Agriculture Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 10th June 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I too thank the Minister for his comprehensive introduction to the Bill and for his time, and that of his officials, in providing briefings in preparation for our debate today. I agree with noble Lords who have complained about the time limit and sympathise with those not able to speak. Had this been a Brexit debate, two days would have been allocated. I congratulate all who have managed to speak and made such vital contributions to the debate.

Like other noble Lords, I welcome the move away from payment for farmers based on the amount of land they are farming to a more equitable system of public money for public good. Under the previous CAP system, half of the payments in England went to only 10% of farms. Like the noble Lords, Lord Grantchester, Lord Teverson and Lord Carter of Coles, and other noble Lords, I look forward to hearing how the environmental land management pilots are progressing. Is the Minister able to give us an update?

To some extent, this public good is defined in the Bill, but there are gaps and the continued use of pesticides is one. A former friend who worked for Fisons many years ago warned that since man is much nearer to the physiology of insects than of plants, we would be wise to treat pesticides with more caution than we do weed-killers. The overuse of chemical-based fertilisers and pesticides does little to enhance the quality of the soil. I am sure we will return to that in Committee.

Like, I am sure, other noble Lords, I have received dozens of briefings in preparation for this debate, from large organisations and interest groups to individual members of the public. The vast majority welcome the Bill but are worried that an opportunity to make a real difference is being lost.

The Bill in its opening clause lists the Secretary of State’s powers on financial assistance. There is an extensive list of what this will include. But there is no mention of food production—a concern raised by the noble Lord, Lord Grantchester. Only in Clause 4 is the Secretary of State required to have regard to “encourage” the production of food. As the noble Baroness, Lady Young of Old Scone, does, I find this alarming. Now is a golden opportunity for agricultural land to be farmed in a sustainable and ecological way to produce healthy food for the whole nation.

Food security is the subject of a requirement for the Secretary of State to report at least every five years. I welcome the Minister’s assurance that this review will take place sooner than five years’ time, and I agree with the noble Earl, Lord Lindsay. Food security is vital and can alter dramatically with climate change and international conditions. It should be monitored more frequently, perhaps yearly.

I welcome the addition of measures to improve forestry productivity—as raised by the noble Lord, Lord Colgrain—peat restoration and soil quality. These are key in carbon sequestration and tackling flood prevention, providing a holistic approach to how land is managed for the benefit of farming and the public.

Turning to the section on agricultural tenancies, this is to be welcomed as it enables tenant farmers to benefit from their hard work and to receive the payments themselves. Not all tenant farmers have received this in the past. To encourage new entrants into farming, it is essential that tenant farmers should get the rewards they deserve for farming the land. The noble Baronesses, Lady Bennett and Lady McIntosh, and the noble Lord, Lord Whitty, have raised concerns about tenant farmers, and I agree with the comments that the noble Baroness, Lady Rock, just made. Can the Minister say whether the measures in this Bill are consistent with the direction of travel in the renters’ reform Bill?

I turn briefly to Northern Ireland. In the Commons my Alliance Party colleague, Stephen Farry MP, introduced an amendment to provide for a sunset clause in regard to Clause 45 and Schedule 6, on some measures which relate to Northern Ireland. There is a sunset clause in the Bill for some measures applying to Wales, as my noble friend Lady Humphreys says, while Scotland has already indicated that it will bring forward its own policy. I am concerned that Northern Ireland will be out of step with the other devolved nations at a time when it needs to build a food and farming system that is resilient, healthy and regenerative. We will explore this further at later stages of the Bill.

The Bill cannot be seen in isolation; at least two other Bills are inextricably linked to it. The first is the Trade Bill, which allows for trade with countries outside the EU. It has the possibility of allowing food and animal products into the UK which are not produced to our own high standards of animal welfare. There is grave concern among organisations supporting agriculture and farmers that their produce will be undercut by these inferior imports. It is vital that all goods are clearly labelled with the country of origin and other details which will assist the purchaser to make informed choices, as raised by the noble Duke, the Duke of Somerset, and the noble Baroness, Lady Redfern.

The majority of people buying food, whether for the domestic table or for the hotel, catering and restaurant trade, will wish to support food grown and produced within our shores, not imported from thousands of miles away. I am grateful to the Minister for circulating the letter from the Secretaries of State for Defra and for International Trade but, as my noble friend Lord Burnett said, Ministers come and go. Since the Government feel it is important to state their intention on food security and animal welfare, does the Minister agree that reassurance can be provided by an amendment to the Bill? Thirty-eight of your Lordships speaking today have supported this and only four do not.

The second Bill with links is the immigration Bill. We have heard much about the dearth of workers to harvest our vegetables and crops, as a result of the Covid-19 pandemic, and seen adverts on our television screens for workers to come forward to help. At first there was a good response but as British workers found the work was back-breaking—for 10 hours a day—the accommodation appalling and that they got very little pay in return, their numbers dropped off. There is an issue here about how we treat our agricultural workers. It is estimated that some 17,000 migrant workers are needed every year to fulfil the needs of growers. The immigration Bill allows for only 3,500 to come in per year. This is hopelessly inadequate. Are the Government going to allow fruit and vegetables to be left rotting in the fields, when people are crying out for fresh produce? Does the Minister agree that this is a scandal which the Government can easily avoid? Some effort must be made to see these three important Bills as a holistic package and not separate, if we are to protect agriculture and farming effectively.

The Bill has much to commend it but there is no mechanism for enforcement, as highlighted by my noble friend Lady Parminter, the noble Lord, Lord Whitty, and others. Can the Minister address this vital issue?

At a time when large numbers of people are dependent on food banks, it is a scandal that food is wasted from farms. My noble friend Lady Parminter and I will address this issue in Committee. I could say more but will save it for Committee, and I look forward to the Minister’s response to this important debate.

Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction. It is clear from the number of contributions that we have a wealth of expertise in the Chamber. We all, whether or not we are farmers, suffered from the extreme weather and flooding brought on by Storms Ciara and Dennis last year. It was obvious to all those not living in cities and towns that arable land was waterlogged, and it was clear that farmers were not able to sow their crops in the usual way. They missed out on at least one crop, and, in the case of larger land holdings, two crops. I therefore have no objection to derogation of the crop- rotation conditions, in order that farmers can receive the payments on which they rely to make a living. I support this SI on the basis that it is for one year only —2020—and not beyond.

Last year was unprecedented in many respects not related to the weather. Parliament was prorogued and then it was not; then it was prorogued again. Then we had the general election. I am surprised, given the number of letters that the Prime Minister must have received from beleaguered farmers asking him to do something, that this was not one of the first things he did back in December, when the new Parliament sat. At the very least, it should have been on the agenda in January, as the noble Baroness, Lady Jones, and others have said. But here we are, six months into 2020, and only now are we providing the compensation that farmers have been asking for since the spring of 2019. My concern is that, should the country suffer a similar clutch of storms in coming years, we may be back again in this Chamber debating a similar SI in order to protect farm incomes.

We have just enjoyed two months of unprecedented hot, sunny weather, and some will say that this is due to climate change. It has certainly helped with the pain of lockdown. Those of us lucky enough to have gardens have been able to attack the weeds and plant seeds and vegetables. For the first time, I watched every day as the bare branches of trees sprouted into life. Over a period of about eight days, the biggest tree was covered in greenery and now provides much-needed shade. Usually I am in London in the week during this period, but I do remember the severe drought in 2019—not a million years ago—when the land was bone dry and farmers had to buy in fodder as the grass in their fields was just not growing and they had nothing to cut to feed to their cattle over the winter months.

I am not a meteorologist, so I cannot tell whether this period of unprecedented sun will carry on, or whether we will be blessed with much-needed rain. Farmers’ fields need rain, and domestic water butts are empty. The seeds and vegetables we planted in March and April need daily watering if they are to survive. So, too, does arable land. Will we be looking at providing compensation for farmers next year because of a 2020 drought? This scheme is emergency compensation: it is money that farmers would not get if the rules on direct payments were strictly adhered to.

Today, we are debating waiving one of the criteria for payments due to force majeure in the form of exceptionally heavy rain and flooding. I am not going to ask the Minister to look into his crystal ball and give a categorical undertaking that such a force majeure will not happen again, but I seek reassurance that the Government will think very carefully before implementing such a scheme again. Crop rotation and diversification is vital, not only for the supply of crops and food— as mentioned by the noble Baroness, Lady Jones of Moulsecoomb—but for the quality and condition of the soil, as my noble friend Lady Northover and others have indicated. In recent years, we have seen a diminution in the quality of the soil due to the amount of fertiliser and insecticide used to enhance crop yield.

I do not wish to stray into the Agriculture Bill, but, like others, I welcome the measures proposed in this Bill to enhance the biodiversity of our landscapes, while continuing to recompense farmers for maintaining their land on a more sustainable basis under the greening scheme mentioned by the noble Baroness, Lady Parminter. It is vital that soil is retained and not washed away during heavy rain, flooding our roads, clogging up highway drains and, in extreme circumstances, flooding our homes. Many flood-alleviation schemes now retain water upstream, which can be used in times of drought. I am sure we will return to this issue next week, when we examine environmental land-management schemes and their implementation, and whether the three-crop rule will continue—a point raised by the noble Earl, Lord Devon. Moving to public money for public goods is essential, as my noble friend Lord Addington said; we must implement it as soon as possible.

As the noble Baroness, Lady McIntosh of Pickering, mentioned, farmers need to be better prepared for unusual weather conditions, especially if we are to make a success of the ELMS. I am happy to support the SI, but look forward to the Minister’s comments and reassurances on the many questions that have been put to him by your Lordships.

Food Supply and Security

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 14th May 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I too congratulate the noble Baroness, Lady Boycott, on securing this vital debate and agree with all her comments. The number of speakers is an indication of the concern felt by the House over the security of food supply. We have had a wide-ranging debate; it is clear that there are real problems with the production, harvesting and distribution of food during the current Covid-19 pandemic.

The Government have expressed confidence in the resilience of the UK food supply chain. As many Peers have mentioned, only 53% of the food consumed in the UK was produced here, with 28% coming from the EU. The import and export figures for 2017 demonstrate that we were wholly reliant on imports for all vital foods. It is only in beverages that our exports overtake our imports, solely due to Scotch whisky. It is not wise to be so dependent on imports for our basic food.

Food distribution is fragile as a result of the pandemic. Air freight mainly containing food continues to be flown into the UK on cargo planes. During normal operations, Heathrow Airport usually handles 47 cargo-only planes per week. In contrast, on 31 March, the airport was forced to handle 48 cargo-only planes in a single day. The food miles involved here are horrendous. Can the Minister say whether the Government are considering a review of our just-in-time supply chain? Are they considering using supermarkets to buy more food from local suppliers? This would reduce food miles, be better for the environment and involve less processing.

We have heard from many contributors about customer access. Data from the Food Foundation this month shows that approximately 500,000 children entitled to free school meals have received no substitutes since March. This is 31% of entitled children. Food poverty is a terrible scourge. Vouchers for food, concentrated on large supermarkets, have been spasmodic and in some areas non-existent. Government departments apparently had insufficient capacity to widen the number of retailers participating. As mentioned by the noble Baroness, Lady Watkins, this has left many children in rural areas without access to food. Only two supermarkets will take vouchers online. Can the Minister say why smaller, local shops were excluded from the voucher scheme?

I regret to say that, in my own area, the experience of schools was that the Department for Education was in chaos and teachers were tearing their hair out, with it taking three weeks to issue vouchers. In the end, Somerset County Council came up trumps and produced boxes of food to the same value of the vouchers and delivered them to the homes of the vulnerable entitled children. Given that schools are not returning to full attendance immediately, can the Minister say whether the capacity in government departments has increased to distribute the vouchers efficiently and whether the Government intend to widen the variety of retail food outlets where vouchers can be exchanged?

As others have said, local shops operate at the heart of our communities and across every type of location: villages, housing estates, petrol forecourts and high streets. Some 38% of local shops are located in isolated areas with no other businesses nearby. Before the Covid-19 outbreak, only 12% of convenience stores were providing a home delivery services for groceries. A recent survey found that 38% of local shops had introduced a home delivery service in the light of the outbreak. It is now estimated that this sector is making 600,000 home deliveries per week. This proves that our more local facilities are capable of stepping up to the challenge.

Supermarkets have also sought to increase food availability for consumers by introducing extended operating hours for over-70s and key workers and by increasing the number of delivery slots available. However, the vulnerable are still struggling to get online delivery slots. An elderly couple I know could not get a slot for three weeks. There was no local shop in their village and, because of their age and health, they were isolating.

Since the start of the outbreak, as others have said, food banks have seen a surge in demand, the Trussell Trust noting an 81% increase in demand in the last two weeks of March. While the Government are to be congratulated on their efforts to provide food parcels to the most vulnerable residents, there has been criticism that they do not contain healthy items, as mentioned by many noble Lords.

Independent Age conducted a survey of extremely vulnerable groups. Some 29% of respondents who get food parcels felt there was insufficient food included to sustain them until the next delivery. Some 23% felt that their dietary needs were not being met, as issues concerning medical, dietary and religious requirements were not considered. Does the Minister consider that working with local authorities to better co-ordinate distribution of food parcels would be more efficient and prevent people at risk having to skip meals or go hungry until their next delivery? Will he investigate the composition of the food parcels to ensure a healthy mix of food, including fresh produce, and ensure that food parcels meet individual medical, dietary or religious requirements at no extra cost to the recipients?

In dairy, the AHDB estimates that overall demand for dairy products is currently running at around 2 million litres per day lower than before the lockdown. In poultry meat, pre-lockdown the estimated weekly demand from McDonald’s, KFC and Nando’s was collectively in the region of 2 million chickens per week. Farming systems are biological in nature; they cannot be easily turned off and on. I welcome the Government’s announcement on 6 May of new funding to support dairy farmers, who will be able to access up to £10,000 each to cover 70% of their lost income during April and May. Will this additional support be continued beyond the end of May?

The Agriculture Bill is a vital step towards a more resilient system. The proposed move towards “public money for public goods” at the core of the Bill will enable farmers to restore the natural environment alongside and through the production of healthy, sustainable and nutritious food. It will also improve animal health, minimising the risk of future zoonotic outbreaks of disease, and enhance people’s access to green space, the importance of which has come into even sharper focus through the lockdown.

I turn to highly-seasonal farm labour. It is estimated that around 70,000 workers are needed this year—many noble Lords have referred to this. According to the NFU labour survey, the majority will arrive between April and September. On 6 March 2019, the Government implemented a pilot scheme to allow fruit and vegetable farmers to employ migrant workers for a period of up to six months. The scheme was capped at 2,500 workers as part of a two-year trial. In February, the scheme was extended to 10,000 workers. As of 1 January next year, the distinction between EU and non-EU seasonal worker migrants will cease and the current 10,000 figure is far short of the 70,000 seasonal workers currently deployed. January 2021 is only eight months away, with no clarity as to how the seasonal workers scheme is to be expanded. Are there plans to extend this scheme beyond January 2021?

Through the Covid-19 crisis, we are seeing the UK used as a dumping ground for agricultural products from other countries that have lost their own markets. Goods produced to much lower standards than would be allowed in the UK have a distorting effect on the domestic industry. What are the Government doing to prevent this continuing and what is their long-term strategy for food security, to move towards healthy food and away from processed foods?

Fruit and Vegetable Harvest

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 30th April 2020 Lords Chamber

[Lord Gardiner of Kimble]

I have asked about the situation in Northern Ireland and DAERA has said that it will look for its own local solutions. Clearly, we want to work with the devolved Administrations. Northern Ireland welcomes the information sharing which we will undertake.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, at a time when we all need healthy, fresh, nutritious food, what are the Government doing to promote to the British public the range of employment opportunities available, assisting growers in harvesting their produce and getting it to market and on the table at a reasonable price?

[Lord Gardiner of Kimble]

My Lords, that is precisely why we have launched Pick for Britain and the DWP Find a Job website. This will be escalated. We think that currently, there is sufficient labour on farms, but there will be a peak in late May and therefore much more work. A public-facing campaign will be launched so that many more people are aware of this and of the demand in their local areas.

Agriculture: Dairy Prices

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 28th April 2020 Lords Chamber

[The Lord Speaker]

We have had the supplementary from the right reverend Prelate, so we will move on to the noble Baroness, Lady Bakewell of Hardington Mandeville.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, dairy farmers desperately need certainty for the price of milk. It is estimated that 20 million litres of milk would normally go into the food service sector. Only 20% of this market is still viable due to lockdown. The national dairy herd is nearly 2 million, with an estimated 80,000 cows likely to be culled if financial support is not forthcoming. Once herds have been culled, it will take a long time to rebuild capacity. Farmers want to be ready to meet demand once restrictions are lifted. The financial support legislation promised on 17 April has yet to be laid. Can the Minister say when this lifeline will come forward for legitimate inclusion in statute?

[Lord Gardiner of Kimble]

My Lords, it is very important for me to say that the easement of competition law for the dairy sector—a statutory instrument, which is widely supported by the devolved Administrations and industry—will be retrospective to 1 April. That will ensure that the competition rules are relaxed for the dairy sector temporarily to allow retailers, suppliers and logistics services to work together. This has allowed the dairy industry to redirect some of its supplies to retailers. Clearly, Defra is working very closely on this. It is an issue that affects, as has been said, those farmers who are supplying the food service sector, and we are working with others to ensure that the situation improves for those farmers affected.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 11th March 2020 Lords Chamber

[Baroness McIntosh of Pickering]

My Lords, I congratulate the noble Baroness on tabling these amendments, and I have a very short query.

It was, I think, when we took evidence on the financing of the International Council for the Exploration of the Sea and the data that would be gathered—I look to the chairman of the Select Committee for confirmation—that the Secretary of State responded by saying that the Government were committing to the long-term future of our involvement with ICES, but that he could not tell us at that point from which budget that would come. I am very keen on the International Council for the Exploration of the Sea; I have twice visited it, and it has a fantastic website which is hugely interesting for anybody interested in sustainability. Can the Minister tell us today whether this was resolved in the Budget and the Finance Bill, or whether this will be sent out and covered in the comprehensive spending review? I would like to know that we are going to cover precisely the same percentage, which is some 11% to 13% of the total ICES budget contribution; we take a similar amount of research from it. I entirely endorse what the noble Baroness, Lady Jones of Whitchurch, said: we cannot really proceed as an independent coastal state if we do not know what the data is.

There is one other area that vexes me, and I do not think that anybody is doing research into it at the moment because no one is fishing in the area. We know that the seas currently jointly fished by UK and EU fleets have warmed. Does the Minister have any idea who might do the research in areas where species such as cod and other fish from our waters have moved to? That might explain why sustainability appears to have fallen in those species.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendments in this group which deal with the financial assistance covered by Clause 33.

On the first day in Committee, we debated at length the incompatibility of the sustainability objective and the socioeconomic objective in Clause 1. The Fisheries Bill has been heralded as taking back control of UK fishing rights and waters and is eagerly awaited around our coastlines. Many voters supported Brexit on the basis of having control over our fishing rights and waters. However, what they did not do was vote for our fish stocks to become exhausted by the rush for profit. The dichotomy of sustainability over socioeconomics is an issue which we must tackle before the Bill becomes law. To be successful, we must ensure that those fishermen who find that they are catching less as the sustainability of their usual catch reaches a critical point, and are facing financial implications, are not disadvantaged. It is unwise in the extreme to jeopardise the sustainability of our fish stocks by allowing continued fishing when the scientific evidence demonstrates that the stocks are depleted.

The Government could do much to assist in preserving fish stocks by using financial assistance to recompense vessel owners and crews for reduced or exhausted fishing opportunities. Unless such assistance is forthcoming, there will be no incentive for the fishing of depleted stocks to cease. This will result in the socioeconomic objective becoming the overriding objective and swamping the sustainability objective. Why would fishers willingly lose money by staying in port? The scientific evidence will need to be overwhelming.

To be able correctly to monitor fish stocks and prevent bycatch and overfishing, it is essential that the Government invest in new technologies to be used across the fishing fleet, with both large vessels and those under-10 metres. The passage of the Fisheries Bill provides the Secretary of State with a golden opportunity to establish a research and implementation fund. This could promote new and improved methods of selectivity and encourage and assist vessel owners to replace old nets and other technologies with those capable of more refined selectivity, to avoid choke species.

The gathering of scientific data to inform the management of fish stocks, alongside technologies to improve fishing techniques, are some of the tools available to the fishing industry. They will ensure that we do not reach the stage at which the children of future generations are left wondering what cod and haddock taste like. As the noble Earl, Lord Devon, said at Second Reading, it could be fish fingers for everybody if we do not get this Bill right. However, if we do not take action to ensure fish stocks are preserved, I can envisage a situation in which there will be no fish fingers for anyone.

I hope the Minister is aware of the strength of feeling in the Committee on these issues and is ready to give assurances that these amendments will indeed appear on the face of the Bill. If he is unable to do that, I hope he will think about bringing forward similar amendments on Report.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lady, Baroness Jones of Whitchurch, for Amendment 113, and to the noble Lord, Lord Teverson, for Amendments 114 and 116, which were spoken to by the noble Baroness, Lady Bakewell. I will address these amendments together, so that I hope I can provide—I underline “I hope” following the comments from the noble Baroness, Lady Bakewell—the necessary reassurance that the measures proposed can already be supported by the financial assistance regimes made under Clause 33 of the Bill.

The Bill sets out the various purposes for which funding can be given, rather than setting out specific activities. This provides flexibility to fund a wide range of activities, including scientific data collection and innovation in gear selectivity, even if they are not directly mentioned. The existing powers found in the Fisheries Act 1981 are limited to providing assistance for the purpose of reorganising, developing or promoting the sea fish industry or fish farming. The revised power will widen this to allow financial assistance for: the protection and improvement of the marine and aquatic environment; the promotion, development or reorganisation of commercial fish activities; health and safety; training; economic development or social improvement in areas where commercial fish or aquaculture activities are carried out; improving the arrangements for catch or effort quotas; and the promotion of recreational fishing. This means that when scientific data collection contributes to the purposes described, such as conservation or improving the arrangements for quota allocations, it would be eligible for financial assistance through this power.

At this juncture, I should say to my noble friend Lady McIntosh and the noble Baroness, Lady Jones, that UK scientists are deemed to have considerable expertise and make a significant contribution to international co-operation on stock assessment and related fisheries science. That will continue, primarily through ICES—the International Council for the Exploration of the Sea—which is the independent global body for these purposes. Defra has always worked very closely with ICES, and this will continue. In addition, UK scientists will continue to co-operate regionally with counterparts in the EU and other countries on fisheries and the marine environment.

We will also work with ICES and scientists in the UK, both in Cefas and across the devolved Administrations, to understand the impact of climate change on fish stocks. I am very pleased that, when we discussed the objectives of the Bill earlier, the Government inserted the climate change objective, which is an indication of how serious this matter is for both the marine and terrestrial environments.

I am advised that there are some practical challenges with the drafting of Amendment 113. It is long established that government funding should not be provided for matters that are mandatory. There are already requirements for fishers to carry out a number of the activities listed in the amendment, and these therefore should not benefit from public money. For example, vessels over 12 metres in length are required to use vessel monitoring systems. Similarly, fishers must record details of their catches. Neither of these, in our view, should attract financial assistance, as they are mandatory requirements.

I appreciate the intention in Amendments 114 and 116, which the noble Baroness, Lady Bakewell, spoke to. However, I am advised that the powers contained in Clause 33 are already sufficient to create and deliver such a fund, if desired, while not limiting the range of other potential activities that could also be funded. This is the key point that I want to develop. Should other sustainability priorities be identified beyond gear selectivity, we may not be able to create a specific fund to address those priorities if we were tied to a fund focusing on gear selectivity.

Before introducing any new grant scheme, we will consult the sector on the priorities for funding. Details for the activities to be funded in England will also be set out in the regulations we will create to deliver our own domestic scheme. These will be subject to full parliamentary scrutiny, as the regulations will be introduced by affirmative resolution.

Turning to Amendment 115, I share the noble Lord’s concern about sustainable stock levels being achieved. I say to the noble Baroness, Lady Bakewell—and I am sure we will have this on Report—regarding the objectives in Clause 1, yes, we need to ensure we are mindful of fishers’ livelihoods, but this is all predicated on the sustainability of our ecosystem. From any lay reading—perhaps I am deploying points I will make on Report—the overwhelming majority of those objectives are predicated on a firm and strong belief that the environmental sustainability of the ecosystem is the route by which you get vibrant communities and vibrant fish stocks. From the Government’s point of view, there is no dilemma about this; it is exactly what we are aiming to do. But, as a responsible Government, we have to be mindful of caring for those coastal communities.

I should also say that it is not government policy to compensate industry when setting the annual fishing effort where that results in a reduction of potential profit or for in-year management measures needed to comply with regulations and ensure the long-term sustainability of the sector. Such activities must and do take place each year, so the fluctuations in profit should be borne by the industry itself. It is already able to respond to fluctuating stock levels to a certain extent by fishing in different fishing grounds to catch quota or adapting the gear to fish for different stocks.

We believe that providing compensation would risk reducing the incentive on the industry to take ownership of fishing at sustainable levels. An unintended consequence of this amendment could be that the industry decided to focus its fishing over a few months in the year, until the stock is exhausted, in the knowledge that it would then have to tie up but be financially compensated for doing so. I think all of us would agree that this would not be a helpful precedent and runs entirely contrary to the spirit and the words expressed in this House; it cannot be right that industry should be in some way rewarded for overfishing. These are points that I know were not intended, but we are concerned about the unintended consequence in terms of the legal reading of the amendment. It is only reasonable that I should make these points to your Lordships.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 3rd sitting (Hansard - continued) & Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 9th March 2020 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

93: Clause 23, page 15, line 23, at end insert—
“(2A) When making a determination under subsection (1), the Secretary of State must engage with any other state that exploits a shared stock with a view to ensuring that—(a) shared stocks are managed in accordance with the UK’s international law obligations and in accordance with the fisheries objectives of this Act, and(b) fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield.(2B) For the purposes of subsection (2A)(b), where the biomass of the stock or the level of fishing mortality consistent with achieving the maximum sustainable yield cannot be estimated reliably using the best available scientific advice, the Secretary of State must—(a) not postpone or fail to determine fishing opportunities for the stock on the ground that there is an absence of, or uncertainty in, that evidence,(b) have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock, and(c) engage with any other state that exploits a shared stock with a view to ensuring that fishing opportunities are determined—(i) at a quantity which functions as a suitable proxy for maximum sustainable yield, and(ii) in a manner that is consistent with the scientific evidence objective and the precautionary objective.(2C) Where neither a formal agreement nor a common arrangement is made with another state that exploits a shared stock, the Secretary of State must—(a) take all necessary steps to ensure that fishing of shared stocks is carried out such that fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield, and (b) provide, and make public, an annual report to the appropriate legislature outlining the steps taken pursuant to paragraph (a).(2D) For those stocks for which fishing opportunities are not determined pursuant to section 23(1), fisheries policy authorities must—(a) ensure that exploitation does not exceed the maximum sustainable yield exploitation rate, or(b) if the current biomass of the stock or the level of fishing mortality consistent with achieving the maximum sustainable yield cannot be estimated reliably using the best available scientific advice, ensure that exploitation—(i) does not exceed a level determined by a suitable proxy for maximum sustainable yield, having regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock, and(ii) is consistent with the scientific evidence objective and the precautionary objective.”

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this amendment introduces binding legal commitments not to fish above scientifically recommended sustainable levels. We have touched on this issue in other amendments. I am indebted to the Greener UK organisation for its assistance and we have had a long debate today on Amendments 112 and 124, which are all about sustainability.

The UK shares almost every stock in its waters with another coastal state. While the UK will gain control of its exclusive economic zone as an independent coastal state, the fish that live in these waters will continue to cross between borders and are therefore not the sole responsibility or property of the UK. I have referred to this previously, as have other noble Lords. As the noble Baroness, Lady Jones, said earlier, we are all on the same page here.

The purpose of the amendment is to set clear sustainability criteria in relation to negotiations with other countries to ensure that a clear and robust process can be developed to prevent overfishing. The amendment also requires authorities to set fishing limits in line with sustainable levels for any other stock that is not subject to Clause 23(1), including stocks that are not shared with other coastal states.

The Fisheries Bill must have a strong focus on the UK’s domestic and international commitments to rebuild healthy fish stocks and recover, restore and protect marine habitats and species, enabling the sustainable management of shared resources in co-operation with international partners. This represents international best practice as set out in the common fisheries policy regulation, the United Nations Convention on the Law of the Sea, the United Nations fish stock agreement and its sustainable development goal 14. All of these highly respected and reputable international organisations cannot be wrong in wishing to see best practice and fish stocks preserved.

Article 2 of the common fisheries policy commits the EU not to set catch limits above MSY by 2020, but this same commitment has not been included in the Fisheries Bill. While MSY is not the only measure, it is important. Instead, there is a simple aspirational objective to achieve a healthy biomass for stocks as set out in the precautionary objective in Clause 1(3)(b). However, it is not legally binding and lacks a timeframe for when it should be delivered. This is a regression in standards from the common fisheries policy and not one that future generations would wish us to sign up to. It is vital to protect against short-term political pressure to set catch limits higher than scientific advice, which will lead to overfishing.

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In summary, although I know that the noble Baroness has all the best intentions in this, the Government think that as drafted this risks unacceptable consequences—unintended by the noble Baroness, I am sure—for our country. Given our existing obligations under international law, we feel that this is not required. As I say, I have taken on all the points made and understand the spirit in which they were made, but on this occasion I respectfully ask whether the noble Baroness feels able to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville]

I thank the Minister for his response and all noble Lords who have contributed to this short debate. I say to the noble Baroness, Lady Worthington, that my granddaughter is also addicted to “Octonauts”; I quite like it as well.

I have heard what the Minister said and the difficulties around imposing MSY or some other very strong sustainability criteria. This is an issue that noble Lords across the whole House are extremely concerned about. Sustainable stocks are absolutely vital to the fishing industry. I understand the argument will be made that fishermen will want the fish to be there so that they can catch them, but sometimes that leads to overfishing of some stocks. I am grateful for the reassurance that the joint fisheries statements are legally binding documents, but we do not have them at the moment and it is possible that some of these statements will take a little while to come in. In the meantime, we need to be assured that sustainable fishing will take place. I completely agree that sustainable fishing leads to vibrant communities, but we need to maintain sustainable fish stocks across the board.

Given the number of times we have debated this, I feel certain that we will return to this in some form or other on Report, but in the meantime I beg leave to withdraw the amendment.

Amendment 93 withdrawn.

Agriculture: Genome-edited Crops

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 4th March 2020 Lords Chamber

[Lord Gardiner of Kimble]

Obviously, much of what we want to do is to work with the rhythm of nature. The point I was seeking to make earlier about gene editing is that, in particular where it merely escalates a natural process, there is an advantage to it. In terms of enhancement of the environment, we want to get disease-resistant crops and to improve animal welfare. A lot of the research is in order to assist things that the noble Baroness would support.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, how will the Government regulate and monitor cross-contamination of so-edited crops, which will not be grown universally in the agriculture industry, to make sure they do not affect biodiversity and overrun existing species?

[Lord Gardiner of Kimble]

This is why we rely on the best science and have a science-based approach to how these matters are regulated. Clearly, confidence that this is about enhancing and helping the environment is the pitch by which we think that certain gene-editing activity and research could be extremely beneficial. It is eminently compatible with helping agriculture and the environment.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I rise briefly to support Amendment 24 in the name of the noble Baroness, Lady Jones of Whitchurch, and Amendment 29 in her name and that of the noble Baroness, Lady Ritchie of Downpatrick.

As many have indicated previously, fishing is a dangerous occupation, one where injuries and death occur on an alarmingly regular basis, as the noble Lord, Lord Cormack, so elegantly told us. For every fisherman and woman employed on a vessel involved in fishing, 10 are employed in landing and processing fish. All those employed in the fishing industry as a whole should be protected and enjoy similar employment rights to those who work in other sectors. The Government should take steps to ensure that those engaged in the fishing industry, whether offshore or onshore, should be protected as far as is possible, and the Government should produce a strategy to ensure this happens. Each person engaged in the industry should be aware that the Government have such a strategy and that their welfare is key to the industry’s success.

Training, as the noble Baronesses, Lady Jones and Lady Ritchie, have said, is—as it is in everything—key to ensuring safety is carried out and observed. This must be a legal requirement and entitlement for all in the UK fishing industry workforce. It should not be left to the discretion of the vessel or processing plant owners. I fully support these amendments and the need to work for a strategy to sustain the UK fishing industry workforce to be in the Bill.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am grateful to the noble Baroness for her proposed Amendments 24 and 29, which would introduce additional duties in the form of safety requirements for fishing activities and training requirements for the UK fishing industry workforce.

In this short debate, we are absolutely at one that these are extremely important matters, and I would like to put on record, as I did at Second Reading, my recognition and regard for those who go to sea to catch fish for our consumption; I pay tribute to them. The noble Baroness, Lady Ritchie of Downpatrick, referred to a family who were very brave and courageous in sustaining the losses that they did. My noble friend Lord Cormack reminded me of those communities, such as coal mining communities and agricultural communities, doing dangerous tasks over the years for our benefit. I therefore identify with all of what has been said. It is important that we support fishers with increased health and safety provisions as well as further training to increase the awareness of dangers and the understanding of how to respond to them.

That is why I say specifically to the noble Baroness, Lady Jones of Whitchurch, that Defra is working closely with other UK departments and agencies to ensure that fishing becomes an increasingly safe and—although I think it is appealing in many ways—“appealing” form of employment, as my notes say. I was very struck by the point that my noble friend Lord Cormack made about camaraderie. That cook probably continued to go to sea, though no longer fishing, because he did not know how to live outside of that community. I am very struck by that sense of community —which is why the noble Lord, Lord Grocott, spoke in the way that he did on an earlier day in Committee—because these communities feel very strongly about these matters. This work is under way and will consider regulations and other work, which is also under way as I said.

Safety at sea is not just a specific fishing activity issue; it is a vessel issue. The safety of all vessels falls within the remit of the Maritime and Coastguard Agency. Provisions for the safety of vessels are included in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997. In addition, the Merchant Shipping Act 1995 provides the MCA with powers to implement all the safety legislation.

The Government are, importantly, also taking action through our apprenticeship programme and the Post-16 Skills Plan to reform technical education and a new careers strategy for the UK fishing industry workforce. The Sea Fish Industry Authority—known as Seafish—leads the development and delivery of training for workers in all sectors of the seafood supply chain. Seafish has applied levy funds to develop training programmes and learning materials aimed at the seafood processing sector to enhance the skills and quality of operations and final products. In addition, the Seafood Industry Leadership Group, established by Seafish to deliver Seafood 2040: A Strategic Framework for England, will deliver a single cross-sector seafood training and skills plan, aiming to support businesses in the seafood supply chain to recruit workers with suitable skills.

England’s new domestic grant scheme, the Maritime and Fisheries Fund—the MFF—can support training projects for fishers. Under the European Maritime and Fisheries Fund—the EMFF—around £3.5 million was spent on improving skills and training up to 31 December 2019. The Bill provides the power, in Clause 33, to introduce grant schemes through regulations for health, safety and training.

The noble Baroness, Lady Ritchie of Downpatrick, referred to my letter. I should also add that Defra is considering the latest data and working closely with industry to understand and explore the labour demand and supply requirements for both the permanent and seasonal workforces, which are of course very important.

I wanted to explain the current situation to the noble Baroness, so that this is not in a void. I absolutely understand the points that have been made. All these responsibilities are in existence. I hope that this explanation of the regulations, the further work that is under way and the legal requirements that already exist on this important matter mean that the noble Baroness feels able to withdraw her amendment. If during the passage of this Bill, or indeed afterwards, those noble Lords for whom this is a particular concern would like further discussions on what is under way, I would be very happy to facilitate that, because this is an area where we have a duty to coastal communities to show that we are on their side.

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[Baroness Young of Old Scone]

My Lords, I speak to my Amendments 45, 49, 50, 53, 54 and 55, all of which are aimed at making a good thing better. We agree that fisheries management plans are a good thing, but they are a bit of a moveable feast as currently structured in this Bill. They are optional; there are a range of circumstances in which authorities can simply opt out of plans and out of the joint statements placed around the plans. These amendments focus on the need for plans to be obligatory—to have timescales associated with them and to have more teeth if they are to deliver in practice the Government’s manifesto commitment to introduce a legal commitment to fish sustainably.

These amendments are aimed at plugging a number of gaps that could mean that the authorities could opt out of preparing fisheries plans at all for some stocks. These amendments taken together introduce provisions to ensure that fisheries management plans must be introduced for all commercially exploited stocks and any other stocks that fall below sustainable levels. They also introduce timeframes for preparing and publishing fisheries management plans. The Bill says that authorities are to prepare a statement explaining the use that

“the authorities … propose to make of fisheries management plans”

and what fisheries management plans they

“propose to prepare and publish”,

together with their reasons for deciding not to introduce a fisheries management plan for a particular stock. There is a rather perverse phraseology in the Bill, which seems to imply that finding an excuse for not having a fisheries management plan is pretty legit. We need to turn it around and set out a very clear requirement for a fisheries management plan to be prepared in the circumstances that I just described. Indeed, with the way the Bill is drafted, we could have a situation where a stock in a depleted state would not be subject to a fisheries management plan. That seems perverse.

I go back to a point that has been made several times—that what we are trying to achieve with the Bill is effectiveness, because ineffective fisheries management plans, for example, would be bad for fish stocks, and that would be bad for the fishing industry as well as bad for the fish.

To take my amendments in turn, Amendment 45 would remove the discretion over whether authorities have to produce a plan. Instead, it states that

“authorities must prepare and publish fisheries management plans for all commercially exploited stocks … and … other stocks … that fall below”

sustainable levels. It is absolutely vital to introduce this accountability into the Bill. Far too many of our stocks are still overfished through setting fishing limits above sustainable levels year on year. It is vital that the Bill reverse that through the introduction of effective fishery plans for all stocks currently below sustainable levels. It is also important that we have plans for all commercially exploited stocks, even if they are currently fished at sustainable levels. Those plans need to be in place to ensure stock levels remain at or above sustainable levels.

Amendment 49 would ensure that fisheries management plans actually maintain stocks at or restore them to the sustainable level, rather than merely “contributing” to the stocks’ restoration. Amendment 50 would ensure that authorities are required to establish policies that will return data-deficient stocks to an equivalent proxy of maximum sustainable yield, rather than just having a vague commitment to increase stock levels without specifying any limit.

Amendment 53 would introduce additional requirements for fisheries management plans introduced for stocks that fall below sustainable levels, defined as BLIM. In particular, it would introduce timelines for restoring stocks that have not been fished sustainably. It would introduce catch limits and conservation measures to increase or return the biomass of each stock to sustainable levels within 10 years. It would also require authorities to prepare and publish a fisheries management plan within 12 months of a stock falling below sustainable levels.

If we do not introduce timelines for recovering stocks we could see many more stocks depleted, possibly beyond levels from which they can recover. The Minister talked about 59% of our stocks being fished at sustainable levels, but that figure is actually going down rather than up: in 2018, 69% of our stocks were being fished at or below sustainable levels. We still have a long way to go, so it is important that these timelines are included so that authorities can be held to account if they do not achieve them. It would be bizarre to abandon the common fisheries policy’s target, which requires all stocks to be fished at or below MSY by 2020. I know that it is unfashionable to hark back to the common fisheries policy, but it was right to have that clear target. In a wider ecosystem context, the marine strategy review found that we were failing 11 out of 15 marine indicators, one of which was fishing.

Amendment 54 would ensure that where stocks are shared with another coastal state, the Secretary of State must engage with that state to try to put in place a joint fisheries management plan for shared stocks. This is pretty key, given that the UK shares more than 100 stocks with the European Union alone.

Amendment 55 would simply define BLIM as the reference point at which additional measures need to be introduced to fisheries management plans to ensure stocks are returned to sustainable levels. If fish stocks fall below this level, their ability to reproduce might be reduced and stocks might be in serious danger of collapse. This is the measure used by the International Council for the Exploration of the Sea, which provides annual scientific advice on and assessment of the state of fish stocks used by authorities when making decisions about catch limits.

I know the Minister will tell me that there will be guidance on fisheries management plans, but many of these issues are so important that they should be in the Bill rather than simply in guidance. Although the flexibility that the Bill currently allows on fisheries management plans might be admirable in some respects, it raises another question about the whole issue of consistency. If our fisheries and access to them becomes a material matter in negotiations with the European Union and other states on a variety of trade and international relations issues, the fact that we could be widely—perhaps even wildly—divergent across the four nations must raise interesting questions for the Secretary of State.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I will speak briefly to Amendment 34 and other amendments in this group that relate to sustainable fish levels being included in the fisheries management plans. As the noble Baroness, Lady Jones of Moulsecoomb, said, we are going around in circles—perhaps like some fish.

Fisheries management plans are key to the Bill’s implementation and success, but they will be ineffective if fish stocks are not maintained at or above sustainable levels. The Bill’s thrust is to promote sustainable fisheries management—that is how I have interpreted it, anyway. This aim in endorsed and welcomed by the National Federation of Fishermen’s Organisations. The UK is already well ahead in sustainable fisheries management and has much to build on to become a world leader. For the fishing industry to maintain its current position and go from strength to strength, it is vital that fish stocks are preserved, enhanced and sustainable. It would be unacceptable to promote short-term gain at the expense of fish stocks for future generations.

Decisions on fisheries management must be informed by science, data and information gathering. We welcome the Government’s commitment to ensuring this happens and to an “ecosystem-based approach” to fisheries. This should minimise any harmful effects on fishing activities within the broader environmental, social and economic context. It is therefore essential to manage fish stocks, not only to maintain them at a sustainable level, but to go beyond that. As is clear, climate change can have a dramatic effect on water levels and temperatures. It is paramount that fish stocks are truly sustainable and can adapt to changes over time. It is incumbent on us all to ensure that this happens.

[Baroness Ritchie of Downpatrick]

My Lords, I will speak briefly on Amendment 54, which is to do with shared stocks. The UK Government share the Irish Sea with the Irish Government. An agreement is already in place in legislation called the voisinage agreement, which is like a shared fisheries management plan. I am seeking reassurance that that will remain in place and that the alleged regulatory border in the Irish Sea, as a result of EU management issues, will not impact on fishing efforts in the Irish Sea.

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[Lord Selkirk of Douglas]

My Lords, if nobody else wishes to speak, I want to do so on behalf of my noble friend the Duke of Montrose, who unfortunately could not be here today but who gave me permission this morning to speak to his two amendments in this group, 40 and 47.

Amendment 40 states:

“If, in the light of a review, the fisheries policy authorities conclude that changes are not required to the JFS, they must prepare and publish, as soon as reasonably practicable, a statement setting out the reasons for that conclusion.”


My interpretation of this is that if, in the light of a review, the fisheries policy authorities conclude that changes are not required to the joint fisheries statement, they must prepare and publish as soon as practicable. In other words, there must be as much openness as possible in the statement setting out the reasons for that conclusion.

Amendment 67 states that the period should be

“not less than 28 days”.

This means that the facts must be realistically and correctly stated in the document that would be issued. This decision ensures that the scrutiny period for consultation on the joint fisheries statement should be long enough to ascertain all the facts. It is a safeguard that should be supported, and I submit that it is in the interests of everyone involved. The purpose is to prevent a conclusion being rushed out when all the scientific evidence may need to be taken into account for the cause of sustainability.

I do not think there is anything more I can adequately say on this subject, as the facts speak for themselves.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I am grateful to the noble Lord, Lord Selkirk of Douglas. I too was going to speak to Amendments 40 and 47 on behalf of the noble Duke, the Duke of Montrose—the Law Society of Scotland had sent me a very extensive briefing—but the noble Lord has made all the points that I would have made.

On issue of the 28 days, we have Amendment 69, which mirrors Amendment 67. The Bill currently requires each of the fisheries policy authorities to specify a period for scrutiny of the consultation draft of the joint fisheries statement, but no definition is set out in paragraphs (3) and (4) of Schedule 1. There is no timescale attached to the definition, and it is important that we have one.

The Bill provides that each fisheries policy authority must specify a period for scrutiny of the consultation draft by the appropriate legislature. To rectify this, we propose a minimum period of 28 days if scrutiny must be undertaken. That is important, so I echo what was said by the noble Lord, Lord Selkirk.

[Baroness McIntosh of Pickering]

My Lords, I support the amendment in the name of the noble Duke, the Duke of Montrose, and have added my name to it. I know that my noble friend the Minister will say that the amendment is not needed, but I would argue that it is. If there were no changes to the joint fisheries statement, we should be able to understand why that was the case and why everyone had agreed. It would be helpful to have more openness and transparency in that regard.

Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 2nd sitting (Hansard - continued) & Committee: 2nd sitting (Hansard - continued): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Lord Cameron of Dillington (CB)]

My Lords, I support the amendments in this group, particularly Amendments 98 and 99. It is an interesting idea to have the IFCAs involved in determining fisheries’ opportunities.

There does not seem to be much respect for the MMO among smaller fishermen. In our committee last year, for instance, we heard complaints that it tended to take a short-term view of micromanaging individual small fishermen’s quota—that is, the quota for the under-10 boats. As opposed to issuing an annual quota, which would let them decide when and how they should be managed, the MMO issued weekly or monthly quotas, which did not go down well.

Since then, I have spoken to fishermen operating in Cornwall, south Devon and south Dorset. While I have no sense of the veracity of what I heard, it is clear that respect is pretty low. One said: “The MMO do short term quota fixes, sometimes on a daily basis. People go out and come back and find their quota has changed.” Another said: “With the new catch app, a skipper has to compulsorily weigh up his 20 species of fish before he lands, while meanwhile the coastguard says, ‘Do not work the app while steering your boat.’ Who do you obey?”. The last one is pretty damning—again, I am just repeating quotes; I have no idea about the truth of them—“The MMO is always looking for ways to prosecute the under-10s industry, which is already on its knees.”

As I say, I do not know where the blame lies for the breakdown in communication and trust, but clearly something needs to change. It might be worth looking at the more democratic and wider interests of the IFCAs—as the noble Lord, Lord Teverson, was saying—to see whether they could be involved in the setting and monitoring of the inshore fleet quota.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendments in this group, which are linked and would bring transparency and accountability to the process, as set out clearly by my noble friend Lord Teverson. As he said, in the absence of devolution in England, setting up an English advisory board would allow consultation on England’s fisheries plans with fisheries stakeholders.

On our first day in Committee, we heard much about the consultation that has taken place with the devolved Administration and the agreements reached with them. Some of your Lordships, including me, felt that English fishermen were being undersold. We heard that the Scottish Parliament and the Welsh Assembly agreed with the relevant clauses in the Bill, but we did not hear that the view of English fishermen and women had received quite the same input. Setting up an English advisory board and other advisory boards to oversee fisheries management plans would bring some accountability and transparency into the process and help English fisheries receive parity with their Scottish and Welsh compatriots.

The list of those to be involved would ensure that not only major fishing ports but smaller ports in a region would have a voice in how the fisheries management plans were drawn up and implemented. Although Amendment 65 is long, it is comprehensive and would ensure accountability, devolution and representation for the English fisheries. This is long overdue. I look forward to hearing from the Minister just how this might be achieved.

[Lord Grantchester]

My Lords, one of the puzzles in this Bill is getting to grips with the relative powers of, and interaction between, the Secretary of State, Parliament and the devolved Administrations. Into this mix, the noble Lord, Lord Teverson, has introduced a measure of devolution for England and its regions. I thank the noble Lord, Lord Cameron, for sharing his comments with the Committee.

In his Amendments 64 and 65, the noble Lord, Lord Teverson, has made a strong case for creating advisory boards for major fishing ports in England, giving the power of determination for fisheries operating within the six-mile limit to the relevant local inshore fisheries and conservation authority, and ensuring consultation with local bodies on matters that will affect them. It might even be said that, subject to consideration by the devolved Administrations, similar processes should be followed in the devolved nations.

It does not seem unreasonable for us to use this Bill to examine which level of government is best suited for the various activities and how best to ensure a level of local decision-making in England. At the very least, the Bill should make sure that in formulating policies the authorities engage properly with all relevant stakeholders, including port authorities, inshore fishers and so on.

In his Amendments 91, 98 and 99, the noble Lord distinguishes between the UK’s six-mile limit and its exclusive economic zone. He quite is right to challenge the Bill on its localism provisions.