Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

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

Moved by

[Baroness Jones of Whitchurch]

24: Clause 1, page 2, line 35, at end insert—
“( ) In addition to the fisheries objectives, section (Duty to sustain the UK fishing industry workforce) outlines responsibilities towards the UK fishing industry workforce.”Member’s explanatory statement
This amendment makes clear that the Secretary of State has additional duties to the UK fishing industry workforce which extend beyond the general environmental and sustainability principles provided for in Clause 1.

[Baroness Jones of Whitchurch (Lab)]

My Lords, Amendments 24 and 29, in my name, make it clear that the Secretary of State should have a wider regard to the national interest through exercising responsibilities to the UK fishing industry workforce, particularly its safety and training. They would require the Secretary of State to consult and produce a report within six months of the Bill being passed. The consultation should be a collaborative exercise involving cross-government engagement, the industry and a range of stakeholder groups.

The amendments are tabled with the support of the National Federation of Fishermen’s Organisations, and they are underpinned by continued concerns about the number of accidents and deaths at sea. Fishing is a dangerous industry and, unlike most other jobs, going to sea is incredibly physically demanding and requires extended periods away from home. It remains one of the most dangerous occupations in the world and every year there are deaths in UK waters, many of which are avoidable. The Sea Fish Industry Authority has identified 535 serious injuries to fishermen in the last 10 years, so we can and must do better.

It would be a start if there were a co-ordinated approach to training new entrants to help future generations to begin their careers in a safe and sustainable manner. The introduction of remote electronic monitoring equipment on boats, which is covered by other amendments, would also help maintain safety standards. It is also vital that we set the same high safety standards on foreign vessels as we expect of our domestic fleet, and the licensing arrangements should help facilitate that.

So, although our domestic safety standards are high, the amendments would require the Government to show how they intend to build upon them once we are outside the common frameworks and responsible for our own safety policy development. The amendments would also require the Government to highlight how they intend to assist the industry in identifying, training and retaining new talent to ensure a vibrant industry in the years to come.

Finally, we need an immigration system that allows UK vessels to continue to recruit skilled non-UK nationals to help plug the short-term skills gaps. All these measures need to come together in an overarching plan to build and sustain the fisheries’ future, grow the industry and revive coastal communities. This is vital if we are to realise the objectives in Clause 1. I beg to move.

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, I support both amendments in the name of the noble Baroness, Lady Jones of Whitchurch; I have added my name to Amendment 29. As the noble Baroness said, the purpose of both her amendments is to introduce requirements on the Secretary of State to build and sustain the UK fishing industry. They would also require the publication of a strategy for enhancing the safety of fishers and providing the necessary legal and training infrastructure. The amendments are supported by fish producer organisations throughout the UK.

For many coastal communities, the fishing industry, both onshore and offshore, is critical to their growth, development, job creation potential and local economy. In that respect, I remind noble Lords of the County Down fishing ports, about which I have already spoken to the Minister, where the fishing villages survive and thrive due to the prevalence of the fishing fleet and the fish-processing industries.

Allied with that, though, is a high level of risk and danger. Deaths of fishermen have occurred in the Irish Sea over the last 20 years. I think of one particular family from Kilkeel where a grandfather, a son and his son all perished on one night about 20 years ago. The fishing industry believes that there is a once-in-a-generation opportunity not only to revive those coastal communities and grow the region’s industry role as leaders in sustainable fisheries management but to ensure that this worthy profession is provided with adequate and up-to-date training; that incentives are provided to those who wish to engage in fishing as a profession; and that they are provided with the necessary qualifications in a safe environment to do so.

Take the example of the County Down fishing ports, where about 1,700 people are employed in fishing. I suppose on a proportionate basis, taken throughout the UK, that is not considered a lot. However, in those communities, it is, because fishing is vital to their revitalisation.

The Bill is about setting the future legal framework for fisheries management, but it is also right that Government, Parliament and industry consider how to grow and sustain the workforce needed if new opportunities are to be realised.

The three central themes of these amendments are to protect and enhance the safety of workers across the industry; to develop that modern legal and training infrastructure that helps to grow our domestic workforce; and to shape an immigration system that allows UK vessels to continue to recruit skilled non-UK nationals. I am mindful of the Minister’s written response on this issue to all of us who participated at Second Reading some three weeks ago, in which he said:

“We will prioritise the skills a person has to offer, not their nationality.”


I note that, through the prospective immigration Bill, Defra is working closely with the Home Office to ensure that there is a long-term strategy for the food, farming and fisheries workforce as part of the immigration policy. I hope that the Government will be able to accommodate skilled non-EEA fishers to contribute to the revitalisation of those coastal communities, as well as protecting and enhancing the legal and training infrastructure of all domestic workforces.

I believe that if our fishing industry is to recover and become the catalyst for economic regeneration in our coastal communities again, there is a duty on all of us, and on the Government, to work in a collaborative way with the industry and other relevant organisations to achieve that objective, which should be placed in legislation. That is why I support both amendments.

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[Lord Gardiner of Kimble]

I wrote to your Lordships, and I can read what I said in that letter about the size of the fleet, if that would help:

“Lord Krebs raised a question about advances in technology leading to a smaller fishing fleet. As technology advances, the UK fleet may be able to catch more fish in a more efficient and targeted way, which is one of the reasons why the Bill includes a sustainability objective. The sustainability objective in the Bill includes a fleet capacity objective, seeking to ensure that fleets are balanced with fishing opportunities available and that they are economically viable but do not overexploit stocks. Given this objective, we will assess the impact of any additional quota that is negotiated once fishers start to fish against it, as it relates to the size of the fleet.


As to more precise details, I am afraid that I will have to write to the noble Lord.

[Baroness Jones of Whitchurch]

My Lords, we have had a very interesting discussion arising from these amendments. I am very grateful to the noble Baroness, Lady Ritchie, and the noble Lord, Lord Cormack, for giving us some very moving examples of the tragedies that can occur at sea. I was very taken by the noble Lord’s description, and the message that came through to me was how reliant those vessels are on each other, so that a mistake by one person who does not know what they are doing affects not just that person’s life or livelihood; it can actually bring the whole vessel down.

That underlines the absolute need for everybody on the boats to know what they are doing and to have the appropriate level of skills to make sure that nobody is put in unnecessary danger. The licensing regime that underpins the arrangements in the Bill provides a new opportunity for us to set standards and say, “We won’t license the boat unless the people on your vessel can all prove a certain level of knowledge and skills.” It happens in other industries, and I do not see why we should not have something similar in the fishing sector, so we could be more proactive on this.

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[Baroness McIntosh of Pickering (Con)]

My Lords, I am grateful for the opportunity to debate some issues that have not yet been covered in the debate on Clause 1. In particular, I refer to the political declaration, which says that

“Parties should cooperate on the development of measures for the conservation, rational management and regulation of fisheries, in a non-discriminatory manner.”


I am particularly taken by Clause 1(2) and the reference to contributing to the “availability of food supplies”. I recognise that the fishing fleet plays a significant role in bringing food to the table. We have just had a debate on how dangerous those activities can be, but it is important to recognise the substantial contribution it makes to the food supply in this country. Clause 1(8) states:

“The ‘national benefit objective’ is that fishing activities of UK fishing boats bring social or economic benefits to the United Kingdom or any part of the United Kingdom.”


I make a brief plea to my noble friend. In recognising that economic link, will the Government consider the fact that active fishermen should benefit from this and that as far as possible it should not be non-fisheries activity that do? I am mindful of the fact that some of the quota is owned by non-fisheries entities—indeed, by football clubs and others. Will my noble friend and the Government take this opportunity to make sure that active fishermen will continue to benefit from the national benefit objective and from the foreseen economic benefits for the United Kingdom?

My remaining remarks relate to the precautionary principle in Clause 1(10)(b). Can my noble friend explain how the landing of fish will be recorded in every circumstance? I know that later parts of the Bill look at bycatch and discards, but how will the precautionary principle be applied and what will be the relationship between the principle and the maximum sustainable yield? Will it be enough to look at the usual understanding, which is that that will keep sufficient stock within safe biological limits? I ask this because we have been told that the Government’s stated objective is to replace the equivalent objectives in Article 2 of the basic regulations of the common fisheries policy but, while some of the wording relies on Article 2, it does not entirely replicate it. For example, the precautionary objective in Clause 1 admits the requirement in the EU regulation to achieve the maximum sustainable yield exploitation rate by 2020 at the latest for all stocks. Are the Government still adhering to that objective?

There are other requirements relating to maximum sustainable yield elsewhere, particularly in Clause 6, which I shall want to debate further. Also, the ecosystem objective set out in the EU regulation requires fisheries to be managed so as to ensure that the negative impacts of fishing activities on the marine ecosystem are minimised. The ecosystem objective in Clause 1 goes further, setting an objection to ensure that negative impacts are minimised and, where possible, reversed. Will my noble friend take the opportunity to explain why that is? I know that he has said on many occasions that we will go further than the EU, but why have we taken the opportunity to do that here?

My noble friend will understand that I do not wish to remove Clause 1, but I want to understand it better. It is important that we revert to the precautionary approach to fisheries management wherever possible, but my underlying concern is to ensure that active fishermen will be the principal definition.

[Baroness Jones of Whitchurch]

My Lords, I do not have a great deal to add to the words of the noble Baroness, who has obviously used this debate to ask for clarification from the Minister on a number of questions. I do not disagree with that, but I do not necessarily support the aim of questioning that Clause 1 should stand part, so I shall leave it to the Minister to answer his noble friend’s questions.

[Lord Gardiner of Kimble]

My Lords, I am grateful to my noble friend for enabling me to wrap up why the Government feel that Clause 1 is so important to shaping our fisheries management regime for the future. The objectives, which have been under considerable discussion, support our commitment to leave the natural environment in a better state. As noble Lords are well aware, Clause 1 sets out eight fisheries objectives that will shape and guide the fisheries policies of the four fisheries administrations. They build on and develop the objectives set out in the common fisheries policy.

The aim of the first objective—the sustainability objective—is to ensure that fishing and aquaculture activities are environmentally sustainable while delivering economic and social benefits. My noble friend Lady McIntosh, particularly in raising the aim of the second objective—the precautionary objective—stresses that the absence of adequate scientific information should not justify postponing or failing to take management measures that will conserve fish stock and its environment. This objective includes our commitment to achieve maximum sustainable yield for all stocks as quickly as practically possible.

I stress that the UK has always been a strong advocate for fishing within safe ecological limits such as MSY, both in international agreements and in negotiations over catch limits for stocks we have an interest in. I say specifically that this will not change. The new provision in the Bill to produce fisheries management plans, which we will discuss at a later point, further supports this ambition.

The clause also makes clear that effective fisheries management needs to take into account the wider implications for the marine environment. The aim of the third objective—the ecosystem objective—is therefore to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. This will help ensure that we have a healthy marine environment on which our fisheries resources and others rely. This includes addressing the issue of incidental catches of sensitive species. The clause recognises the need to reverse negative impacts to meet our ambition to restore our marine environment. The availability and use of good data are vital for effective management of our precious marine resources. The fourth objective, therefore—the scientific evidence objective— confirms our commitment to contribute to the collection and sharing of data between the fisheries administrations; and that fisheries and aquaculture activities are based on the best available science.

The fifth objective is the bycatch objective. Its aim is that bycatch is avoided or reduced, that catches are recorded and accounted for, and that bycatch—that is, fish—is landed where appropriate. Tackling bycatch tackles the root cause of discarding, and the UK Government remain fully committed to ending the wasteful discarding of fish, acknowledging the impact this can have on fisheries management and the marine environment.

The equal access objective confirms the position of the four fisheries administrations, which noble Lords have discussed—that UK fishing fleets should continue to have access to fish across UK waters regardless of their UK home port. Another point that my noble friend Lady McIntosh raised was on the national benefit objective. As I have set out, this recognises the importance of fishing by UK boats to our coastal communities and the UK more generally. The objective will therefore ensure that the fisheries administrations set out policies that help realise economic and social benefits from UK boats, including those under foreign ownership. In terms of UK-registered vessels, and regardless of who owns the quota, the economic link is precisely designed to ensure that coastal communities are advantaged.

The aim of the climate change objective—a new objective that came into this list—is that the impact of the fishing and aquaculture sectors on climate change is minimised and that their management adapts in response to climate change. These objectives, and the steps we will set out in the fisheries statements on how we will achieve them, are integral to protecting our precious marine environment and maintaining profitable fishing and aquaculture industries today and, of course, for the years to come. This is absolutely why it is so important to the environment that the next generation is prepared to go to sea to ensure a sustainable harvest, which is after all what we all seek.

I will look at Hansard to check if there were any further points that my noble friend has raised, but I have no further information so will make sure that I cover them with another letter as soon as I can. I hope that noble Lords have already received the letter arising from Monday. In the meantime, I hope that I have given her—she probably approves of much of Clause 1—the opportunity to understand that these are hugely important objectives. They set the framework from which we all must now take these matters forward. I hope that she will feel able to agree to Clause 1.

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Moved by

[Baroness Jones of Whitchurch]

30: Clause 2, page 3, line 12, leave out “proportionately”
Member’s explanatory statement
This amendment removes the word “proportionately” in relation to the application of the fisheries objectives when formulating the policies and proposals in the joint fisheries statement.

[Baroness Jones of Whitchurch]

My Lords, I shall speak to Amendment 30 in my name and Amendment 42 in the name of my noble friend Lord Grantchester.

Amendment 30 questions what it means for a joint fisheries statement to interpret and apply the fisheries objectives “proportionately”. This is an issue that we were beginning to flag up in the previous debate. We have removed the word “proportionately” to probe this drafting further. As we know, we have spent considerable time delving into the wording of the fisheries objectives, and we have been very keen to get the wording right so that it can be consistently applied. I do not intend to reopen that discussion again at the moment, but what does it mean to have to apply those objectives only “proportionately”? There seems to be little guidance or restriction on the extent to which fisheries policy authorities should comply with the objectives. There is therefore no reassurance that the policy statements will deliver effective policies to achieve these objectives.

We could end up with different policy authorities putting different weight on their responsibility to deliver, with different timescales and different monitoring procedures. If they apply the objectives “proportionately”, it could mean that other objectives not specified in the Bill could be weighed against those set out here. If we do not get this right at the top level, it will filter down to the fisheries management plans and undermine all the good work in setting meaningful objectives in the first place. All this feels a little unsatisfactory. As the noble Lord, Lord Krebs, said in the previous debate, we remain concerned about the wriggle room in these objectives, and this is another manifestation of that.

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I am therefore confident, for the reasons I have outlined, that the previous commitments in relation to recreational sea angling have been honoured within the current text of the Bill. We understand our legal and international obligations, which we are signatories to, and this country is well regarded in upholding them—we are recognised as a country that seeks MSY —so I hope that, with the reassurances on these varied matters, the noble Baroness will withdraw her amendment.

[Baroness Jones of Whitchurch]

I thank all noble Lords who have spoken on this issue, and the Minister for his response. We are flogging the same issue of proportionality over and again with different wording. I was not totally convinced by the Minister’s response. He talked about the need for a balanced approach between all the different objectives. We have already rehearsed the fact that that could lead to an unbalanced approach if we are not very careful, or the wrong objectives coming to the top in the hierarchy, so I am slightly anxious about that. I took it from the Minister’s reply that it would not be appropriate for other objectives that were not already listed to be put in that balance. If that is what he was saying, it is certainly reassuring.

The noble Lord, Lord Teverson, made a very compelling case on the international issues and I am not sure that the Minister managed to unravel it, particularly on the first amendment. There will be a need for us to carry on co-operating with our international neighbours, so I do not see what would be wrong in putting that in the joint fisheries statement alongside all the other tasks that have to be carried out. It is not a minor issue: it will be a major part of the authorities’ functions. I hope the noble Lord, Lord Teverson, will reflect on that because I think it is worth further discussion. It may be in a slightly different form of words, but that balance—

[Lord Teverson]

I assure the noble Baroness that, in the next group, I will very much take hold of that issue.

[Baroness Jones of Whitchurch]

We are rehearsing and repeating some of these debates, but that was very reassuring to hear, and I am glad the noble Lord has taken that on board.

The Minister’s point that we will report after the event, rather than be forward-looking, was well made and we need to reflect on it. I was a bit disappointed by his answer on recreational fishing. It is not just about funding or having access to financial assistance but more about the importance of recreational fishing. As I said to the Minister—and he reflected it back to me—it is a major part of the fishing sector, not a minor part. It employs more people and involves more money and jobs, so to say that the joint fisheries statement should not explicitly take account of that does not feel right to me. Again, we may not have put the amendment in the right place, but I think we can firm it up in some way. I will reflect on his comments in Hansard. It may be another one of those issues that will crop up somewhere else during the course of the Bill. For the time being, I beg leave to withdraw the amendment.

Amendment 30 withdrawn.

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[Lord Teverson]

My Lords, I was going to speak further to Amendment 34, but the noble Baroness and the noble Lord have said it far better, so I shall resume my place.

[Baroness Jones of Whitchurch]

My Lords, I am speaking to Amendment 48 in my name, but I also echo the arguments made by other noble Lords. Our amendment seeks to achieve a very similar objective to many others in the group: to maintain stocks of sea fish at or above sustainable levels. We are all, in our different ways, seeking to clarify and firm up the wording which would achieve that. As with some of the other debates, we believe that this is a core principle that should lie at the heart of the Bill.

The objectives set out at the front of the Bill emphasise the importance of sustainability, but this means nothing unless we use the Bill to tackle the scourge of overfishing and bring fish stocks back up to sustainable levels. Of course, as we have discussed before, we recognise that this is not just a UK problem but a global problem. Globally, 29% of stocks are overfished, many of them illegally, or they are unregulated. The Blue Marine Foundation has said that, if these trends continue, the world’s seafoods will collapse by 2048.

This is an opportunity for us to play a leading role globally in addressing this crisis. However, we will only have respect and influence if we are seen to be putting our own house in order. Coming out of the common fisheries policy is an ideal time for us to show leadership on this. Taking more control of UK waters provides a rare opportunity to revisit the scientific data, make a baseline stock assessment, create space for stocks to replenish and reset the dial on how much fishing should be allowed to achieve long-term sustainability. That is why we want to see a requirement not to fish above sustainability levels as a guiding principle running through this Bill.

This should apply equally to UK fishers and foreign vessels given a licence to fish in our waters. Amendment 48 would require fisheries management plans not just to contribute to the restoration of stock levels up to sustainable levels but to go further, by restoring the stock and creating a long-term reserve, so that we can begin to repair the damage that has already been done.

Of course, we recognise that much of the fishing allocation around our shores will continue to be determined through negotiation with our European neighbours, but they have already signed up to the principle of maximum sustainable yield through the common fisheries policy, so they cannot really object if we take a more robust stand on this issue than the negotiations around the CFP have so far delivered.

As we have discussed, we will in due course have new opportunities to fish in UK waters, and this is an area where we could make the most progress. This will be under our direct control, so the benefits can be shared between the recovering fish stocks and the UK fishers who understand that it is in their interest to let those stocks regenerate.

I hope that the Minister will recognise the sense of these arguments and seek ways to incorporate the principles into the Bill.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to all noble Lords who have contributed to this very interesting debate relating to the Bill’s new provisions for the UK Government and, where appropriate, the devolved Administrations, to publish fisheries management plans. These plans will set out the action that we will take to get stocks to sustainable levels. Where we cannot make such an assessment, we will gather scientific data so that such an assessment is possible.

The noble Baroness, Lady Jones of Moulsecoomb, knows how fond I am of her. The sustainability objective is the first objective of this Bill. I am starting to take exception to the questioning of the bona fides of the Government, who have worked with the devolved Administrations to bring this forward. This Bill is absolutely predicated on sustainable fishing for the future, and we will not be doing our fishing community any good if we overfish and do not have good custodianship of our waters. That is the whole basis of this work, and the legally binding nature of the statement and the fisheries plan. When I hear noble Lords talking as if this Government were being negligent about sustainability and the importance of sustainability to the whole basis of this work, I will go round in circles and re-explain why these objectives are part of a balance which we have agreed with the devolved Administrations.

I am most grateful to the noble Baroness, Lady Jones of Moulsecoomb, for tabling Amendment 33. I recognise her clear intention to ensure that fisheries management plans make a vital contribution to enhancing the protection of the marine environment. I firmly believe that the clauses as drafted in this Bill will support a holistic, ecosystem-based approach to fisheries management. I hope that the noble Baroness, Lady Bakewell, will not be embarrassed by me highlighting what she said: that this country is well ahead. It is recognised as one of the leaders. Obviously, we want to be doing even better than everyone else, but it is important to reflect on the bona fides of all Administrations to get this right and to have a vibrant fishing fleet.

The joint fisheries statement requires the Administrations to explain how fisheries management plans will contribute to the fisheries objectives, including the ecosystem objective. The four fisheries administrations are also bound by our wider body of marine legislation, including the provisions in the Marine Strategy Regulations, the Conservation of Habitats and Species Regulations and the Marine and Coastal Access Act. The fisheries management plans will make an appropriate contribution to delivering these broader obligations, and I am confident that these plans will deliver the environmental improvement that the noble Baroness, and all noble Lords, are rightly seeking.

In relation to Amendments 34 and 48, the clause already requires fisheries administrations to set out policies to manage stocks in such a way as to restore them and grow them over time. I agree that in some circumstances it may be necessary or desirable to fish some stocks below maximum sustainable yield for conservation purposes. This could be to ensure that all stocks in a mixed fishery can be managed sustainably, for instance. The clause already allows this. To refer specifically to the second part of the amendment tabled by the noble Baroness, we already have spatial measures to protect key areas of the sea to allow recovery, and fishing stocks at levels no greater than their maximum sustainable level will, by default, leave a proportion of the stock to allow regeneration. The UK Government are also committed to supporting our fishers. It is therefore important that fishing activities are managed to achieve economic, social and employment benefits, as well as contributing to the availability of food supplies.

The noble Baroness, Lady Young of Old Scone, tabled a series of important amendments on the topic of the health of stocks, measured by BLIM. This is the scientific term for the limit reference point for all the mature fish in a particular stock. Amendment 55 from the noble Baroness would add a definition of BLIM to the Bill. This amendment cannot be considered in isolation as it links with other amendments that aim to introduce provisions to manage stocks to levels above BLIM elsewhere in the Bill—so I will address it first.

The proposed definition of BLIM—I have to say that I am not an expert on this, so this is what I am advised—is not the same as that used by the International Council for the Exploration of the Seas, ICES, the body which provides scientific advice on many of the fish stocks in the North Atlantic. ICES defines BLIM as:

“A deterministic biomass limit below which a stock is considered to have reduced reproductive capacity.”


Introducing a different definition in law could inadvertently create issues with interpreting and applying ICES’s advice in future. I am very happy to have a discussion with the noble Baroness, if that would help, because I am afraid it is out of my area of expertise and it might be interesting.

Returning to Amendment 45, there are many factors that can affect the biomass of a fish stock, and fisheries management plans will have to take them into account. Commercial fishing is by no means the only pressure on fish-stock biomass, although I acknowledge that it often is the most significant. Of course, a priority of the fisheries administrations will be to recover fish stocks to healthy levels of biomass, and this will be a key purpose of fisheries management plans. Fisheries administrations will produce fisheries management plans irrespective of whether the stock is overfished, because stocks currently fished at sustainable levels must also be managed attentively to ensure that they maintain their biomass status.

This amendment would restrict authorities to creating fisheries management plans only for commercially exploited stocks and those below BLIM, which would not be the best outcome for all stocks found in UK waters. This amendment may also inadvertently mean that we would be unable to manage some stocks. For instance, there are data-poor stocks where it is not possible to set a BLIM level. This includes certain stocks of lemon sole, ray, dogfish and boarfish. The Bill’s objectives already seek to provide that the health of stocks is restored and maintained and, in particular, the stocks below BLIM would be covered by the precautionary objective. This means that the amendment is not required to achieve its desired purpose and would instead create an inappropriate restriction in the remit of authorities to create fisheries management plans.

Amendments 49 and 49A allow me to set out the important matter of how policies support the achievement of the objectives. The clause in question places a duty on fisheries authorities to set up policies to restore and maintain a stock to sustainable levels, or contribute to these aims, when there is sufficient scientific evidence to do so. These amendments would delete the section on contributing to these aims, which would mean that the policies would have to restore or maintain a stock immediately to sustainable levels, which may not be possible. Furthermore, Amendment 49A adds an unnecessary requirement to meet unspecified criteria on taking a precautionary approach, as plans will already have to be compatible with the precautionary approach.

I say also to my noble friend Lady McIntosh that fisheries management plans can include details of the type of stock, the type of fishing and the geographical area to which they relate. Each plan could therefore cover multiple stocks in a geographical area. Clause 2(5) makes it clear that fisheries management plans set out policies for “one or more stocks”. I assure the noble Baroness that the wording on “contributing” does not remove the duty for authorities to restore and protect stocks.

To give an example of a policy that would contribute to a stock’s sustainability, if a fisheries management plan covers a fishery that targets only part of a stock, the policies set out within that plan cannot achieve sustainability for the whole stock. The devolution settlement allows for the different fisheries administrations in the UK to produce their own plans that contribute to a stock’s management, and the clause reflects this. The proposed amendments would run contrary to the devolution settlement. The same applies for stocks shared with other countries, where our policies, no matter how effective, can go only so far as to contribute to the restoration or protection of stocks.

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[Lord Teverson]

My Lords, I have a number of amendments in this group which I am sure the Minister will be able to bat away quickly and easily. I congratulate the noble Lord, Lord Lansley, on his amendment: it is a problem that I thought we would never have, but he suggests a way to resolve it and I am sure that he would make an excellent independent adviser if it should ever arise.

Clause 3(1) states:

“The fisheries policy authorities may at any time prepare and publish a replacement JFS.”


It comes back to trying to make the rules clearer. Can one of the authorities trigger this, or does there have to be a consensus? I look to the Minister for guidance on what precisely that mechanism is.

I always like simplification in life. While I understand what the Bill is trying to do in requiring two fisheries statements, it would be great to have a combined document so that everybody could understand how the policy looks as a whole. That would be terribly useful to the consumers of the legislation; that is, the industry and all the stakeholders.

I would be interested to hear from the Minister how the department came to six years as a review period. We have American presidential elections every four years, the World Cup is every four years, the Olympics are every four years, and fixed-term Parliaments are every five. Why six? It would be better if it was five. Six years seems a long time in terms of marine ecology and fisheries statements. It should be looked at just a little more regularly.

[Baroness Jones of Whitchurch]

My Lords, we have a relatively simple amendment, Amendment 74, in this group. The Bill requires the fisheries policy authorities to produce periodically a report on the extent to which their policies as set out in the joint fisheries statement have been implemented. Where there is an omission, the Secretary of State is required to intervene.

The amendment would require the Secretary of State, if required to produce a report on the policies omitted from the joint fisheries statement, to consult not only the devolved Administrations but a wider group of representative bodies on the content of the report. It is a straightforward amendment which seeks to fill a gap in the consultation provisions made elsewhere in the Bill. The provision in Schedule 1 does not spell this out in sufficient detail.

On an earlier amendment, the Minister read out a list of representative bodies which the department regularly consults, which of course is welcome, and described it as an “expert advisory group”. However, that is different from a statutory requirement to consult at various stages of policy production and review. I hope that the Minister will concede that our amendment would fill a gap in the consultation proposals. Like the noble Lord, Lord Teverson, I hope that she does not just bat it away.

I am grateful to the noble Lord, Lord Lansley, for his amendments. As he said, we need mechanisms to address what happens when things go wrong, and he made a good stab at doing that. He made the useful proposal that an independent review could be sought when conflicts over policies and their application arose. I hope that the Minister agrees that those proposals have some merit. The noble Lord’s other amendments touch on the extent to which representatives of the UK fishing fleet should be consulted. Again, that is important. We agree with the proposal but, as in our amendment, would want any consultation extended to a wider group of stakeholders.

The amendments in the name of the noble Lord, Lord Teverson, relate to the timescale for the review of joint fisheries statements. He proposed a more meaningful review period of five years rather than six. We agree that there is little logic in the six-year timescale. Given that it is assumed that international negotiations will continue to take place annually, it seems far more practical to review and update the joint fisheries statements in a more timely way in line with changes taking place scientifically and the negotiations with the international community. As he said, five years is consistent also with the parliamentary cycle, so there seems to be not much logic for six and a whole lot more logic for five. I hope that the Minister is able to take that on board.

The noble Duke, the Duke of Montrose, seeks via his amendments to build more flexibility into the production of joint fisheries statements. He may have a point, although I doubt that there would be many occasions where there would not be some need for a review every five or—if necessary—six years.

At the heart of these amendments is a need for proper statutory consultation, meaningful timeframes, the best advice and flexibility. I hope that the Minister will see the sense in the proposals and perhaps take some on board.

[Baroness Bloomfield of Hinton Waldrist]

My Lords, I congratulate your Lordships on getting through a daunting-looking group of amendments in record time. Your points have been made well and succinctly.

Any Secretary of State fisheries statement, or SSFS, would cover only reserved and UK quota matters and would be published only if such matters were not covered in the joint fisheries statement. It is our intention that the joint fisheries statement will be the vehicle which sets out the fisheries administrations’ future fisheries management policies, respecting the devolved nature of fisheries but recognising the benefits of a joined-up approach.

My noble friend Lord Lansley’s Amendment 36 relates to a process to resolve disagreements through an independent review. While I appreciate the sentiment behind making provision for disagreements over policy between fisheries policy authorities to be dealt with amicably, it is unclear exactly how he is interpreting the expression

“a statement under this Act”.

Sadly, I am advised that the amendment would create legal uncertainty.

In respecting the devolution settlements, the provision for a JFS allows for the fisheries policy authorities to set out individual policies alongside those agreed jointly. This means that an authority could publish its own policies if they would contravene its wider policies as part of the statement. Therefore, given that the statement requires administrations to set out their policies, it is hard to envisage how they could then claim that the statement was incompatible with those very policies. If the amendment related to the SSFS, the Bill is clear that this can contain only reserved or UK quota matters, so it would be inappropriate for other fisheries authorities to be able to block a decision by the UK Government in this case. The amendment also seems to allow for a review to be invoked at any time after a SSFS or JFS is finalised, potentially leading to uncertainty around the state of those documents after they are in force.

The review process could also cause problems for the fisheries policy authorities in complying with what the Bill sets out as their legal duty to produce a joint fisheries statement, because it would appear to undermine the statutory framework for co-operation that we are seeking to build, by consent, with the devolved Administrations. I appreciate the concerns that my noble friend seeks to address through the amendment, but perhaps I can provide further reassurance to him by saying that other, non-legislative elements of the framework will be set out in a memorandum of understanding which is being developed with the devolved Administrations. This will enshrine co-operative ways of working and a mechanism for escalating and resolving disputes, were they to arise. Existing governance structures and agreements such as the overarching MOU on devolution between UKG and the devolved authorities, which sets out the JMC process for managing intergovernmental disputes, will also continue to apply.

Agriculture: Genome-edited Crops

Baroness Jones of Whitchurch Excerpts

Wednesday 4th March 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we did not agree with the 2018 European Court of Justice ruling that all GE crops must be regulated as GMOs. There is an advantage in terms of seeking to improve the environment and productivity, and helping the agricultural sector, by exploring further how to better regulate genome-edited organisms. There is a lot of opportunity here. As I emphasised in my Answer, safety and the environment are of primary concern, but there is great scope here.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I do not have any farming interests, but I declare my interest in Rothamsted agricultural research, which is in the register.

There is no doubt that genome editing can make an important contribution to reducing pest-resistant and drought-resistant crops, but does the Minister agree that consumers will be properly reassured by the science only if it is published openly and shared for the common good so that everybody can see the background to that science?

[Lord Gardiner of Kimble]

I absolutely agree with what the noble Baroness has said. That is precisely what we need to do when considering any changes. The most important thing is consumer confidence. We are absolutely clear that there is merit in certain genome-editing activity. The noble Baroness mentioned the Rothamsted Research institute. There is also the Earlham Institute, the James Hutton Institute, the Sainsbury Laboratory and the John Innes Centre. All of our great laboratories are very positive about this research, and we do think that we should reconsider the current regulations.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

Committee stage
Monday 2nd March 2020 Lords Chamber

[Lord Teverson (LD)]

My Lords, I agree that there needs to be far more collaboration. It is the big missing thing in the Bill in many ways. We have a Bill that covers the whole of the United Kingdom. We have devolution in Scotland, Northern Ireland and Wales but I am concerned that we have no devolution in England despite the fact that the English fishery is diverse—as are those of the other nations—and I have amendments later in the Bill that seek to tackle that in a sensible and not too radical way.

I welcome the spirit of the amendments. They are the basement of what we need but I hope the Minister will take strongly the message that there needs to be consultation and working with not only the industry but, as the noble Baroness, Lady Byford, said, the larger stakeholders to make this sector work. I will be interested to hear the Minister’s response to this proposal.

[Baroness Jones of Whitchurch (Lab)]

I am grateful to the noble and learned Lord, Lord Mackay, and the noble Baroness, Lady Byford, for tabling these amendments, and I listened carefully to what the noble Baroness said.

The noble Baroness raised an important point about consultation, although, as we discussed in the earlier amendments, I am not sure—I think she acknowledged this—that adding it to the list of objectives is the right way to go about it. But the sense of what she is trying to achieve certainly has merit.

A number of the delegated powers in the Bill contain consultation requirements with devolved Ministers and/or representatives of the fishing industry. However, in that respect, the need for consultation is reserved for specific purposes and is envisaged as a one-off, whereas this amendment proposes a more regular and longer-term consultation. The noble Lord, Lord Teverson, said he thought it was at the basement of the types of consultation we should have but, nevertheless, we agree that there should be more comprehensive regular engagement with relevant stakeholders.

Moving further than the noble Baroness’s amendment, we need to make sure that the different sections of the UK’s fleet—the trawlers and the 10s and so on—are all effectively represented in the process. We need to make sure that the spread of stakeholders is right.

We are not doing very well with this Bill because we keep having to revisit and go back and forth to parts that we have already discussed. We have amendments later in the Bill which deal with the issue of consultation, and the noble Lord, Lord Teverson, has said that he has more detailed proposals with regard to the establishment of advisory boards and so on.

In the mix of all that there is the fundamental issue of consultation, and all these proposals have merit. We will listen carefully to what the Minister has to say on this issue and, when we have dealt with all the amendments we have tabled, we will try to pull together a considered view about the best wording and the best way forward. We would like to get this element of the Bill right and we may well have to come back to it on Report. As I say, we will listen to what the Minister has to say but we may need to pool our ideas to take this issue forward, and we should do so.

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

My Lords, I am grateful to my noble friend and my noble and learned friend—I am sorry he is not able to be present—and wholeheartedly agree with the principle that fisheries management should be informed by the best available evidence and that there should be close working between the UK Government, the devolved Administrations, industry, scientists and interested parties. All noble Lords who have spoken in this shortish debate have referred to that.

It is a long-established approach for the Government to engage widely on the implementation of policy. We have an expert advisory group considering issues relating to fisheries policy and, because the noble Baroness, Lady Jones of Whitchurch, raised one or two points, I would like to indicate which organisations are part of that to show the spread: the National Federation of Fishermen’s Organisations, the Scottish Fishermen’s Federation, the United Kingdom Association of Fish Producer Organisations, the Scottish Association of Fish Producer Organisations, the New Under Ten Fishermen’s Association, Greener UK, the British Retail Consortium, the Association of IFCAs and the UK Seafood Industry Alliance/Provision Trade Federation.

Additionally, we have a Marine Science Co-ordination Committee, bringing together bodies across government, together with senior scientific advisers. I mention in particular Professor Mike Elliott, director of the Institute of Estuarine and Coastal Studies and professor of estuarine and coastal sciences at the University of Hull, and Professor Michael J Kaiser, professor of marine conservation ecology at the School of Ocean Sciences, Bangor University. I mention this because it is important that your Lordships understand the range of the expert advice we are receiving.

The UK Government are also supporting initiatives from the industry—

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Moved by

[Baroness Jones of Whitchurch]

11: Clause 1, page 2, line 7, leave out “, where possible,”
Member’s explanatory statement
This amendment strengthens the “ecosystem objective” in relation to the reversal of the negative impacts of fish and aquaculture activities on marine ecosystems.

[Baroness Jones of Whitchurch]

My Lords, in moving Amendment 11, I shall speak also to Amendment 13; both are in my name. These amendments tighten up the definition of the ecosystem objective, by removing the get-out phrase of “where possible”. They raise the issue of how we are going to measure what is possible and achievable.

We welcome that the Bill seeks to emphasise the need for an ecosystem-based approach to fishing and aquaculture activities, and to minimise and eliminate incidental catches of sensitive species. This is really important: we have a long way to go in firmly embedding the ecosystem objectives so that we can start to restore the damage that human overexploitation has caused over many years.

For too long fisheries management has been carried out in isolation from other marine management activities, with little consideration of its wider ecological impact. We debated this issue earlier with the amendments of the noble Baroness, Lady Worthington, which raised marine planning and the need to integrate these policies.

The recent marine strategy review found that the UK is failing to achieve good environmental status in 11 out of 15 indicators. The review went on to state that good environmental status

“may not be achieved for many years, unless there are further improvements to fisheries management measures.”

We need to drive that change as a matter of urgency. This leads us to the question: what are the legal implications of specifying that these measures should occur only “where possible”? I realise that this might be a legal nicety, and it might be necessary to put some of these checks and balances into a Bill, but I am also concerned that this is a loophole through which all sorts of bad practice will slip. We are probing the extent to which the Government are committed to securing the reversal of negative impacts and the elimination of incidental catches, rather than simply minimising them. Of course, we accept that these amendments are not perfectly worded, but we believe that the Government can go further than the current position in the Bill. I hope the Minister will acknowledge our concerns about the extent to which the existing wording waters down what would otherwise be a strong objective.

Amendment 14 takes a slightly different route to defining the ecosystem objective, by specifying the protection of endangered aquatic species and undersized fish. Again, we welcome this amendment as a helpful way of improving the current wording.

Amendment 12, on the catching of incidental species, seeks to impose a deadline on the Government’s delivery. We agree with the spirit behind this, and would be interested in exploring ways of achieving it; for example, having a reporting requirement rather than a hard deadline.

Amendments 126 and 127 deal with the specific definition of sensitive species with regard to cetaceans, or aquatic mammals. I am grateful to the noble Baroness, Lady Jones, for raising this concern. I am sure she will speak on this in a moment. It is clear that our conservation policies need to be at least as good as those provided by EU law.

I am glad to have the opportunity to raise this issue. Again, it goes back how firm the Government are in following through on some of the objectives they have set out, and not having too many loopholes that will enable Ministers or future fisheries management groups to disregard what was intended to be a firm policy. I am grateful for the opportunity to explore that further; I therefore beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to support Amendment 11 and the amendments in my name. I note that the Minister did not ask me to meet him before today, and so I am hazarding a guess that he is happy with all my amendments, which is a thrill for me. I almost think I do not need to argue for them here.

However, the Conservative Party manifesto, from which this Government obtained their democratic mandate less than three months ago, made a very specific promise about fisheries. In the section entitled “A Post-Brexit Deal for Fisheries”, big bold letters promised:

“There will be a legal commitment to fish sustainably.”


At the moment, that is a broken promise. There is nothing in the Bill about a legal commitment to fish sustainably. There are ambitions, powers, objectives, statements and a whole load of other bits and pieces, but no legal commitment. I would like the Minister to explain when that legal commitment will be put into the Bill. If it is because I have tabled my amendment, that is absolutely fantastic. The Government promised this to the people in exchange for their votes, so I do not think there is any way that the Government can say that it is not the will of the people and not put it into the Bill.

My Amendment 12 will eliminate the catching of sensitive species within five years of the Bill becoming law. That is important because the current drafting is very weak. Sensitive species should be protected whether incidentally caught or not, and this should not just be minimised but eliminated altogether. Five years gives industry plenty of time to adapt its methods and equipment to achieve this aim. So this is not a probing amendment; it is obviously going to be picked up.

Amendment 14, tabled by the noble Baroness, Lady McIntosh of Pickering, and others in this group have similar intentions. Any legal commitment to fish sustainably would contain these provisions, so the Government really need to listen to the Committee on these issues.

My Amendments 126 and 127 refer to the definitions set out in Clause 48. The definition of sensitive species is very curiously drafted, as it refers to

“any species of animal or plant listed in Annex II or IV of Directive 92/43/EEC of the Council of the European Communities on the conservation of natural habitats and of wild flora and fauna (as amended from time to time)”.

I read that out in full because it raises another very important point. Unless I am mistaken, and I am sure the Minister will correct me if I am wrong, this is not referring to retained EU law but to ongoing, actual EU law. Can the Minister please clarify that for me? It seems that a decision has been made to impose this little snippet of EU law onto our fisheries policy, which seems slightly strange. I would like to know more about that.

Amendments 126 and 127 seek to improve this definition of sensitive species so that it is not so heavily dependent on EU law, which is amended from time to time. This is particularly important for cetacean species: our dolphins, whales, porpoises and other similar highly advanced marine creatures, which, as we all admit, suffer extremely under the treatment they currently get. It is important to have cetaceans named in the Bill in case the Government later decide to remove reference to the EU directive, perhaps because they do not like it any more. I am in no way suggesting that this is the only way to deal with this issue, but the current decision to base the definition on EU law needs explaining and I think it needs to be improved.

Coming back to the will of the people, I want the Minister to reassure me that the Conservative Party’s manifesto will be delivered on this issue. I hope he can commit to working with noble Lords from across the Chamber, who care deeply about this and bring a great deal of knowledge and expertise. On his earlier point on the meanings of sustainability, the fact is that if you do not have environmental sustainability, neither do you have social and economic sustainability. If you deplete fish stocks, fishers will go out of business.

--- Later in debate ---

I hope that I have been able to emphasise the Government’s clear commitment to sensitive marine species and to the marine environment, both through the Bill and through other strategies because this is part of a continuum of other pieces of legislation that make up our statute book. On that basis, I ask the noble Baroness whether she feels able to withdraw her amendment.

[Baroness Jones of Whitchurch]

I thank the Minister for that answer. I also thank the noble Baroness, Lady Jones of Moulsecoomb, for mentioning the wording in the Conservative manifesto about the legal commitment to fishing sustainably. This goes back to the discussion we had at the beginning of today’s debate: there seems to be a chasm between our understanding of what fishing sustainably is, and indeed what was implied by the Conservative manifesto, and what the Minister has told us it is. We use the word “sustainable” to mean environmentally sustainable but earlier the Minister was adding all sorts of other interpretations of the word. We need to thrash this out because I feel uncomfortable with “sustainable” having a much broader definition that encompasses economic and social sustainability. That is not what I mean; nor do I think it is what was intended by what is in the manifesto. The Minister said that the legal binding would be through the fisheries statements and so on, but when it comes to the legal requirement it is different if you use his interpretation of “sustainable” or ours. I do not think we have sorted that question. We need to come back to it and we will, as I am sure the Minister will be aware.

On our amendments on the ecosystem-based approach, I realise that taking out “where possible” was perhaps a stretch too far, but equally it brings up the question of how you measure what is possible. Anyone can say that something is not possible. I am not sure of the legal definition of what is and is not possible, but as long as you say that you will do something “if it is possible”, in my book that means it might not happen. Of course, I am not saying that our wording is right, but an ecosystem-based approach should be an all-encompassing approach that determines what is possible and what is not, what is measurable and which deadlines should be used to achieve all that. We should not need to have all the extra caveats that are in the Bill. As I say, I realise that I was pushing the limits of all this, but I feel as if we have left that door a little too far open and we might have to come back to it again.

I heard what the Minister said about sensitive species and I will certainly want to look very carefully at it in Hansard. I do not know whether the noble Baroness, Lady Jones, was reassured about the retained EU law. It seemed to make sense to me but she may take a different view on that. We will certainly need to check it again. We may come back to some of these issues but in the meantime I beg leave to withdraw the amendment.

Amendment 11 withdrawn.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

Committee stage & Committee: 1st sitting (Hansard - continued) & Committee: 1st sitting (Hansard - continued): House of Lords
Monday 2nd March 2020 Lords Chamber

I very much support the majority of the amendments in the name of the noble Baroness, Lady Jones. However, one of them slightly suggests an obligation for foreign vessels licensed to fish in UK waters also to land in the UK. I am slightly more hesitant about that approach; the last thing we would want is retaliation, or reciprocation. The last thing we would want in, say, Norwegian fisheries, is for British boats to have to land their catch in Norway. I do not really think that that would work. I am not so bothered about foreign vessels that are licensed here; as long as they pay us good money, or we have swaps on quota allowances, that would be sufficient. But we do need to tackle this area of effective foreign ownership of UK quota and bring some of that back home to our ports—so that they can thrive and make the most of the new situation that the noble Lord, Lord Grocott, described.

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have five amendments in this group: Amendments 20, 21, 77, 80 and 84. First, a number of noble Lords have sought to amend and clarify the definition of “national benefit” in different ways. The fact that different Peers have tried to do that shows that this is open to a huge range of interpretations. It is a rather vague, catch-all phrase so it is right that we should probe it; it needs further clarification. It is also important that we return to our earlier discussion. If the phrase is too vague, it could be used to override some of the other important objectives that could be subsumed under it. So it is important that we understand exactly what it means, and that it holds its place proportionately with all the other objectives; it is clearly better defined by that.

I think we are all still struggling with those objectives. We identified at the beginning of the debate that eight—or however many there are—is too many, and asked how we rank them and so on. The vaguer they are, the more difficult any of that ranking will be. The phrase “national benefit” is so vague; we need to do a bit more work on the phrase itself but also on how to interpret and define it. We need to bottom out that discussion; maybe the Minister can help us a bit more with that.

Our Amendment 20 has a simple intent: it seeks to ensure that foreign vessels fishing in our waters should have the same obligation to respect the national benefit—however we define it—as required of the UK fleet. This should be the basis on which licences are granted. We believe it is a straightforward and uncontroversial amendment; we hope that noble Lords will agree.

Amendments 21, 77, 80 and 84 raise a very different issue—some of these amendments have been grouped rather oddly, but I shall address them as they have been set out—which is the concept of a national landing obligation. We believe this is vital to ensuring the long-term health of our coastal fishing fleets and communities. This is spelled out in detail in Amendment 84, where we specify that all licensed boats should be subject to the national landing requirement to land a percentage of their boat’s catch at a port in the UK. Our proposal is that the percentage of the catch should be set at 70%, rather than the noble Lord’s 75%, unless the Secretary of State determines otherwise and sets out his reasons, but we could discuss trading that figure.

This is an important principle and we set out our argument for it at Second Reading: a requirement to land at UK ports could herald the renaissance of our coastal communities, which is long overdue. While the numbers vary according to the type of fisher, we know that for every job created at sea many more are created on land as a result of the need for landing, processing and onward transportation, for example. It is estimated that about 10 times as many jobs are created on land as at sea, and currently many of those jobs are going to other EU ports. Meanwhile coastal communities currently have higher rates of unemployment and lower wages. They have the additional challenges of a drain of young people, social isolation and poor health. A policy based on a national landing requirement would provide more local jobs for local people and would save fishers having to travel hundreds of miles in search of a fair price for their catch because then, we hope, the market would come to them rather than them having to chase the markets overseas.

If we were to introduce a minimum landing requirement for fish caught in our waters, that would provide a level of certainty for the sector that historically has been lacking. That in turn would, we hope, facilitate investment and innovation, which could help with other matters such as decarbonisation and, as I say, would bring local regeneration based on good environmental principles. I hope noble Lords will see the sense of this argument and support the amendments.

Amendment 78, tabled by the noble Lord, Lord Teverson, which he has just eloquently described, also deals with the requirement to land a proportion in UK ports. He has an exception for landing in distant-water fisheries, which I think we accept; you can take the principle that we are suggesting only so far, so there is merit in that. That is also an issue that we have covered in our Amendment 90. We need more clarification on it but I think we are all fishing in the same water around those principles.

We also welcome the tabling of Amendment 18 by the noble Baroness, Lady Worthington. It would bring other forms of fishing, such as recreational fishing, into the scope of the national benefit objective. Again, this underlines the fact that the phrase is very vague and therefore you could tack all sorts of things on to it. However, we support the principle. We have other amendments that spell out in more detail the importance of recreational fishing. Perhaps it could be better sited elsewhere but it is an important principle and we are happy to find the appropriate place to put that wording for the future. I look forward to the Minister’s response.

[Lord Lansley]

My Lords, if my noble friend will forgive me, I want to interject for a short moment, not about the definition of the national benefit objective but on the second part of this group of amendments, relating to a landing requirement. It struck me as a useful debate to have in Committee. For a start, it allows us to expose the question of whether Ministers want to be in the position to impose any kind of landing requirement under any circumstances.

Personally, I was pleased to hear the noble Lord, Lord Teverson, say that setting a landing requirement for foreign boats in UK waters would simply lead to the imposition of the same requirement on British boats in other waters, and I am not sure that is where we want to end up. I am glad that both speakers from Labour and the Liberal Democrats have endorsed the view that this should apply only to fishing in our exclusive economic zone; it would need not to apply, or to be able to be exempted, for distant-waters fishing. I hope noble Lords will forgive me for saying that to set 70% or 75% in primary legislation would make no sense whatever. Putting that to one side—and saying that therefore the amendments do not work—it raises a very interesting question: does the Bill, under any circumstances, allow fishing authorities in the United Kingdom to set any kind of landing requirement? I do not know the answer; I cannot find it anywhere. I wonder whether it is thought potentially never to be necessary under any circumstances. It seems to me that there is a potential mischief involved in the ownership and use of quota, which could be remedied either through the allocation of quotas or through a landing requirement. I am not sure that Ministers have told us whether under any circumstances they would use the former and never the latter. That is an interesting question.

--- Later in debate ---

[Lord Gardiner of Kimble]

My Lords, this debate has turned into rather an intriguing one, with lots of contributions. I am grateful to noble Lords for these amendments, which all relate to a matter emphasised by the noble Lord, Lord Mawson; that is, ensuring that coastal communities which rely on fishing see a benefit from fish caught in UK waters. The UK Government agree that this is a matter of the upmost importance, but I suggest that other routes beyond this Bill should be used to secure this outcome as well.

Amendment 18 would include recreational and environmental use of fisheries in the national benefit objective. Amendment 19 seeks to ensure economic, social and employment benefits from fish and aquaculture activities. The objective as it stands in the Bill highlights that UK boats, including foreign-owned but UK-flagged boats, should provide economic, social and employment benefits to the UK when fishing against the UK’s fishing opportunities. This is currently achieved through a licence condition requiring all UK vessels to demonstrate an economic link to the UK. The Bill also extends the ability to prescribe an economic link in respect of foreign vessels licensed to fish in the UK through the foreign vessel licensing regime, if this is negotiated internationally.

Perhaps I might take a moment to set out what the economic link requirement currently stipulates of UK vessels. The requirement is delivered through the licensing regime and can be controlled and enforced by the fisheries authorities and the Marine Management Organisation. The economic link is a devolved matter, but currently this licence condition is UK-wide, as agreed in the 2012 fisheries concordat between the Administrations.

I say in reply to my noble friend Lord Lansley that we do not need legislation to amend or set an economic link; it is managed through licence conditions. The conditions of the economic link are that vessels must land at least 50% of their catch of quota species into UK ports; have at least 50% of their crew normally resident in the UK; spend at least 50% of operating expenditure in the UK; or demonstrate an economic link by other means. In practice, this last option usually involves the donation of quota to the under-10 metre quota pool.

In 2018, the majority of vessels met the economic link by landing at least 50% of their catch in UK ports. Twenty-seven vessels met the economic link through other economic link criteria. Of the 27, 22 complied by donating 714 tonnes of quota worth £2.5 million, and five employed a crew the majority of whom were resident in the UK. This quota was put into the under-10 metre pool, which is managed by the MMO, and vessel owners who have valid licences are entitled to fish for it.

Other parts of the Bill, in particular paragraph (a)(ii) of the sustainability objective in Clause 1, already state the UK Government’s aim of ensuring that fishing activities are managed so as to achieve economic, social and employment benefits, which I hope provides the reassurance that my noble and learned friend Lord Mackay seeks in his Amendment 19. This would include the management of recreational and environmental use of fisheries. As such, Amendment 18 does not need to be included because the Bill achieves the same effect as the noble Baroness, Lady Worthington, seeks. I am happy to have further conversations if that presents difficulties for her, but that is the position as I understand it.

There are some further, practical issues to consider in relation to these amendments. It is not clear what any national benefit requirement for the recreational sector could be or for those exploiting the resources for environmental reasons; nor would it be easy to consider how any wider national benefit requirement could be delivered.

The noble Baroness, Lady Jones, seeks through Amendment 20 to extend the scope of the objective that the fishing activities of UK fishing boats should benefit the UK to include the activity of foreign vessels and, through Amendment 21, to require that a majority of fish be landed by UK boats for processing at UK ports. I shall speak to these amendments in turn.

In the future, any access by non-UK vessels to fish in UK waters will be, as all noble Lords know, a matter for negotiation. Access will be on the UK’s terms and for the benefit of UK fishermen. Our access negotiations will always seek to bring environmental, economic and social benefits to the UK. Therefore, through our negotiations, benefits to the UK from any foreign vessels fishing in our waters would be sought and secured, without such an amendment to the Bill.

There would be a number of practical challenges to delivering the change that Amendment 21 seeks to impose. The noble Lord, Lord Teverson, and my noble friend Lord Lansley referred to this. The imposition of this requirement on UK vessels would make many vessels’ existing business models inoperable, as they rely on non-UK markets for the sale of their catch. This is often the case where prices are higher or, in some instances, where appropriate port facilities in the UK are not available. There could be implications for safety if vessels are not able to access suitable ports at the appropriate time. Further, enforcing increased landings into the UK could result in lower prices for the catching sector.

The amendment refers specifically to fish for “processing in UK ports”. While we want to encourage greater processing in the UK, as it creates value and brings employment, there are challenges in practice. We have some world-class processing plants in the UK, but they are not necessarily found in ports. It will also take time and money to invest and build processing capacity. We must also recognise that markets for processed fish need to be developed and there can be good value to be gained from the sale of, for example, unprocessed fish or live shellfish.

Landing requirements currently exist as part of the economic link condition attached to all UK vessel licences, as I have already detailed. This proposed amendment would make it more difficult for other mechanisms which benefit UK coastal communities to operate, including quota donations made under the economic link condition, resulting in a fall in fishing opportunities for the inshore fleet. Schedule 3 to the Bill sets out vessel licensing powers, which we will continue to use to impose economic link conditions on UK registered boats. The economic link policy is being reviewed, to ensure that it remains as effective as possible as we leave the CFP. However, I believe that a licence condition remains the most flexible and effective way of achieving this objective.

Amendments 77, 78, 80, and 84 seek to introduce a new national landing requirement and apply it to vessels licensed using powers in the Bill. While the Government support the intent of these amendments, which is to ensure that the UK benefits from its valuable natural resources, we believe that their aims are addressed both in the Bill through the national benefit objective, as I have previously highlighted, and the provisions to license foreign vessels for the first time, which would allow us to impose on them requirements which are equitable with our licensing regime for UK boats.

There is already work being undertaken on this topic by the Government and by the devolved Administrations. The amendments as drafted would not be appropriate to include in the Bill as they do not respect the devolution settlements—the economic link being a devolved matter, as I have set out. As made clear in the UK Government’s fisheries White Paper, the economic link conditions will be reviewed with a view to strengthening them. The Scottish Government consulted on this issue three years ago. We wish to work with the devolved Administrations to consider whether having the same economic link conditions across the UK would simplify matters for industry.

I am sure noble Lords will agree that, in developing options for reform, we must consider the best interests of the whole fleet, including those British vessels that land abroad when it is most profitable, and ensure that vessels can continue to operate as successful businesses. As we review the economic link, we will carefully consider the impact of changing the required share of landings into UK ports. Setting a fixed percentage for required landings into UK ports by all vessels could present practical difficulties, as the infrastructure for handling large increases in landings may not be in place, and it could disrupt existing supply chains. Furthermore, it would not necessarily benefit the inshore fleet, as quota that has been donated to the under-10 metre pool in the past would, instead, be required to be landed into UK ports by foreign owned vessels. The current drafting of the Bill respects and reflects the devolution settlements, where each Administration is responsible for setting licence conditions, including the economic link. It would therefore not be appropriate for the Secretary of State to be legislating for the whole UK, as proposed.

I realise that this has been a fairly lengthy explanation, but I hope that it has been helpful in demonstrating the UK Government’s commitment to, first, seeing a real benefit from fishing for our coastal communities, and secondly, ensuring that our fishing industry is given enough flexibility to flourish. I understand the rationale behind all the amendments, but I have sought to outline some of the practical intricacies of the fishing industry.

One of the generous remarks by the noble Lord, Lord Teverson, repeated today, is that the more you learn about the fishing industry, the more you realise how little you really know, because of its intricacy and complexity. I have tried to outline some of the points of difficulty that the amendment presents, although I absolutely respect the importance of supporting our coastal communities. With all that in mind, I ask the noble Baroness at this stage to withdraw her amendment.

[Baroness Jones of Whitchurch]

I shall read what the Minister said in detail in Hansard. He said that this is riddled with complexity, and I am sure that that is true, but did I understand him to say that there is a working party already working on issues around the national landing requirement? Is it that he thinks this is a good idea but, as we were discussing earlier, everything has to be agreed with the devolved nations and therefore we cannot agree anything in the Bill? Is this something that is already in train but has not yet been signed off? Is that really what he is saying? I understand that there may be details underneath it.

[Lord Gardiner of Kimble]

I repeat what I said: work is already being undertaken on this by the Government and the devolved Administrations. It is work in progress, but that is the right route, particularly as these are devolved matters and that is important. The Government want to find ways: although we must and do respect the devolution settlement, there are many respects where we have been seeking to work together and why we are legislating on behalf of all four parts of the United Kingdom on this matter. It is the case that we are acting in concert with the devolved Administrations. We are very mindful that many of these areas are devolved, but we think that in the interests of simplicity and straightforwardness there are many areas where we would like to have a single focus, as it were.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 2nd March 2020 Lords Chamber

[Baroness Worthington (CB)]

My Lords, I rise to speak in general support of the principles behind this amendment. We must consider in this debate how we establish—without any shadow of a doubt—that in the handing over of quota for fisheries activities, we are transferring something that should be held as public property, in trust for the people of the nation. That should be established in law, without doubt. I worry that, as mentioned by the noble Lord, Lord Teverson, this is far too similar to the current system that we experience under the European Union, where there is an explicit conference of rights to fishermen based on the principle of relative stability. This had led to a race to claw back the rights that have already been given out. We will see, as the debate on the Bill progresses, that a lot of what this centres on is how we take control of those rights, so that they are granted with the appropriate level of scrutiny, transparency and consideration of the multiple benefits that accrue to us as a nation from the maritime resources within our waters.

I am not sure that this is the right approach, but I completely support the principles behind it. As we go forward, we must consider, as we are now doing with our agricultural policy, that, freed of the common policies of Europe, we must have the courage and the ambition to do something that is truly transformative. We will certainly come back to this principle that the rights to fish are, essentially, a public property held in trust for the nation.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Teverson, for allowing us to debate these important principles about the ownership of our marine stocks. He is right to say that the Bill currently lacks ambition and relies far too much on sustaining the status quo, with all the inequalities and inadequacies that we have identified, which have belied our fishing negotiations over the years.

During the course of the Bill, we will have some difficult discussions about the allocation of existing and future fishing rights, and I suspect that they will not be so easily resolved by this simple declaration. I accept the point made by the noble Lord, Lord Lansley, about the issues of devolution. We have to be careful about our language, but it is important to say at the outset that no claim on rights should be permanent and all should be subject to our overriding commitments on sustainability.

This is also a welcome opportunity to register the important role that the fishing industry plays in many coastal communities across the UK. This Bill must be a vehicle for supporting and strengthening those communities while at the same time protecting our marine stocks, rather than being the means through which we exploit a natural resource for purely business and economic benefit. At the same time, a flourishing fishing industry is good for the nation as it provides healthy, locally accessed food, as well as trading opportunities with our neighbours.

In this regard, would the Minister like to comment on the words of the Treasury advisor, Tim Leunig, who has been quoted as saying that the

“Food sector isn’t critically important”


to the economy, and that

“ag[riculture] and fish production certainly isn’t”?

I know the Minister will say that this is not government policy, but what message do comments like this send to a sector already nervous about its future? From our side, we want a vibrant UK agriculture and fisheries industry and to encourage UK consumers to buy British and have faith in locally accessed food. I hope that the Minister will disassociate himself from these comments and send a message back to the Treasury that it should not be employing or listening to advisers who are so out of kilter with the views of most politicians and the vast majority of the British public.

On the subject of trade deals, although the Bill is intended to be negotiation neutral, does the Minister agree that there is a responsibility on the Government to secure a deal with the EU and EEA which allows us, first, to catch more of what we eat and, secondly, to easily sell the catch that we will not eat into those markets? We understand the intentions behind tabling this amendment today. It is of course important to restate that the resource belongs to the nation, but I suspect that we will be debating these issues for many days to come, no doubt giving us the opportunity to explore and spell out in more detail what that really means during consideration of the Bill. I look forward to the Minister’s response.

[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 Lord, Lord Teverson, for bringing forward this amendment and, indeed, to all noble Lords who have spoken. While I fully understand the aim of this amendment, to make it clear that UK fish stocks belong to the nation, I take this opportunity to explain why I cannot support it and, indeed, why the Government cannot do so. I am mindful of what my noble friends Lord Lansley and Lord Caithness have said, particularly when it comes to devolution.

We were clear in our fisheries White Paper that we consider that

“The fish in our seas, like our wider marine assets, are a public resource and therefore the rights to catch them are a public asset.”


I should also say at this juncture, in declaring my farming interests, that the sustainable harvest that we get from our seas, our lakes and, indeed, from our farming sector are absolutely crucial to this nation. I emphasis particularly—as, I am sure, would the noble Baroness, Lady Jones of Whitchurch—that, as far as I am concerned, it is in the national interest that we have a vibrant farming and fisheries sector. We want that not only because it is a public good but because, in order to feed the nation as well as in terms of our exports, with climate change and all the pressures from that, we are going to have to find innovative ways of feeding ourselves and the wider communities of the world. So I say absolutely that in my department, and indeed across the nation, we look to our farmers and our fishers.

I put on record that there are dangers in both sectors and there are too many fatalities; I think safety is of primary importance. I take this opportunity to say to the noble Baroness and all your Lordships that this—after all, Defra covers environment, food and rural affairs—is a very important part of our food supply and a very healthy one.

On a point made by the noble Lord, Lord Cameron of Dillington, during the passage of the previous Fisheries Bill the then Fisheries Minister—now the Secretary of State—made it very clear in the other place that

“it is a statement of fact that”

fish

“are a public asset, and our common law tradition enshrines that.”—[Official Report, Commons, Fisheries Bill Committee, 11/12/18; col. 141.]

The need to view fisheries as a public good is reflected in the measures that we take to promote sustainable fishing. It is, for example, reflected in our approach in Clause 27, “Sale of English fishing opportunities”. Any scheme set up under this power, having been through consultation, would recognise the value of fisheries and raise revenue for the public good. That revenue could be used to support fisheries science, particularly the stock surveys that underpin annual negotiations on the total allowable catch and in-year fisheries management.

I assure the noble Lord that this principle is further covered by the objectives in the Fisheries Bill. The key objectives in this instance are the national benefit and sustainability objectives, which state that

“fishing activities of UK fishing boats bring social or economic benefits to the United Kingdom or any part of the United Kingdom”

and that fishing activities are

“environmentally sustainable in the long term”.

That is a point that the noble Baroness, Lady Jones of Whitchurch, referred to: we want our fishing and coastal communities to have a vibrant future.

We believe that the effect of this amendment would have a profound implication for the existing quota system. I know there are critics of the current regime, but it is also not without its supporters. Indeed, there has been considerable investment in the regime, and it has allowed our quotas to be well-utilised. For example, the flexibility to sell or lease quota has proven helpful to fishers as it enables them to continue to fish for certain stocks when there has been more of an abundance, or if a fishing stock for which they have a quota is not proving to be profitable. It can also be a solution to fishers not being able to fish all their quota for one species because their quota for another species in a mixed fishery has been exhausted.

This is another point that I would like to make to the noble Lord. While under 10-metre vessels may receive only a small percentage of the total UK quota, they receive a greater share of the stocks that are important to them. For example, in 2018 around 77% of the weight and 78% of the value of UK under 10-metre landings were from non-quota species such as crabs and lobsters. The UK Government recognise the need for balance between continuity in the existing system and opportunities for change in future. That is why the fisheries White Paper noted that existing quotas would continue to be allocated using the existing methodology but that additional quotas negotiated will be allocated using a different methodology. This approach has been broadly welcomed across the industry, which agrees that this is a sensible way to proceed—learning, piloting and ensuring that the industry is not destabilised. That really is an important feature of this matter. We do not wish the industry to be destabilised; in fact, quite the reverse.

I say to the noble Lord that I think the amendment rocks the delicate balance between the certainty of the existing system and the new opportunities that new quota would bring. I also have to say at the beginning of this Committee stage that what resonates with me is that not only has the Bill been through an earlier phase in the other place but it has been worked out really strongly and collaboratively with the devolved Administrations. I say to your Lordships, as we embark upon this particular voyage, that it is important to recognise that this is a piece of work that we are also legislating for the devolved Administrations, and the points that my noble friends have made are extremely pertinent. On that basis, I hope the noble Lord will feel able to withdraw his amendment.

--- Later in debate ---

[Lord Teverson]

My Lords, I very much welcome marine planning. I should perhaps declare a past interest as a board member of the Marine Management Organisation, which is responsible for marine planning in England. Last week I talked to Gillian Martin, the convenor of the environment committee of the Scottish Parliament, about marine planning. It is happening in Scotland, too.

I am certainly not advocating this as yet another objective—we have too many already—but it is important that the Bill takes account of marine planning and all the work going on in that field. Today our seas are, to put it mildly, used in multiple ways—for trade, renewable energy, undersea carbon capture and storage, and lots of other areas. I am not sure that the Bill even mentions things such as marine conservation zones, which are part of marine plans and, inevitably, part of the management of the fishing regimes. I would like to think that there was a way to refer to marine plans in the Bill, although not quite in this way.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Baroness, Lady Worthington, for tabling these amendments. As she said, they relate to the importance of marine planning and the conservation obligations of the fishing sector.

The Marine and Coastal Access Act is an important piece of legislation, passed in the final years of the Labour Government, of which we are very proud. It already requires the UK and devolved Administrations to prepare marine plans. The point made by the noble Baroness was important: new legislation should incorporate the marine plans where they overlap and apply. With this Bill it is sensible to incorporate them into the joint fisheries statements and the fisheries management plans. We should not risk one piece of legislation overriding the obligations of another: the case for integration is well made.

As marine plans have been with us for some time, there is an argument that they should provide the bedrock on which other policies are built and developed. There is little sense in having marine conservation measures in place if certain protections are at risk of being disrupted by fishing activities authorised under the Bill, so the case for integration is strong.

We have raised previously with the Minister the wider challenge of how all Defra Bills integrate; for example, how this Bill will integrate with the Environment Bill. They all need to interlink and create a bigger whole. I am sure that we will be told that a number of the issues that we raise here will be dealt with in the Environment Bill. We need to make sure that everything is in its place and is interlinked. Everything should be developed as a package. The points made by the noble Baroness about the links between this Bill and marine conservation are well made. As with all these things, it is about finding the right wording and the right place in the legislation, but the principle is one that we should adopt.

[Lord Teverson]

My Lords, I should have made another declaration: I am co-chair of the Cornwall and Isles of Scilly Local Nature Partnership. Obviously, being surrounded by sea apart from the Tamar—which is an even more important boundary with our brothers in Devon—Cornwall has a marine interest.

Tree Pests and Diseases

Baroness Jones of Whitchurch Excerpts

Thursday 13th February 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble and learned Lord for tabling this debate; for setting out so eloquently the challenges facing our prized and loved native woodlands; and for sharing his salutary lesson about the travelling pine cone, which we all took to heart. Noble Lords have contributed a wealth of knowledge to the debate and the Minister has done more than most to raise awareness of the dangers of invasive pests and diseases. The challenge is whether we should be doing more.

I declare an interest as the chair of Rothamsted Enterprises—a part of the world-renowned agriculture research institute—which is working on these issues, including the medicinal benefit of trees, to which the right reverend Prelate referred.

During the course of the debate, all noble Lords have given vivid descriptions of the problems we face. More tree pests and diseases have arrived in Britain in the past 40 years than at any time before then. Noble Lords have spoken passionately about the impact of ash dieback and chestnut blight on their localities and landscape, and species of oak, Scots pine, beech and birch are all at risk from invasive bugs, fungi and bacteria, some of which are already here while others are expected at any time soon.

Noble Lords have also highlighted the particular impact of grey squirrels and have described some novel proposals for their eradication. However, one thing is clear—we need a scientific and humane initiative if we are to control their spread.

There is a concern that our native forests could suffer a similar fate to woodlands in the US, where vast swathes of woodland have been wiped out by invasive species. It comes months after the damaging fires which raged in the Amazon rainforest and in parts of Australia, reminding us all too starkly of the vital role trees play in offsetting global warming and supporting biodiversity. We cannot afford to continue losing vast sections of the Amazon rainforest and the crucial role it plays as a carbon sink; and we cannot afford to lose the UK woodlands and their own contribution to achieving our carbon budgets, a point made by a number of noble Lords.

This is why we support the Government’s ambition to plant 11 million trees, even if it fell—pun intended—short of the commitment in my own party’s recent manifesto, to which noble Lords referred. For every tree that dies as a result of invasive pests and diseases, the challenge to meet that planting target—which is already behind schedule—becomes even harder. The cost of dealing with the clear-up of diseased and dying trees adds further economic burdens, with estimates of the impact of ash dieback alone as high as £15 billion.

We are all familiar with the causes of the problem which your Lordships have highlighted today. Global warming is having a huge impact because insects which previously have been killed in harsh winter months are now breeding more than once a year, and our warmer climate is becoming a magnet for new pests which had previously been unable to thrive in the UK. At the same time, the rise in globalised trade of live plants, combined with the impact of travellers often unwittingly hosting pests which hitch a free ride on to our shores, remains a huge challenge.

As noble Lords have made clear, humans bear a major responsibility in this. International travel fuels a taste for exotic plants, and the commercial pressures to feed that demand often outweigh the wider concerns about the impact on our native species. Sometimes the causes can be more mundane but deadly: for example, the use of wooden crates—a perfect vehicle for hungry pests looking for a new home—to transport goods all round the world.

So, what is being done about this challenge? I said at the outset that Defra seems to have a sensible strategy and I am sure the Minister will tell us more about it. The tree health resilience strategy sets out a helpful action plan for combining international collaboration, awareness raising and training with tighter surveillance and controls. However, arguably it lacks the urgency, targets and funding that many noble Lords are demanding today.

I was interested to read an interview with Nicola Spence, the UK’s Chief Plant Health Officer, last year. She described the sterling work by inspectors at the ports and airports—often assisted by sniffer dogs—who are trying to ensure that any wood being imported has been treated and is free from invasive pests and diseases. She emphasised the points that noble Lords have made about the need for better communication and vigilance to ensure that citizens take these issues seriously when travelling abroad. She also outlined the campaign taking place to educate travellers about the threats. However, she also rightly stressed the need for more research into prevention and cure. This could enable us—as we are seeing with the planting project in Hampshire—to develop genetically modified pest-resistant trees, as well as the natural microbes which could be enlisted to fight the diseases. Science is key. Can the Minister give an update on how much extra funding is being provided for this critical research and what are the timeframes for the outcomes to be implemented?

At the same time, it was clear that planting more diverse native woodlands with mixed stands of trees rather than relying on a commercial monoculture of tree planting is crucial, again a point made by a number of noble Lords. Can the Minister clarify what steps are being taken to ensure that commercial growers abandon single-species forests and focus on developing more native and resilient habitats instead?

I agree with many noble Lords that we need to focus on planting home-grown saplings and—a noble Baroness made this point—that we need to get on with placing those orders now because, if we are to meet the target of the number of trees we are planning to grow, it will take time to ensure that those orders come online.

I agree that we need better labelling of the country of origin, backed up by proper and respected assurance schemes. I am taken by the suggestion that we could do more to hold nurseries to account. A number of noble Lords referred to ordering from respected and respectable nurseries but then finding that the stock that arrived was not fit for purpose.

I have reached this point without raising the most urgent issue—the impact on our biosecurity of leaving the EU. This issue was dealt with in the debate last May on the excellent EU Committee paper on plant and animal biosecurity. We have now ceased to be a member state and the Prime Minister has taken every opportunity to restate his determination for the implementation period to end in December even if agreements have not been struck. However, the tree health resilience strategy has at its heart the need for international collaboration and the sharing of research data. We cannot afford to fight this threat alone.

When we have debated these issues before, the Minister has responded that continued involvement in the key EU agencies remains a goal. It is now crunch time: we are out and the clock is ticking. We need to know what will be in place on 1 January 2021. Can the Minister confirm whether the UK wants to continue fully participating in the EU pest and disease notifications systems beyond the implementation period? For example, will David Frost and his team be requesting access to the European alien species notification list beyond December? What contingency plans will be in place if this is not resolved?

Can the Minister confirm that the UK replacement of the EU TRACES system and that IPAFFS will be fully functioning next January? Can he clarify for how long UK laboratories and research institutes will continue to have their EU-derived funding guaranteed? What is the longer-term planning in relation to UK participation in Horizon Europe and other funding sources? Can he give a guarantee that biosecurity inspectors at the ports and airports will continue to carry out their crucial functions unhindered by the need for a new raft of other inspections of goods being imported?

These are huge challenges but we have these issues within our grasp. I look forward to the Minister’s response and what he has to say.

Fisheries Bill [HL]

Baroness Jones of Whitchurch Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 11th February 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for setting out the purpose of the Bill so clearly, and for organising some helpful briefings with officials beforehand. As many noble Lords have also admitted, I have been—and am still—on a steep learning curve, but we battle on. As my noble friend Lord Grantchester made clear, although the Bill has been a long time coming, we welcome its intent and many of the modifications made since the original version was published. We all want to see a more sustainable fishing regime, with scope for our declining fishing stock to be replenished, and we all want to see a better deal for UK fishers to have access to our own territorial waters. As with many of the Bills we will deal with in the coming months, our divergence from the Government is on the detail rather than the principle, but before I get into the detail I shall make a more general point about consistency.

We will shortly consider the Agriculture Bill and the Environment Bill in quick succession. These three Bills together make up a once-in-a-lifetime opportunity to transform our environmental footprint and clean up our air, water and land to create a green—and blue—renaissance. Delivering on our Paris agreement obligations and our new ambitions for COP 26 will be key, as will robust targets and measurable outcomes. In this respect, it is welcome that tackling climate change has been added to the Bill’s objectives. But we need something more than an aspiration to minimise the adverse impacts of fishing. We need to agree the current carbon footprint of the UK fleet, and we need a statutory commitment to deliver net zero emissions within a defined timescale. It is vital that these three Bills are consistent in their aspirations, targets and timescales. I therefore hope that when the Minister winds up, he will be able to confirm that a process of cross-referencing between the Bills is taking place to ensure that policy priorities do not slip through the cracks or suffer from conflicting narratives between the Bills.

As many noble Lords said, much of the detailed future for UK fishers will be dealt with elsewhere, in trade negotiations, rather than in the detail of the Bill. As the noble Lord, Lord Hannay, said—he has been quoted several times—it is a picture frame without a picture. It is therefore a real concern that our sustainability objective could be traded away for other priorities or subsumed under more pressing economic interests. We will need to address and bottom out that issue as the debate goes on, and we will need to understand quite how much influence we can have, not over the detail of the trade negotiations but over the essential priorities that we have all outlined today. Meanwhile, there are a number of details in the Bill where we would like to see some improvement, some of which I will set out.

First, a number of noble Lords raised concerns about the loose commitment on maximum sustainable yields in the Bill, although that looser wording seems nevertheless to have the support of the fishers’ organisations. However, we know from our experience with the common fisheries policy that warm words without distinct obligations are all too easily circumvented. We would therefore like to see that wording tightened up, although I am rather chastened by the contribution of the noble Lord, Lord Krebs, who said that “maximum sustainable yield” might not be the best terminology in the first place. I am sure we can debate that as we go forward. We agree that there is a case for quotas to be set below maximum sustainable yield to allow a period of stock and marine habitat regeneration, and this coming period would be the ideal time to do this as new fishing opportunities come online. However, at the very least, we would expect to see a binding legal commitment running through the Bill not to fish above scientifically agreed sustainable levels, applicable to all the players responsible for oversight of the fishing allocations. As the noble Baroness, Lady McIntosh, said, we expect to see delivery of real investment and support for our scientists. If ours are to be the most sustainable fisheries in the world, we need the best and most trusted science in the world.

However, as my noble friend Lord Grantchester made clear, our scientific data is of use only if it is backed up by proper enforcement. As we discovered with the rollout of the discard ban and our wonderful debate on the Lords committee report on it, there is far too little real evidence of whether it is working. That is why, along with several noble Lords this evening, we support the use of compulsory surveillance technology on board boats, and an increase in inspection and enforcement vessels. We welcome the Government’s proposal in the Bill for charging those who land over-quota or unauthorised fish, and we think that will help to address this matter. It will also help to address the complexities of mixed fisheries, but we can explore that further in Committee. We will want to explore these things in more detail as the Bill progresses.

Secondly, we would like to see the majority of the new fishing quotas that will come on stream being allocated to the smaller boats and fleets. As several noble Lords said, the current fixed-quota system has not been updated since the 1990s and is outdated and unfair, with quotas increasingly consolidated in the hands of a few rich families. We therefore believe that the smaller fleets should now be given preference, particularly as they tend to use less damaging gear and create significantly more jobs per tonne of fish landed than the larger-scale sector. We are particularly concerned that a tendering process for new fishing opportunities, as envisaged in the Bill, will preclude those small operators unless quota is set aside for them. A number of noble Lords talked about the olden days and how they remember them, and I suspect that most of the great British public, when they thought we were getting our fishing waters back, expected that advantage to be given to smaller fishing fleets rather than the larger, more industrial fishing boats. It is what we want and I think it is what the public would want. We will also want to ensure that where foreign vessels are licensed to fish in our waters, they have to abide by the same safety and surveillance standards as we demand of our domestic vessels.

Thirdly, we expect to see specific measures to help regenerate our struggling coastal communities. My noble friend Lord Bassam’s committee last year produced an excellent report showing that seaside towns are some of the most deprived in the country. They have the highest rates of unemployment and lower wages, and many suffer large outflows of younger workers. They urgently need new and sustainable businesses in their locality to give them hope. I agree with the noble Baroness, Lady Bakewell, that affordable housing has to be in that mix as well. The Bill could provide an impetus for regeneration, providing new jobs in commercial and recreational fishing at sea, and support services on shore. However, it will happen only if the socioeconomic concerns identified in the Bill are turned into something positive. I was rather taken by the point made by the noble Lord, Lord Teverson, that those socioeconomic concerns should perhaps be set out somewhere else in the Bill. We can certainly explore that in more detail. That is why we will propose amendments to require the majority of the catch caught in UK waters to be landed in UK ports. We may have a difference on that, but we can talk about it in more detail. That could provide the crucial sea change that makes our ports and harbours live again and turns around the fortunes of many of those communities.

Finally, as the Minister pointed out, this is a framework Bill, and it leaves many of the questions about the future of the UK fleet unanswered. As such, it will provide little comfort for the fishers, who have to await the outcome of the trade talks still to take place. However, it seems ironic that the Bill seems to describe a process for allocating quotas just as complicated as the much-derided common fisheries policy. Again, I agree that a little more transparency would not go amiss where that is concerned. The Bill also gives the Secretary of State considerable powers to vary the terms of the fisheries management plans and the licence allocations. Therefore, while several noble Lords welcomed the collaboration with the devolved nations which led up to the framework Bill before us, it is also vital that there is a degree of ongoing generosity and diplomacy in ensuring that the particular interests of Wales, Scotland and Northern Ireland continue to be properly reflected. Several noble Lords, including the noble Lord, Lord Dunlop, and the noble Baroness, Lady Ritchie, described the disproportionate impact on fragile, localised communities, so it is not just a case of the four devolved nations; more specific and delicate negotiations will need to take place. The noble and learned Lord, Lord Mackay, described very well the particular dexterity needed to balance those different needs, particularly when they are so disparate. We want to ensure that there is proper consultation and parliamentary scrutiny of the powers given to the Secretary of State. I was very taken by the proposal of the noble Lord, Lord Lansley, that the joint fisheries statement could provide something more proactive in taking negotiations forward. I like the idea that it ought to happen now, rather than later. Maybe we can explore that further.

Finally, we want more information about the proposed transition to these new arrangements, including, for example, on points that noble Lords have raised about the status of existing quotas, which have historically been purchased by foreign vessels. Will they still apply on 1 January next year? I am conscious that I have not done justice to all the points made, but I look forward to working with noble Lords on their many good suggestions as the Bill moves through the House. This is a vital Bill for the future livelihoods of UK fishers and the future health of our marine environment. It is important that we all play our part in getting it right, and I look forward to the debate.

Flood Response

Baroness Jones of Whitchurch Excerpts

Monday 10th February 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for repeating the Statement and I join with him in paying tribute to the emergency services and the Environment Agency for their prompt response to the threat of flooding in so many communities around the country. We echo the thoughts for the family of the man who died and send our condolences.

Yesterday, storm Ciara brought the most severe winds and heavy rain seen by many parts of the country for several years. It is heartbreaking to see local communities which endured so much in previous floods having to relive the experience. As the noble Lord said, a number of communities in the north of England were hit again, including Appleby, Bury and the Calder Valley, and there were further incidents in Scotland and Wales as well. There will be more frequent occurrences as we battle the extreme weather incidents that arise from the climate emergency. Once again, this is a huge wake-up call to the Government to act more quickly and decisively to stop global warming and the havoc caused by warmer, wetter winters and warmer, dryer summers, both of which increase the likelihood of intense rainfall events and flooding.

This is why we are critical of the Government’s net zero emissions target of 2050, when urgent action is needed now, not in the future. According to the Committee on Climate Change, there are 1.8 million homes at significant flood risk in England, and the number will rise unless we hit net zero in the next 10 years. Can the Minister confirm that the UK plan to be put before COP 26 in Glasgow will be more ambitious than the current plan and have more ambitious timelines? Does he accept that, as well as being more proactive on halting rising temperatures, the Government should also be more proactive on the practical mitigation of flood risk?

Sadly, action to prevent flooding has been hit by years of Conservative cuts to the Environment Agency, emergency services and local authorities, which all play a significant role in managing and responding to flood risk. The Minister will know that only last year the Environment Agency said it needed an extra £1 billion a year to provide an effective response to flood risk. Can he clarify whether that money has now been made available? Can he explain what extra funding is being provided—in addition to funding for specific flood barriers, which is very welcome—to emergency services on the ground? Can he explain why the money provided to South Yorkshire after the floods last November was made on the basis of match funding? Is there not a danger that that will penalise poorer communities even more? Will he clarify whether the same principle is going to be applied to any assistance provided after these storms?

This is about more than erecting higher barriers. As people said on the news last night, water will always find a way around those barriers. There is a great deal more that can be done through habitat restoration and better use of flood plains. Does the Minister accept that there is a need for a more comprehensive rethink of land use combined with a comprehensive plan for flooding that crosses communities and authorities? Where do environmental land management schemes fit with this? What are the Government’s plans for the co-ordination of schemes if they will be the basis of flood relief in future?

We welcomed the Flood Re scheme introduced in 2016 to provide flood insurance for those in high-risk areas, but there are still many businesses that cannot get insurance. This was again highlighted on the news last night. If we cannot help those businesses out, they will be forced to close and that will create ghost towns where there were once thriving communities. Can the Minister clarify what support is being given to small businesses to ensure that they continue to be economic and to keep their neighbourhoods alive? I hope when the Minister replies he will be able to assure this House that, for once, the Government have a comprehensive response to the rising tide of floods together with an urgent action plan to turn the tide of global warming that lies at the heart of the problem.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for repeating the Statement and draw the attention of the House to my interests as set out in the register, which include being a councillor in Kirklees in West Yorkshire.

Yesterday I spent several hours visiting flood-affected neighbourhoods in my town. Businesses, which are often located on the flatter land that is close to watercourses, found torrents of water rushing through their premises. Anxious residents were out in the appalling weather watching the levels rise, fearful that flooded cellars would lead to something even worse. In the face of the overwhelming nature of what happened, local emergency services were able to help only the very worst affected, and I thank them and all those in the local authorities, the Environment Agency and the energy supply companies who sought to keep people safe.

The towns affected by flooding yesterday were also the ones that were hit hard previously. Flooding does long-term damage to homes and businesses that can be very difficult to overcome. The immediate concern is the cost of the clear-up and the damage to homes and businesses. As the Minister said, the Government have activated the Bellwin scheme, which enables local authorities to claim some of the costs of the flooding. However, the scheme’s criteria state that a local authority has to fund the first 0.2% of its revenue budget before qualifying. No doubt that appeared generous when the scheme was drawn up before the 40% cuts to local government funding were imposed. Now with council budgets so squeezed, it is not approaching anywhere near generous. It puts enormous pressure on local authorities. On top of that, the same councils have had to fund clear-up costs from earlier flooding events, which, when they occur year-on-year, as they do, take a toll on council reserves set aside for such risks. Will the Government consider changes to the criteria to take these factors into account so that local authorities can have a more generous Bellwin scheme for areas that are affected time and again?

Obviously, insurance costs for residents and businesses often become prohibitive, especially for residents who already struggle to fund such costs. In my area, lower-value homes are often those most likely to flood; their owners or tenants are also the ones who struggle to pay for insurance costs. Can the Minister provide any comfort to such people and offer a more generous contribution towards these insurance costs?

One factor that constantly rises to the surface following flooding is that of drainage. One difficulty is that several different organisations are responsible for effective water drainage: the local authority, riparian owners, the water company and the Environment Agency. Can the Minister tell us whether the Government are thinking about how drainage systems can be better co-ordinated so that management and responsibility become more transparent?

Finally, there is the question of the consequences of ill-thought-through development. The Government are keen to accelerate planning application decisions and even, perhaps, to remove some of the detailed responsibilities of local planning authorities. This approach could well result in worsening the flood risk for a neighbourhood, with all the long-term consequences that follow. Will the Minister, through national planning guidance, consider putting a requirement on planning authorities to fully consider flooding risk, its mitigations and the responsibility of developers to fully fund such mitigations? Further mitigations could be made, for example, via the requirement of developers to restrict hard, impermeable surfaces and to set aside sufficient land for tree planting.

Of course, there is much more that can and should be done, such as, in my area, restoring the capacity of the peat uplands—something that in Yorkshire the water company is already beginning to do. I appreciate that I have asked a number of questions which may be outside the scope of the Minister’s portfolio. If that is the case, will he undertake to provide a written response?

Direct Payments to Farmers (Legislative Continuity) Bill

Baroness Jones of Whitchurch Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard): House of Lords & 2nd reading (Hansard) & 3rd reading (Hansard) & Committee negatived (Hansard)
Wednesday 29th January 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for setting out the purpose of the Bill so clearly today and for arranging a helpful briefing with officials beforehand. As he said, the Bill has a simple intent, which is to continue the direct payments to farmers scheme for a further year until 2021 to ensure continuity of payments. As this is a money Bill and will provide important guarantees of funding to farmers, we will not oppose it today.

However, I want to comment on how we have ended up here today. This Bill should never have been necessary—a point made by the noble Baronesses, Lady McIntosh and Lady Bennett, among others— because the Government have had more than enough time to prepare for the transition from CAP payments. It is nearly four years since the Brexit referendum, when so many promises were made to farmers about the sunny uplands, post CAP, and it is 14 months since the Government halted consideration of the previous version of the Agriculture Bill, which began to set out the details of a post-CAP regime and which we are having to revisit again today.

Since then, farmers have been left in limbo, uncertain about their entitlement to payments in the short term and desperate for a clear understanding of the payments regime that will apply from 2021. It goes without saying that commitments on the application of funds for individual farmers are crucial for their long-term planning and investment, so it is unsurprising that they are frustrated with and angry about the delays; a number of noble Lords, including the noble Earl, Lord Devon, and the noble Baroness, Lady Bennett, have reflected that frustration this afternoon. It has resulted in a degree of paralysis, which is unhealthy in a sector that thrives on innovation and introducing new farming applications.

By any measure, Defra has not handled this well. This was confirmed in a National Audit Office report last year, which criticised the department’s handling of the replacement of CAP as lacking proper planning, lacking support for farmers to prepare for the change and lacking a proper analysis of the impact of the change on the overall economy. Again, these issues have echoed around the Chamber this afternoon. For example, the noble Earl, Lord Caithness, asked—quite rightly—whether farmers have been properly advised about what is going on, whether they understand the detailed discussion we are having here and whether they understand the legislative process that will follow from that, since they may think that they are dealing with more important issues on a day-to-day basis.

Although we accept that the need for this Bill is now inevitable, we certainly do not accept that it is ideal. It is of course welcome that the Government have agreed to maintain the total pot of £3.2 billion during the transition to 2025. However, questions arise. I was interested in the questions asked by the noble Lord, Lord Teverson: what will happen if all the money is not spent year on year? Will it go back to the Treasury? What is the implication of that? Can the Minister clarify whether that commitment to £3.2 billion, however it is worded, is inflation-proofed? Can he reassure farmers as to what payment pot is envisaged from the end of the five-year Parliament in 2025 to the end of the seven-year transition, because there is a payment gap for the last couple of years? How will that be calculated? Can he also clarify whether the Bill has any impact on the Pillar 2 payments, which are not part of the CAP basic farm payments scheme? Again, a number of noble Lords raised this issue. Will those payments be claimed separately in the usual way until 1 January next year? Can he reassure noble Lords who have struggled with the Rural Payments Agency that the current payments will be made in a timely manner?

In terms of the wording of the Bill, we have another specific concern. As it stands, the Bill allows for the extension of the basic farm payment scheme for one year only, as the Bill includes a sunset clause. So we may be legislating for a new cliff edge on 1 January 2021, after only another 12 months of certainty for farmers, before the new Agriculture Bill is due to come into effect. What certainty can the Minister give that we are not just going to move from one regime to another and that there will be a smooth and proper handover for these two pieces of legislation?

I would say that we are all enthused about the opportunities that the new Agriculture Bill offers in shaping the payments scheme based on public money for public goods, and I agree with the noble Lord, Lord Teverson, that we probably have something to thank Michael Gove for about that. He certainly raised the game on how we might face the challenges ahead. I also agree with my noble friend Lady Young that this is one of the real opportunities post Brexit which we should grasp with both hands. The new Agriculture Bill places a welcome new emphasis on improving the environment, adapting to climate change and protecting the welfare of livestock, but the Minister will know that passing the Bill is only the first step towards a new regime. It is in effect an enabling Bill. The detail is yet to be set out in regulations which will need to be drafted and approved before farmers can be sure about what the payments system will mean for them, so with the best will in the world, as we stand here now in January 2020, it is hard to see that all that work will be completed before the end of this year, particularly if farmers and stakeholders are to be properly consulted along the way. There is also the added frustration that the regulations that we are promised but have not seen will come in the form of secondary legislation which we will be unable to amend. Given that, I agree strongly with my noble friend Lady Young that consultation on these SIs in advance of them being laid would be extremely helpful. I would be grateful if the Minister could explain whether that is being considered.

At the same time, it is unclear how the outcome of the pilot environmental land management schemes, which of course should provide the basis for future payments, can be properly rolled out and evaluated in time to determine the rules for the next seven years, a point that has also been made by the noble Baroness, Lady McIntosh. Again, we would feel more reassured if the Minister could clarify that because, for the pilots to have any merit, they need to roll on for a considerable period of time. How is that going to influence the starting point of the schemes?

All this is intensely frustrating. We support the principle of public money for public goods, with all the environmental advantages that that implies, and we want to move on to the new regime as quickly as possible. However, we want to ensure that the new scheme is robust, properly monitored and measured, and transformative. We need to be somewhat persuaded that the transitional payments as envisaged in the Agriculture Bill will be ready for implementation on 1 January next year. If that is the case, why is the Bill before us today restricted to one-year payments when it could have retained more flexibility? Can the Minister also explain why the Agriculture Bill itself seems to give the Secretary of State the flexibility to extend the basic payments scheme for future years rather than including that option in this Bill?

Finally, the Bill does include some good news. All noble Lords have expressed their gratitude to the noble Lord, Lord Bew, for his report into the allocation of farm support across the UK. He has recommended that a greater share of the direct payments should be allocated to Wales and Scotland, and he is right to note that Labour definitely supports that proposal. I pay tribute to him for his detailed work and the great acts of diplomacy that he has had to carry out in brokering a deal—congratulations on doing that.

We are pleased that the Government are implementing the recommendation of topping up these payments while the allocations to England and Northern Ireland are maintained, but can the Minister clarify how that recommendation will apply in future years? Can he confirm that this will not just be a two-year top-up, but will be a principle that is carried forward into the new payments scheme? Further, as the noble Baroness, Lady Byford, asked, will it be ring-fenced in the future? Again, that is another challenge. I look forward to his response on these issues.

While I am on my feet, I thank the Minister and officials for the careful and considerate way in which this Bill has been stewarded through this House. I am sure it sets a good precedent for the much greater challenges ahead when we come to debate the Agriculture Bill.

Agriculture Bill: Food Production

Baroness Jones of Whitchurch Excerpts

Monday 27th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, Clause 17 provides a duty to report to Parliament on food security. This country clearly has a high degree of food security and we rely on a supply of healthy and homegrown produce. The whole point of the Agriculture Bill is to ensure that we have efficient farming, good-quality produce and an improved environment—those things go hand in hand.

[Baroness Jones of Whitchurch (Lab)]

My Lords, this matters because “public goods” in the Agriculture Bill refers to the activities that will receive government funding or financial assistance. Despite the noble Lord’s warm words, where does the production of healthy, local food fit into the Government’s financial assistance priorities? The detail of that is in a completely different part of the Bill from the one that lists what will get financial assistance. This is obviously an important distinction.

[Lord Gardiner of Kimble]

My Lords, without being pedantic, Clause 1 is about the Secretary of State’s powers to give financial assistance. It sets out 10 items of public good for which there is public money because there is not a market. However, as I said, Clause 1(4) refers to food production. Other elements of the Bill involve innovation, agritech and R&D, all of which will increase productivity and help farmers to produce food. The first section is about rewarding farmers for things they are already doing, and which we want them to do even more, but for which there is no market as such.