we will be able to co-ordinate rescue efforts if required, and so the authorities will not need to prosecute in those circumstances. Furthermore—as the Minister will know from her legal past—should any prosecution take place for such a scenario, which I doubt it would, the public interest test to evaluate whether there were a case would probably not be passed if the vessel were genuinely seeking help.
Moreover, the Bill must specify that if a foreign fishing vessel enters UK fishing waters for the purpose of fishing, but erroneously claims that it is because they are in distress, they would be committing an offence in that circumstance as they would not have a licence to operate in our waters, and could face prosecution. This is a probing amendment, tabled mainly to enable the Minister to clarify that scenario on the record.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
It is nice to serve under your chairmanship again, Mr McCabe. It is always a pleasure to set out this situation, which already exists under the law in this important area. We all agree that the safety of fishermen and seafarers is critical. The amendment is not necessary, as the hon. Gentleman possibly surmised.
The Merchant Shipping Act 1995 already contains special provisions for vessels in distress, allowing any UK or foreign vessel that is wrecked, stranded or in distress in any place on or near the coast of the UK, or in any tidal water within UK waters, to receive assistance, quite rightly. Articles 17 and 18 of the United Nations convention on the law of the sea allow the right of innocent passage, applying to all ships of all states in territorial seas, an exclusive economic zone or the median line. For example, in poor weather, foreign vessels can stop fishing and shelter behind a headland to escape the worst of the storm. I understand from the Marine Management Organisation that that happens fairly often, particularly in the east and south-west.
Vessels are allowed safe navigation and passage, and we already allow shelter in our waters and ports so that foreign vessel owners can deal with, for example, injuries, repairs to their vessels, replenishing their provisions or refuelling. Foreign vessels can also safely transit through our waters to reach more distant fishing grounds. None of that will change. Any further exceptions will be agreed in international arrangements and set out in vessel licensing conditions. This is already provided for in subsection (1) of the clause, so I therefore ask that the amendment be withdrawn.
Luke Pollard
I am grateful for the Minister’s clarifying that situation, and on the basis of that clarity, I am happy to withdraw the amendment. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Question put and agreed to.
Clause 12 ordered to stand part of the Bill.
Clause 13
Regulation of foreign fishing boats
Question proposed, That the clause stand part of the Bill.
Victoria Prentis
This clause introduces schedule 2, which extends to foreign vessels a wide range of secondary legislation made by the UK Government and, at their request, Welsh Ministers and the Northern Irish Department. It will make it clear that foreign fishing boats are bound by the same regulations as UK fishing boats. Under the common fisheries policy, the UK was prevented in most cases from applying its local rules to vessels from other EU member states. The clause and schedule 2 seek to rectify that, ensuring a fairer approach to foreign vessels that—subject to negotiations, of course—are granted access to fish in UK waters.
Luke Pollard
The set of amendments to the clause and the schedule relate an awful lot to the Undersized Velvet Crabs Order 1989. There will be some concern, after only a cursory glance at the amendments and the schedule, that the Government are permitting the taking of undersized crabs, which would obviously be contrary to the principles of sustainability that we have spoken about. I will be grateful if the Minister sets out the intent behind the undersized velvet crabs amendments in a wee bit more detail.
Victoria Prentis
Mr McCabe, would you like me to deal with this now or when we deal with the amendments?
The Chair
It is probably better to deal with it when we get to the amendments.
Clause 13 ordered to stand part of the Bill.
Schedule 2
Regulation of Foreigh Fishing Boats
Victoria Prentis
I beg to move amendment 11, in schedule 2, page 42, line 38, leave out from “crabs)”, to end of line 1 on page 43 and insert
“, in paragraph (2), after “foreign fishing boats” insert “of sea fish caught in waters lying outside British fishery limits”.”
This amendment exempts foreign vessels from restrictions in the Undersized Velvet Crabs Order 1989 in relation to fish caught outside British fishery limits.
The Chair
With this it will be convenient to discuss Government amendments 12 to 16, 18, 22 and 23.
Victoria Prentis
These are very technical amendments, and it is difficult to get our order and our arguments in the same place. Amendments 11 to 16 make changes to paragraph (2) of schedule 2, which amends the Undersized Velvet Crabs Order 1989 and indeed extends it to foreign vessels, in answer to the hon. Gentleman’s question. The amendments remove unnecessary references to Scottish fishing boats, so that the order applies effectively to Northern Ireland. The amendments also ensure that the restrictions in the order do not apply to foreign vessels when they catch fish outside British fishery limits.
Similarly, amendment 18 exempts foreign vessels from restrictions in the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 in relation to fish caught outside British fishery limits. Amendments 22 and 23 just remove some superfluous words in relation to that. I therefore commend the amendments to the Committee.
Luke Pollard
I am grateful to the Minister for setting that out. For the sake of clarity, the Undersized Velvet Crabs Order 1989 was not previously on my reading list; however, it was yesterday. I am grateful to those people who got in touch asking whether this would put further pressure on those species. From my understanding of what the Minister has just said, it does not relate to any further risk to the stock levels; it relates only to access. I am grateful for what she has said on that.
Amendment 11 agreed to.
Amendments made: 12, in schedule 2, page 43, line 2, leave out, from “crabs)” to end of line 4 and insert
“, in paragraph (2), after ‘foreign fishing boats’ insert ‘and were caught in waters lying outside British fishery limits’.”
This amendment exempts foreign vessels from restrictions in the Undersized Velvet Crabs Order 1989 in relation to fish caught outside British fishery limits.
Amendment 13, in schedule 2, page 43, line 13, leave out “Scottish or”.
This amendment removes Scottish fishing boats from the scope of article 4 of the Undersized Velvet Crabs Order 1989 (which imposes a minimum size for carriage of velvet crabs in the English zone).
Amendment 14, in schedule 2, page 43, line 13, leave out “or a foreign vessel”.
This amendment exempts foreign vessels from restrictions in the Undersized Velvet Crabs Order 1989 in relation to fish caught outside British fishery limits.
Amendment 15, in schedule 2, page 43, line 16, at end insert—
“(4) A foreign vessel is prohibited from carrying in the English zone velvet crab that were caught in waters lying within British fishery limits and are below the minimum size mentioned in sub-paragraph (1).”
This amendment exempts foreign vessels from restrictions in the Undersized Velvet Crabs Order 1989 in relation to fish caught outside British fishery limits.
Amendment 16, in schedule 2, page 43, line 23, leave out “Scottish or”.—(Victoria Prentis.)
This amendment removes Scottish fishing boats from the scope of article 4 of the Undersized Velvet Crabs Order 1989 (which imposes a minimum size for carriage of velvet crabs in the English zone).
Victoria Prentis
I beg to move amendment 17, in schedule 2, page 43, line 29, at end insert—
“(5A) After article 4 insert—
‘Fishing by Faroe Islands-licensed foreign vessels
4A (1) Nothing in article 2, 3 or 4 applies in relation to fish that were caught by a Faroe Islands-licensed foreign vessel in waters lying within the Special Area unless, at the time they were caught, the vessel was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.
(2) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
‘Faroe Islands-licensed’;
‘the Special Area’.”
This amendment exempts foreign vessels from certain provisions of the Undersized Velvet Crabs Order 1989 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
The Chair
With this it will be convenient to discuss Government amendments 19 to 21, 24 to 26, 3 and 4.
Victoria Prentis
These amendments are necessary to ensure that we comply with the provisions of the treaty entered into with Denmark in 1999. The treaty concerns maritime delimitation between the UK and the Faroe Islands. The 1999 agreement, or for the purposes of the Bill the Faroe Islands treaty, provides for a special area in the UK exclusive economic zone, exclusively in Scottish waters, over which both parties exercise jurisdiction for fisheries management purposes. A bespoke approach is required to manage that shared area in the right way.
The amendments provide the legal framework for who is able to regulate fishing in that special area from 1 January. They provide the Faroese authorities with the ability to license foreign vessels in that area, as well as providing the option for the appropriate UK licensing authority to license foreign vessels if that is required. Were the amendments not made, we would not be able to implement the Faroe Islands treaty, which might put us in breach of our international obligations. The amendments to schedule 2 exempt vessels licensed by the Faroe Islands fishing in a special area from some secondary legislation that is applicable in Scottish waters.
This is a technical area. We make the amendments in the knowledge that we have a very positive relationship with the Faroe Islands on fisheries management, and we remain committed to collectively improving the way the sea is managed and governed. Indeed, it is through our working on a new future fisheries agreement with the Faroe Islands throughout this year that we have been able to agree the approach to this issue.
Mr Robert Goodwill (Scarborough and Whitby) (Con)
Would my hon. Friend further agree that the Faroe Islands are an exemplar of how to maintain a sustainable fishery, using technology such as long lining, for example?
Victoria Prentis
I am very happy to agree with the former fisheries Minister on this point. I know he did a great deal of work with the Faroe Islands, and we have had a very constructive working relationship with them throughout the course of this year. The issue has now been resolved properly, as it should be, in the Bill.
International negotiations are reserved but implementing international agreements, for example by licensing fishing boats, is a devolved matter, so this is a complex area to legislate for. We have worked very closely with our Scottish Government colleagues, who I would like to thank, and colleagues across Government, to come to an agreed approach that respects both reserved and devolved competences. I am grateful that Scottish Ministers were prepared to and will play an active role in the delivery of this amendment. I commend the amendment to the Committee.
Luke Pollard
I welcome the Government legislating to comply with international treaties, which I am sure the Minister will agree with—I know she is a fond supporter of the rule of law. Until very recently, I did not think that complying with international law or international treaties was a point of contention in this House, but perhaps I am just being old-fashioned in that respect.
We support the amendments to comply with the 1999 agreement with Denmark and the Faroe Islands—that was something else I did not expect to have on my reading list last night, but none the less a thrilling treaty to have a read of. We think there should be no question when it comes to complying with international law, so we support the amendments, but I would like to press the Minister slightly on one aspect.
The Minister will know that when the 200-metre EEZ became the norm, the UK and Denmark on behalf of the Faroes sought to delimit their maritime zones. However, they disagreed at the time on the method and that produced areas of overlap. Those grey areas or special zones, which the Minister referred to in her remarks, are basically a no man’s water subject to special provisions.
For fishing in the special zones, each country can fish and regulate its own vessels. As the Faroes are not in the EU, the measure has not had much impact to date. However, it does now, potentially. As the Minister will no doubt be aware, we are seeing an increase in RIG activity—that is, Russia, Iceland and Greenland—in the areas around the Faroe Islands and the surrounding high seas. The RIG countries are not signatories to the sharing of coastal states agreements, in particular the North East Atlantic Fisheries Commission. I would be grateful if the Minister could offer some clarity on whether the measure only applies to Faroese boats and not those from Russia, Iceland and Greenland—countries that the Faroe Islands may grant permissions to fish. How does that apply to the approach the Government are taking?
The stocks in this zone are big business and I am anxious to ensure that we are not leaving a back door here for fishing in this joint area to become over-exploited by others under Faroese permissions. It is of particular importance that we safeguard our distant water fleets. I do not want to see British fishers undermined in this way. I would be grateful if the Minister could set out some clarity, in particular in relation to RIG activity.
Victoria Prentis
This is a highly technical area, and while the hon. Gentleman was kind enough to mention my legal background, I am not sure that I am able to provide him with a complete answer now. I am going to try, but I would like to caveat that, as all experienced lawyers would, with the fact that I will write to him afterwards if I am found to have been wrong.
It is interesting that this special area is quite a unique legal entity. The conflict with the licensing provisions already in the Bill had not come to light until it got to the point of negotiations with the Faroe Islands, when it became clear that there might be some points of conflict.
The 1999 treaty permits either party to license foreign vessels, so both the Faroe Islands and the UK authorities —in this case, the Scottish Government—are able to do that. I think that probably answers the hon. Gentleman’s concerns. That certainly does not mean that there are no rules in this area of the sea. Many of the licence conditions will be very similar for whichever party issues the licence, and the UK will of course still exercise standard controls and enforcement in the area. Both parties already have a commitment in the 1999 treaty, I believe, to co-operate on marine protection measures, which will further preserve this area. I feel that that is probably an answer to the hon. Gentleman’s question, but if there is more to say, I will say it to him in writing.
Luke Pollard
I am grateful to the Minister, and I appreciate that this is a very difficult area. My key concern is about overfishing. From what I gather from the Minister, because the UK and Faroese fisheries authorities will be issuing licences, that would include RIG activity within those waters. Is her understanding that there is sufficient data transfer between those two licences and a scientific basis to ensure that those waters are being fished sustainably?
Victoria Prentis
That is what I believe to be the case, but I want to check that. This special marine area is a fascinating area of law. I cannot pretend that I know all the answers at the moment, so I will get back to the hon. Gentleman if I have told him the wrong thing. Otherwise, we will leave it as stated.
Amendment 17 agreed to.
Amendments made: 18, in schedule 2, page 44, line 19, leave out from “prohibition)” to end of line 20 and insert—
(a) in paragraph (1) omit “wherever caught”;
(b) in paragraph (2), after “applies” insert “(wherever caught)”;
(c) after paragraph (2) insert—
“(3) The landing in England or Northern Ireland from a foreign fishing boat of any sea fish to which this article applies that were caught in waters lying within British fishery limits is prohibited.””
This amendment exempts foreign vessels from restrictions in the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 in relation to fish caught outside British fishery limits.
Amendment 19, in schedule 2, page 44, line 22, at end insert—
‘(4A) After article 4A insert—
“Fishing by Faroe Islands-licensed foreign fishing boats
4B (1) Nothing in article 3(2) or 4A(1) (fishing prohibition) applies in relation to fishing at any time by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless, at that time, the fishing boat was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.
(2) Nothing in article 4(3) (landing prohibition) applies in relation to fish that were caught by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless, at the time they were caught, the fishing boat was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.
(3) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
“Faroe Islands-licensed”;
“the Special Area”.”
This amendment exempts foreign fishing boats from certain provisions of the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
Amendment 20, in schedule 2, page 44, line 36, at end insert—
‘(3A) After article 4 insert—
“Fishing by Faroe Islands-licensed foreign fishing boats
4A (1) Nothing in article 4 (landing prohibition) applies in relation to fish that were caught by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless, at the time they were caught, the fishing boat was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.
(2) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
“Faroe Islands-licensed”;
“the Special Area”.”
This amendment exempts foreign fishing boats from certain provisions of the Undersized Edible Crabs Order 2000 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
Amendment 21, in schedule 2, page 45, line 13, at end insert—
‘(2A) In article 3, in paragraph (3), at the end of sub-paragraph (c) insert “; or
(d) carried in, or used by, a Faroe Islands-licensed foreign fishing boat for the purpose of fishing in waters lying within the Special Area unless the fishing boat is, at the time it is so carried or used, included in the list maintained and published by the Scottish Ministers for the purposes of section16(2A) of the Fisheries Act 2020.”
(2B) In article 3, after paragraph (3) insert—
“(4) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
“Faroe Islands-licensed”;
“the Special Area”.”
This amendment exempts foreign fishing boats from certain provisions of the Sea Fish (Specified Sea Areas) (Regulation of Nets and other Fishing Gear) Order 2001 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
Amendment 22, in schedule 2, page 45, line 16, leave out “in relation to”
This is a minor amendment removing superfluous wording.
Amendment 23, in schedule 2, page 45, line 19, leave out “in relation to”
This is a minor amendment removing superfluous wording.
Amendment 24, in schedule 2, page 45, line 26, at end insert—
‘(2A) In article 3, in paragraph (2), at the end of sub-paragraph (c) insert—
“(d) to fishing at any time by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless the fishing boat is, at that time, included in the list maintained and published by the Scottish Ministers for the purposes of section16(2A) of the Fisheries Act 2020.”
(2B) In article 3, after paragraph (2) insert—
“(3) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
“Faroe Islands-licensed”;
“the Special Area”.”
This amendment exempts foreign fishing boats from certain provisions of the Prohibition of Fishing with Multiple Trawls Order 2001 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
Amendment 25, in schedule 2, page 46, line 11, at end insert “, or
(d) a foreign fishing boat outside British fishery limits.
‘(4) The prohibition in this article does not apply in relation to a net carried in, or deployed by, a Faroe Islands-licensed foreign fishing boat for the purpose of fishing in waters lying within the Special Area unless the fishing boat is, at the time it is so carried or deployed, included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.
(5) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
“Faroe Islands-licensed”;
“the Special Area”.”
This amendment exempts foreign fishing boats from certain provisions of the Shrimp Fishing Nets Order 2002 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands. The amendment also clarifies that the Order only applies to foreign fishing boats when they are within British fishery limits.
Amendment 26, in schedule 2,page 46, line 34, at end insert—
‘(2A) In article 3, in paragraph (2), at the end of sub-paragraph (c) insert “, or
(d) to fishing at any time by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless the fishing boat is, at that time, included in the list maintained and published by the Scottish Ministers for the purposes of section16(2A) of the Fisheries Act 2020.”
(2B) In article 3, after paragraph (2) insert—
“(3) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—
“Faroe Islands-licensed”;
“the Special Area”.” —(Victoria Prentis.)
This amendment exempts foreign fishing boats from certain provisions of the Prohibition of Fishing with Multiple Trawls Order 2003 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
Question proposed, That the schedule, as amended, be the Second schedule to the Bill.
Victoria Prentis
This schedule amends a wide range of secondary legislation, covering issues such as prohibitions on fishing at certain times of the year, rules on gears that may be used in certain fisheries, and a prohibition on catches of certain species that currently applies only to UK vessels. The purpose of the schedule is to amend the relevant secondary legislation so that it will, in the future, apply to all vessels fishing in UK waters regardless of nationality. That should ensure an equitable approach towards our treatment of foreign vessels, if access is negotiated, of course. Extending these statutory instruments will mean foreign vessels will be bound by the same sustainability regulations as UK boats for the first time. That is a major win for this Bill. At the Welsh Government’s request, the schedule also includes an equivalent amendment to secondary legislation made by them.
Question put and agreed to.
Schedule 2, as amended, accordingly agreed to.
Clause 14
British fishing boats required to be licensed
Question proposed, That the clause stand part of the Bill.
Victoria Prentis
This clause sets out the conditions under which British fishing boats are prohibited from fishing anywhere without a licence except for very special exemptions. It consolidates existing provisions in the Sea Fish (Conservation) Act 1967. The Secretary of State may make regulations to add, remove or vary the exceptions listed in this section. Scottish and Welsh Ministers and the Northern Ireland Department must consent prior to any such regulations being made. If British fishing boats carry out unexempted fishing activities under this clause without a licence, the owner, charter and master will be guilty of an offence.
Luke Pollard
I have a simple question for the Minister. I think that many fishers would welcome clarification, especially in relation to later amendments about electronic licences, of what the licence is. Can it be an electronic licence, or does it need to be held in hard copy on a fishing boat?
The pre-covid regulations required a hard copy to be held on board a fishing boat while it was at sea. However, the covid regulations published by the Department made it an electronic one. Presumably for consistency with other covid-related regulations that requirement will be removed once the pandemic is over, creating a distinction between the holding of a hard or electronic copy.
Clearly, there is a subtle difference between a bit of paper or an electronic file on an email server. Particularly with reference to enforcement activities, what definition is the Minister using of the form of the licence?
Victoria Prentis
Do you know, Mr McCabe, I do not think that is covered in the Bill. What I do know is that the licence must name the fishing vessel to which it is attached, and is granted to the boat’s owner or charterer. I do not know that we need to specify in legislation whether it needs to be in hard copy or electronic form. As to what is probably the best way to deal with it, clearly covid exemptions still apply and we do not know what trajectory we are on with the pandemic at the moment, so I think we should carry on considering the Fisheries Bill and take the conversation elsewhere and deal with it in the context of the pandemic, if that is acceptable.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Power to grant licences in respect of British fishing boats
Question proposed, That the clause stand part of the Bill.
Luke Pollard
I note that the National Federation of Fishermen’s Organisations—not an organisation that I always agree with about its fishing lobbying, although I respect the energy and enthusiasm with which it pursues its purposes—puts forward some questions about the different classifications of boats in its brief, which I am sure the Minister and her officials have seen.
The NFFO is concerned that the clause gives powers to the Marine Management Organisation to grant licences for
“any other British fishing boat”.
The clause gives the power to grant a licence to Scottish Ministers in respect of a Scottish fishing boat, Welsh Ministers in respect of a Welsh fishing boat, and the Northern Ireland Department in respect of a Northern Ireland fishing boat. However, for any other British fishing boat the MMO has the power to grant a licence. My question is about the imbalance of the wording about the remits of the MMO and the devolved Administrations.
I understand that the MMO grants licences to English fishing boats, but I appreciate that the Minister and the Bill are at pains to avoid saying “English fishing boats”. Is it, however, to be understood that, for the purpose of the provision, a “British fishing boat” is an English fishing boat rather than a British fishing boat that may also simultaneously include a Scottish, Welsh or Northern Irish fishing boat? I think that the NFFO would be grateful for clarity on that from the Minister.
Victoria Prentis
It is no problem at all. We hoped the clause clarified the existing law and it reflects in fact the status quo. Each UK fisheries administration licences its own boats, wherever it is they actually fish. The Bill consolidates legislation that has been in force since 1967 and amended many times, not just at UK level but at devolved level. With agreement from the devolved Administrations, the provisions in the Bill are merely to carry on with the status quo, but to tidy up the statute book and try to help to deliver a coherent licensing regime for British fishing boats.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Amendments made: 3, in clause 16, page 12, line 32, at end insert—
“(b) by a Faroe Islands-licensed fishing boat in waters lying within the Special Area.
‘(2A) The exception in subsection (2)(b) does not apply in relation to a foreign fishing boat that is for the time being included in a list maintained and published for the purposes of this subsection by the Scottish Ministers.”
This amendment excepts foreign fishing boats from the requirement to be licensed under the Bill where they are fishing in the Special Area and have a Faroe Islands licence. It also gives the Scottish Ministers power to remove this exception from particular foreign fishing boats by putting them on a published list. These changes are in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.
Amendment 4, in clause 16, page 13, line 3, leave out subsection (8) and insert—
‘(8) For the purposes of this section a fishing boat is “Faroe Islands-licensed” if there is in force a licence issued by or on behalf of the Government of the Faroe Islands authorising it to fish in waters lying (to any extent) within the Special Area.
(9) In this section—
(a) “the Special Area” means the Special Area, as defined in Article 4 of, and Schedule C to, the Faroe Islands Treaty;
(b) “the Faroe Islands Treaty” means the agreement between—
(i) the Government of the United Kingdom, and
(ii) the Government of the Kingdom of Denmark together with the Home Government of the Faroe Islands,
relating to the maritime delimitation in the area between the Faroe Islands and the United Kingdom, entered into on 18 May 1999;
(c) “licence” (except in subsection (8)) means a licence granted under section17.” —(Victoria Prentis.)
This amendment inserts definitions into clause 16 in connection with Amendment 3.
Clause 16
Foreign fishing boats required to be licensed if within British fishery limits
Question proposed, That the clause, as amended, stand part of the Bill.
Victoria Prentis
The clause sets out the arrangements under which foreign vessels must be licensed to fish in UK waters, if, of course, such access is negotiated. These arrangements mirror those for British boats.
Luke Pollard
I am grateful to the hon. Member for that intervention and I share her concerns and those of her constituents about electro-pulse beam trawling in particular. It was an area where, sadly, the last time we debated the Fisheries Bill there was not cross-party agreement. Indeed, the proposals to ban electro-pulse beam trawling in British waters were voted down by the Government party at the time, and further voted down when the Bill was debated in the main Chamber.
Having control of who fishes in our waters is really important; I agree with the hon. Member on that. Indeed, that is the position that my hon. Friend, the shadow Fisheries Minister, set out yesterday.
What happens to electro-pulse beam trawling within UK waters is technical, but it still really matters. I use the example of Dogger Bank because there is an assumption at the moment among many fishers and environmentalists that foreign fishing vessels equipped with electro-pulse beam trawling gear are using that gear on the Dogger Bank, partly because of the nature of the seabed in relation to that, while simultaneously having other gear on board, so that they can claim they are using one type of fishing gear when in fact they are using a different type of fishing gear.
I see no justifiable reason for electro-pulse beam trawling in British waters. It ravages our seabed, causes enormous ecological destruction and is not something that the constituents I represent in Plymouth want to see—nor, by the sounds of it, those whom the hon. Member for South Ribble represents. That is why the enforcement question is important.
If an assessment is required under the Conservation of Offshore Marine Habitats and Species Regulations 2017 before a new fisheries licence is granted for foreign fishers, especially in special areas of conservation, and there is a concern out there—I believe there is—how is that requirement correctly enforced? Will that additional appropriate assessment prevent foreign fishers from using gear that we regard as environmentally damaging in our own waters?
Victoria Prentis
This bring us to the heart of the Bill. If the Bill goes through, as we hope it will in the next few months, we will be able to manage these issues through our licence conditions. That is the whole point of what we are doing.
Katherine Fletcher
I am a biologist and have done a huge amount on marine ecophysiology. The hon. Member for Plymouth, Sutton and Devonport makes a strong case about pulse fishing. The point is that we will have control of it and be able to react to changes in scientific evidence and to changes in Dogger Bank, its uses and our desire for it. At the heart of the Bill, which is welcomed cross-party, is what the Minister articulated. Does she agree that the best bit of the Bill is that we will be able to control and evaluate the scientific evidence?
Victoria Prentis
Yes, of course. We are fortunate to have many people on the Committee who are genuinely passionate about these issues and bring a wealth of experience to the table. I am grateful to everyone sitting on the Committee. In the future, these issues will be managed through licence conditions, sometimes on the basis of sophisticated scientific evidence and sometimes—while we are on the subject of Dogger Bank—on the basis of the industry saying it is concerned and that we should temporarily close a fishery while we find out what is going on and take a view on licensing following the evaluation of scientific evidence.
I believe we will discuss a further amendment on pulse fishing later. There are currently five vessels able to pulse-trawl under the control of UK authorities, of which four are English. The licences have been withdrawn from the English vessels, which will not be pulse trawling from the end of the year. That is a win for all of us who are concerned about that form of fishing.
Question put and agreed to.
Clause 16, as amended, ordered to stand part of the Bill.
Clause 17
Power to grant licences in respect of foreign fishing boats
Luke Pollard
I beg to move amendment 99, in clause 17, page 13, line 29, at end insert—
‘(3A) No licence may be granted under this section unless conditions are attached to that licence so as to require the foreign fishing boat to comply with any standards in relation to environmental protection and marine safety that would apply to the same boat if it were a British fishing boat.’.
Under this amendment, licences granted to foreign fishing boats would require those boats to comply with the same environmental protection and marine safety standards as British fishing boats.
Luke Pollard
The amendments seek to apply the same marine safety standards to foreign boats as to British boats. The Minister will know from our debate on Tuesday how important it is that we have similar and equivalent safety standards for everyone fishing in UK waters. In the previous iteration of the Fisheries Bill Committee we had considerable debates about the minimum standard that should be applied to any boat under whatever flag fishing in our waters.
The premise that many fishers voted for Brexit to ensure that level playing field and access is an important one, because the concern is that the cost of implementing regulations for UK fishers—albeit well-intentioned regulations to save lives—is not carried in the same way by some of our European friends, who enjoy lower costs, albeit with a greater risk from lower standards. Amendments 99 and 103 look at whether there should be a more explicit provision in the Bill to say that foreign fishing boats should have the same level of safety as UK fishing boats. That is about not only saving lives, but the economic cost that goes along with that in terms of the regulatory burden for businesses involved.
It is important to make sure that people stay safe. Amendment 103, in the name of my hon. Friend the shadow fisheries Minister, contains the phrase
“at least equivalent to those applicable to British fishing boats.”
Although we have been governed by the same common fisheries policy as our European friends for many years, and by similar obligations under the International Maritime Organisation, they have implemented their safety standards slightly differently. The amendment would therefore ensure that there is equivalence of safety standards and a similar basis, because any fishing boat going down or getting into trouble should worry us all.
Marine safety is not only about the behaviour of the crew onboard in terms of wearing lifejackets. As the Minister knows, I welcome the support of the Department for Transport and her predecessor in the roll-out of the Plymouth lifejacket scheme, which was pioneered in Plymouth. It includes a personal locator beacon on the lifejacket and moves the clasp from the middle of someone’s chest to being lower, which enables them to use filleting knives more easily on board a boat, so it is easier to operate, do their job and stay safe. That roll-out is important, but it is not compulsory and is not being applied to our European friends in the same way.
It is also important to make sure that stability testing is the same, particularly for small boats. The biggest risk to our small boat fleet is of capsize from the change of gear, where stability tests have not proven that boat to be stable in the way that we would all want it to be. There is no suggestion that they are breaching their licence by doing that but, to borrow a plea from the hon. Member for South Ribble in the last debate, there is cross-party support for a high level of marine safety.
I would be grateful if the Minister could respond as to how fishing licences will ensure that there is an equivalence of marine safety between foreign fishing boats and UK fishing boats, and how that will be checked during the implementation of the new regulations to ensure compliance. There is sometimes a sense among British fishers that the enforcement agencies, which for English fisheries is the Royal Navy, look at UK boats more than foreign boats. Whether that is true or not, I am sure the Minister will have heard that in her conversations with fishers. I would be grateful if she could set out the enforcement side as well as the safety side in her response.
Victoria Prentis
I am concerned about the unhelpful unintended consequences of the amendments. As I mentioned in the debate on amendments 71 and 72, schedule 2 already extends regulations to foreign boats, so the Bill clearly provides powers to deliver the environmental aspects present in amendment 99, as we discussed earlier.
Ensuring compliance with safety regulations is more challenging. I will set out the current regime for foreign vessels and then explain why it might not be desirable to require compliance with our safety regulations. Powers exist to allow foreign boats to be inspected in UK ports by the Maritime and Coastguard Agency. If problems are found, the MCA will send a report to the flag state or, if sufficiently serious—to the hon. Gentleman’s enforcement point—detain the vessel until such time as the issues are rectified, which seems reasonable and proportionate.
Regulation 28 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997, which applies to foreign vessels, sets out in detail that where conditions are
“clearly hazardous to health and safety”,
the inspector may take measures to “rectify those conditions” or to “detain the ship”. However, I should add that inspectors are under duty not to detain the ship unreasonably. Foreign vessels are expected to meet the same standards as UK vessels while in UK waters.
Luke Pollard
I am grateful for that explanation, but I want to press the Minister, so that I understand her a bit more on enforcement. I am concerned that it seems that we are setting a higher regulatory cost for UK fishers than we are allowing for foreign fishers fishing in the same waters.
When it comes to enforcement, can the Minister clarify something? The Marine and Coastguard Agency does not inspect boats at sea. She suggested that, therefore, as a corollary, it will only inspect boats when they are on land. Therefore, unless they are landing their fish at UK ports, they will not be inspected. It falls, therefore, upon the safety, search and rescue, the Royal Navy and the Royal National Lifeboat Institution, to go to support boats of lower standards that get into trouble, because the regulatory regime that she has just said is sufficient means that they are only inspected at port and not while at sea.
Does the Minister understand fishers’ concerns that this suggests that the regulatory burden on British fishing boats is different from that on foreign fishing boats and, as a result, that there is a different enforcement probability? A UK boat is more likely to be subject to enforcement than a foreign boat, even if it does not adhere to the same standards.
Victoria Prentis
I do believe that, under the laws that regulate the way that vessels fish internationally, it is right that flag states should be responsible for the licensing conditions and health and safety regulations of their own vessels. It may assist the hon. Gentleman to learn that under the Merchant Shipping (Registration of Ships) Regulations 1993, regulation 56(1), a foreign-owned UK flag vessel can be removed from the register like any UK vessel. What we cannot do is interfere in the licensing regimes of other flag states.
Mr Goodwill
I am not only a former Fishing Minister, but a former Shipping Minister. Is it not the case that if a vessel docks in a UK port, it could be subject to a port state control inspection, which would inspect safety equipment, as well as the welfare of staff? Indeed, following on from the point that the hon. Member for Plymouth, Sutton and Devonport made, if we are going to have to inspect boats at sea for safety equipment, that is going to take pressure away from inspecting them for illegal fishing.
Victoria Prentis
I am grateful to the former Minister for making those points. They are points I had attempted to make earlier, but clearly not as succinctly.
Luke Pollard
On the basis that the Minister is not setting out a level playing field between UK fishers and foreign fishers, I am concerned that this sends the wrong message to fishers. However, I understand that we will be revisiting the issue of safety a number of times during this process, so I will not be pushing any of these amendments to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 17 ordered to stand part of the Bill.
Clause 18
National Landing Requirement
Victoria Prentis
I will try to deal with the amendments now and discuss wider matters later, although I accept it is very confusing for everybody.
The amendments are unnecessary. Clause 18 was added by our friends in the other place. I will set out my concerns about it in detail later. First, I would like to reassure the Committee. We said in the fisheries White Paper that we would reform the economic link. The Government intend to hold a public consultation very shortly that will seek views on proposals to strengthen the economic link licence condition in England. The proposal will look to increase the benefit, from the current 50%, to the UK of fishing by English-registered foreign vessels.
In answer to the hon. Member for Coatbridge, Chryston and Bellshill, who asked where the powers for any change come from, schedule 3 allows us to place conditions on licences, including conditions about an economic link, so that we need no further regulation-making powers. If the Bill is passed, it is there in the Bill. I acknowledge that amendments 87, 89, 90 and 91 seek to address one of the issues with the new clause, which was raised by the Government in the other place. The clause as a whole retains an inflexible and narrow approach to ensuring that the UK benefits from fish caught in its waters.
Similarly, amendments 105 to 107 seek to amend clause 18 so that it is compatible with the devolution settlements, but we are concerned that they still fail to do so. The regulation of vessels registered in one Administration is largely a matter for that Administration, with each Administration licensing its vessels wherever they fish. The amended clause would allow the Secretary of State to regulate Scottish, Welsh and Northern Irish vessels in English waters, and so would be regulating within areas of devolved competence.
Where previously the clause allowed regulation in devolved competence to be done without the devolved Administration’s consent but after consultation, these amendments remove even the need to consult the devolved Administrations on the regulation of their boats. This is contrary to the constructive and collaborative approach that we have taken so far. I do not recognise the hon. Gentlemen’s readout of how we have managed this; we have managed fisheries in a very collaborative way. We have sought to legislate for the devolved Administrations only in areas where we have been asked to. Again, the amendments do not reflect the other ways that boats can show an economic link to the UK and which benefit the country in different ways, not just through landing fish. I therefore ask that the amendments be withdrawn.
The Chair
I remind hon. Members again that we are dealing with amendment 87. Once we have worked through the various amendments, there will be time for a clause stand part debate.
Brendan O'Hara
I beg to move amendment 85, in clause 18, page 13, line 36, leave out “or 16(1)”.
This amendment would mean that regulations establishing a national landing requirement would not apply to foreign boats.
Brendan O'Hara
This is a similar argument to the one we heard before; the amendment seeks to make the clause as devolution-friendly as possible, and it is important that we have right to do so. It is really a probing amendment to ask the Minister about the licensing of foreign vessels. We are concerned that there would be tit-for-tat reprisals as a result of requiring licensed foreign vessels to land their catch in the UK. Many foreign vessels land in UK harbours already, but the clause could result in other coastal states’ requiring UK-licensed vessels to land catches in their harbours. That would defeat the purpose. We absolutely want to encourage landings in the UK to help processing and, of course, for the landing fees, but we fear that, as the clause is worded, forcing people to do so will lead to tit-for-tat reprisals and compound the problem.
Victoria Prentis
I agree that any landing requirement should not apply to foreign vessels, which will need to demonstrate a link to their own flag states. We would not want to see reciprocal measures put in place against UK vessels that fish outside UK waters—I very much agree with that. The Government believe, however, that the clause should be removed from the Bill because it is inflexible, does not respect the devolution settlements, and will not achieve what its supporters believe. A landing requirement already exists for all UK vessels as part of the economic licence condition. The power to attach such conditions to vessel licences is provided in schedule 3, as I said earlier. Ensuring that vessels that use UK fishing opportunities bring benefit to the UK is of course very important. That is why we have included the national benefit objective in clause 1. I ask the hon. Gentleman to withdraw the amendment.
Brendan O'Hara
I thank the Minister for her reply. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Luke Pollard
Indeed, and if clause 18 were about processing fish, perhaps the right hon. Gentleman would have a point, but—I am sure he has read it—it is about landing fish, rather than processing them. That is a good cul-de-sac to try to take us down, but that is not what the clause actually says. I went to Grimsby recently and spoke to people on the fish quay, and they hark back to the days when there were 800 fishing boats in their port. They want more fish to be landed in their port, so it is bizarre in the extreme that the Government are arguing against more fish being landed there.
Having more fish processed in Britain will create more jobs. Interfish in Plymouth creates an enormous number of jobs from landing the fish that it catches in Plymouth and processing them there, supplying our supermarkets. I want to see more British supermarkets buying British fish. That would be greatly helped by this clause, because more British fish would be available in our markets.
A number of points have been raised about why the clause does not work, so let me briefly address them. First, the former fishing Minister, the right hon. Member for Scarborough and Whitby, mentioned the increased carbon footprint. At a point when Conservative MPs voted against the net zero objective in the Fisheries Bill, I think that does not apply in the same way. We want fishing to be carbon free, and we want more fish to be landed in our ports. I agree that it is often argued that fishers chase the higher price that is delivered in foreign markets, and that if they if they landed in a UK port, the price would be lower. I hope the same arguments are used about any departure from any regimes in the European Union that make travel across borders easy. Delays at the border put an extra focus on this. I hope the argument that has been applied to this clause is applied equally to the Government’s policy, but I fear that it will not be. None the less, it was a good attempt.
As we said in the debate on Tuesday, fish should be a public asset. The economic link between the fish in our waters and the United Kingdom should be strengthened. That is what clause 18 does: it strengthens the economic link. I fear, on this point, that the arguments of Government MPs will need to be reversed when the licence conditions change.
I welcomed the consultation that the Minister has set out, but I disagree with her that the figure is 50% currently. As she knows, landing 50% of fish in the UK is potentially one of the licence conditions, but it is not the only one, and it is important to state that if a company has a brass plaque in the UK and employs UK crew, it can get out of that. That is why many fishers catching fish in UK waters land nearly all their catch in foreign ports. One trawler in Wales lands barely any of its catch in British ports; it lands 84% in foreign ports. That fish should be supporting the Welsh economy. There are examples of that in English and Scottish waters. That is why this matters so much. We will be betraying those coastal communities if we do not support job creation.
I hope the Minister, when she comes to her consultation, cuts and pastes this clause, as Ministers did for Labour’s last set of amendments to the Fisheries Bill, and makes it her own. I am a big fan of Louis Walshisms in politics. The Government should make it their own. I hope they copy this clause and put it into their consultation, because we need to create jobs in coastal communities, and that is what the clause seeks to do.
When this clause comes to a vote—surely it will do—and Labour and SNP Members vote in favour of the jobs in coastal communities clause and in favour of landing at least two thirds of fish in our coastal ports, I hope that every single Conservative MP who represents a coastal community will be able to explain to their electorates in those communities why they chose to support ports on the continent, rather than the port that they represent, why they chose to create and preserve jobs in foreign ports, not in their communities, and why they chose not to give the young people in their communities the opportunity that would come from enhanced employment not only in the catching sector but in processing, and the engineering jobs that accompany this. I hope they have a decent argument for that, because this flies in the face of everything that has been promised to coastal communities. That is why Labour will be supporting keeping clause 18 in the Bill to protect jobs in coastal communities, and opposing the Government’s plan to continue the export of those jobs to our European friends.
Victoria Prentis
The hon. Gentleman has done his job; I am now going to do mine, which is to bring us back to this Bill. I do not believe that anybody in this room is not equally passionately in favour of having more jobs in coastal communities, but this is not a jobs in coastal communities clause. It requires the Government to consult on landing a 15% higher proportion of fish in this country. My argument is that the Government are equally as passionate as the hon. Gentleman, and indeed everyone who has spoken well, about coastal communities and their needs, but the Bill already allows us to meet the clause’s aim in a more appropriate way through the objective in clause 1 and the powers, which I have already gone into, in schedule 3.