Baroness Worthington debates involving the Department for Environment, Food and Rural Affairs during the 2019 Parliament

Mon 2nd Mar 2020
Fisheries Bill [HL]
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage & Committee: 1st sitting (Hansard)
Mon 2nd Mar 2020
Fisheries Bill [HL]
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard continued) & Committee: 1st sitting (Hansard - continued) & Committee: 1st sitting (Hansard - continued): House of Lords & Committee: 1st sitting (Hansard - continued)
Tue 11th Feb 2020
Fisheries Bill [HL]
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading

Fisheries Bill [HL]

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

(4 years, 2 months ago)

Lords Chamber
Read Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-II Second marshalled list for Committee - (2 Mar 2020)
Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I added my name to this amendment, and fully support the contribution made by my noble friend Lord Teverson. There are a number of amendments to the Bill which refer to the fact that fish are not static. They move with the seas, towards their spawning grounds, and according to the temperature of the water and other conditions. The fish are not owned by any individual person, organisation or fishing fleet. They know nothing of quotas or public authorities. It is therefore right that marine stocks should belong to the nation as a whole.

As has been referred to, no doubt the Scottish Fishermen’s Federation and the Scottish Government might have a different view, being very keen on fish being a devolved matter. I do not subscribe to that view. As the amendment makes very clear, we believe that marine stocks within the UK exclusive economic zone are a national resource, whether they are swimming around Scotland, Ireland, Wales, the coast of Northumberland or Cornwall. This should be declared on the face of the Bill. My colleague has laid out the arguments cogently, and I look forward to the Minister’s response.

Baroness Worthington Portrait Baroness Worthington (CB)
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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 Portrait Baroness Jones of Whitchurch (Lab)
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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.

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Lord Teverson Portrait Lord Teverson
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My Lords, as the Minister said, we have here a list of objectives of great importance. I would not disagree with most, but one or two I have an issue with. There is always a danger in having too many objectives: which is the important one that guides regulatory authorities and which guides legislators in drafting subsequent secondary legislation? That is difficult, because it is almost impossible to meet all objectives at the same time. This amendment, and the others in my name—Amendments 6, 10 and 27—are based on my belief that sustainability is the most important objective. I take “sustainability” as here meaning the aquatic biosphere and the health of our fish stocks.

I do not accuse the Government of putting it this way, but the Bill reads to me as having a muddled sustainability objective, because it is prejudiced by the addition of what is almost a socioeconomic objective. A socioeconomic objective is very valid. In fact, one of my amendments in this group states that there should be a socioeconomic objective. The sustainability objective should, however, relate to the marine ecology, fish stocks and the wider marine inhabitants. I therefore suggest that we leave out subsection (2)(b), which states

“the fishing capacity of fleets is such that fleets are economically viable but do not overexploit marine stocks.”

That is a socioeconomic objective and should go under that heading. The sustainability objective has to be the lead objective. There are various ways of sorting out the socioeconomic objectives, including financially, and that is how we should do it.

We need clarity; we need the sustainability objective to be the prime objective, and we need it to be well policed. That is why my Amendment 27 would bring in the office for environmental protection. I would be interested to hear what the Minister says. He may tell me that this is unnecessary, and I could well be persuaded that it is, but it is vital that that office, once founded and operational, has full oversight of the fisheries industry and the protection of our marine environment. I beg to move.

Baroness Worthington Portrait Baroness Worthington
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My Lords, Amendment 7 is in my name. I support many of the comments made by the noble Lord, Lord Teverson. My amendment would change Clause 1(2)(b) simply to state

“the fishing effort does not overexploit marine stocks.”

The Bill states

“the fishing capacity of fleets is such that fleets are economically viable but do not overexploit marine stocks.”

The purpose behind trying to simplify the provision is to make it clear that we cannot have a sustainable long-term fishing effort if we overexploit stocks. That should not need to be said, but we have seen routine overexploitation of stocks as a consequence of how the common fisheries policy is interpreted, with member states then allocating quota to private fishing enterprises.

To state first that fleets should be economically viable and then to qualify it by saying that they should not overexploit marine stocks gives entirely the wrong impression. It implies that we are to continue with the belief, commonly held in Europe, that fishing rights and the economic viability of the fishing industry are the first and foremost concerns. That speaks to short-term political considerations because these are entities that employ people and pay taxes. My amendment tries to correct for that short-termism endemic to political thinking by stating that it is the sustainability of the stock that we should regulate for, not the commercial viability of the entities that exploit it. The latter is entirely what has been wrong with the common fisheries policy since we have been in it. There is an assumption that the exploiters’ rights should come first, with the environment an afterthought. We must turn that around. It is short-termism not just politically but in the context of the changing climate. Nothing from now on is business as usual; everything is shifting. We must put the resilience of our marine resources at the heart of everything we legislate on and at the heart of everything we do today in considering the Bill.

My amendment would simply take away the qualifier; there is no need to qualify this. It is simply logical that we legislate so that we do not overexploit fishing stocks. That is the only purpose of this legislation. Therefore, it must be stated unequivocally in the Bill.

Lord Randall of Uxbridge Portrait Lord Randall of Uxbridge (Con)
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My Lords, I support the amendment in the name of the noble Baroness, Lady Worthington. I regret that we have to say it, but it is important to point out that there will be no socioeconomic benefits if there are no fish left. The cod fishermen of Newfoundland would understand this clearly. Apart from that, the noble Baroness said exactly what I needed to say.

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While understanding what noble Lords across the House have said, I am not in a position to support amendments which seek to unpick a very intricate seeking of the right balance. For now, I hope the noble Lord will feel able to withdraw his amendment.
Baroness Worthington Portrait Baroness Worthington
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Before the Minister sits down, may I enquire in good faith whether we are saying that we have taken back control from Brussels, only to cede it to Scotland? It would be a waste of time if every answer is “We cannot do anything, because we have had a really delicate discussion with our devolved Administrations”.

We are still the UK Parliament; this is an important issue that has been repatriated to us first, and then we will repatriate it through devolution. Should we need to change the devolution arrangements, we will. Perhaps I am speaking out of turn, but surely we are not taking back control from Brussels only to give it to Holyrood.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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We have had very successful and collaborative discussions and arrangements with all the devolved Administrations. They have taken this matter very seriously, and we are legislating on behalf of the devolved Administrations as well. I do not think many noble Lords are seeking to change the devolution arrangements through the Fisheries Bill. That would be unwise and not sensible.

We are seeking to have sustainability at the heart of the Bill, but sustainability—as the UN describes it—is not just environmental; it is a balance. Clearly, we want fisheries stocks which enable communities to prosper. That is the whole thrust of this, and why it is a package. I say to the noble Baroness: I do not see it in those terms. We are collaboratively working with our friends and partners across the United Kingdom, on something which requires balance. Sustainability is at the heart of the Bill, and that is why I have made the remarks I have.

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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During this Committee, I think we will probably go on to talk about some of the further arrangements for financial assistance. Clearly, the Government see this as a vital interest, a source of food and an opportunity for the whole of the coastal community. I agree with the thrust of what I think my noble friend Lord Caithness is saying: this is an area contained in the Bill. As has been mentioned, there will be a need for a replacement of the European funding, which we will discuss again. I am sure there will be ways in which financial assistance to support coastal communities will be considered and will come forward.

Baroness Worthington Portrait Baroness Worthington
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My Lords, I believe the noble Earl, Lord Caithness, was going beyond grant funding and referring to the allocation of fishing rights. That confers a financial benefit to the recipient of those rights, so it is much broader than just grants.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara
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I would like one more chance to narrow down the point on which we were exchanging before the other two very good contributions came in.

The noble Lord has a reputation in this House for being very easy to talk to and very willing to engage in debate. I am slightly trading on that because, in my experience, on any Bill there is a worry that the Minister will get it drummed into him by those sitting in the Box that he must never concede anything. Sometimes, however, we can be in quite a difficult mode, when good points are made but the willingness to concede is not there from the Minister concerned. I know that the noble Lord is not like that. It may not happen on the point that we have been discussing, although it is a very good one from the noble Baroness, Lady Worthington, but issues will come up in future amendments to do with the workforce health and safety, on which the Committee may feel that a change in wording is possible. Will he just confirm, for the sake of allowing us to go forward, that he is not against the possibility of that happening and that, if it were the case, he would undertake the necessary consultations that might be required to bring the devolved Assemblies, and others who signed up to the previous version of the Bill, up to the new standard that will be set by this House?

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Moved by
4: Clause 1, page 1, line 11, at end insert—
“( ) the marine planning objective.”
Baroness Worthington Portrait Baroness Worthington
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My Lords, in moving Amendment 4 in my name I shall speak also to Amendment 25, which is grouped with it. I also seek permission to speak to Amendments 47 and 56, which will come up later in Committee but are related to this point, so I hope I can speak to all four in this speech.

The purpose of Amendment 4 is to add a new fisheries objective to the Bill stating that there is a “marine planning objective” in relation to fisheries management. The reason is that there is a real need to integrate fisheries into our wider marine planning processes. The phrase “fisheries exceptionalism” has been used. In essence, what is being got at there is that the way we plan for our use of the marine environment for fisheries is very separate from our wider spatial planning that we use for other activities that occur in the marine environment. Sometimes we forget that, although fishing is a hugely important part of our marine environment, it is certainly not the only economically productive activity that occurs within our seas. It is important that we integrate fisheries into marine planning and that marine planning integrates fisheries into its processes.

Therefore, there is a very clear objective missing from the Bill, which is to accomplish that wider integration in public policy. Many users of the marine environment interact with fisheries, not least the growing and highly profitable energy sector. We are shifting towards greater use of our marine environment for the production of sustainable energy. That has an interesting intersection with fisheries: the offshore wind farms that we are putting into the marine environment can act as no-take zones for vessels over a certain size, and as hatcheries and protected areas that allow fish stocks to return to an area that would otherwise be decimated through overexploitation by large vessels with large gear. There is a real benefit to be gained from integrating fisheries with our spatial planning.

It is not just about reducing fishing effort, although another key part of planning—now in UK law—is the protection of areas of high biodiversity interest or sites of scientific interest in the marine environment. We have a marine planning process that designates marine planning areas, some of which are working well while others need to be better thought-through and planned. It would be much more effective if, when setting these new fishing policies, we think of them as an integral part of our marine planning for conservation.

There are other uses of the marine environment that require planning, including dredging the shipping channels. It is an environment that requires careful management and balance—I agree with that—but not to mention the existing marine plans that are required to be made, and not to integrate them with the fishing objectives, feels like a missed opportunity. I tabled this amendment in the hope that we can have a wider debate about spatial planning and how it relates to fisheries management. It is not a negative proposal: it could bring greater benefits as we think about how we manage our seas. I look forward to the Minister’s response, and I hope that we have a good debate. I beg to move.

Lord Teverson Portrait Lord Teverson
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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.

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, I am most grateful to the noble Baroness, Lady Worthington, for her amendments. Together, they would require policies made to achieve the fisheries objectives to be consistent with the objectives and policies in relevant marine plans.

I want to take this opportunity to make it clear that the UK Government recognise the importance of marine plans, which enable the increasing and, at times, competing demands for use of the marine area to be balanced and managed in an integrated way—a way that protects the marine environment while supporting sustainable development. Using our marine resources effectively and sustainably has the potential to provide significant benefits for the UK economy and for coastal communities. The economic contribution of marine-related industries to the UK’s GDP in 2015 was estimated at £27 billion, with scope for further growth.

In England, the East Inshore and East Offshore Marine Plans were published in April 2014 and the South Inshore and South Offshore Marine Plan was published in July 2018. The remaining marine plans for England are out for consultation by the Marine Management Organisation and will be in place by 31 March 2021, delivering the Government’s commitment in the 25-year environment plan.

Marine plans support economic growth in a way that benefits society while respecting the needs of local communities and protecting the marine environment. That is why I understand the importance of the points that the noble Baroness has raised. We believe that what her amendment requires is already provided for. As was referred to by the noble Baroness, Lady Jones of Whitchurch, Section 58 of the Marine and Coastal Access Act 2009 requires public authorities to have regard to

“the appropriate marine policy documents”—

which could be a marine policy statement or a marine plan—when taking decisions affecting the marine environment. The amendments would therefore duplicate this requirement. I am advised that the requirement is already sufficient to meet what I know are the noble Baroness’s positive intentions.

With that explanation and the assurance that I have been advised that Section 58 covers this point and that the amendment would merely duplicate what is already a legal requirement, I hope that she will feel able to withdraw her amendment.

Baroness Worthington Portrait Baroness Worthington
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I thank the Minister for his response and explanation. Perhaps there will be an opportunity to discuss this further after Committee, as I am minded to withdraw the amendment. Even if that piece of legislation predates the Bill and states that the planners must take into account certain factors, the amendment creates an objective relating to marine planning, ensuring that the fisheries plans drawn up under the Bill take into account the marine planning aspects. As the noble Baroness, Lady Jones of Whitchurch, said, it is to make sure that the Bill is fully up to date with our marine planning requirements, not the other way around. However, on the basis that we can discuss this further, I beg leave to withdraw.

Amendment 4 withdrawn.

Fisheries Bill [HL]

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

(4 years, 2 months ago)

Lords Chamber
Read Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-II Second marshalled list for Committee - (2 Mar 2020)
Moved by
18: Clause 1, page 2, line 29, leave out subsection (8) and insert—
“(8) The “national benefit objective” is that the public exploitation of the fishery for commercial, recreational and environmental purposes brings benefit to the United Kingdom or any part of the United Kingdom.”
Baroness Worthington Portrait Baroness Worthington (CB)
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I must confess to feeling that perhaps I am not the best person to lead off this segment of the debate, because my amendment seeks to change subsection (8) of the clause but the group as a whole will take into account a wider range of issues relating to the definition of “national benefit”. I look forward to hearing the many views that will be expressed around the amendments in this group.

My amendment simply seeks to make the point—I fear this is a return to the discussion at the start of the debate—of what it is that we are doing in the handing out of a fishing quota, which is held in public trust, for private benefit. I therefore seek to amend the description of the national benefit objective as set out in the Bill from a fairly narrow definition that

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

and suggest that it should be reworded that the national benefit objective is that

“the public exploitation of the fishery for commercial, recreational and environmental purposes brings benefit to the United Kingdom”.

So the amendment seeks to make it clear in the Bill that it is more than simply the fishing activity for which we are granting quotas that constitutes a national benefit.

I know that noble Lords will speak to other amendments around the principle of the UK benefiting from the granting of quotas, but my amendment seeks to probe why it is that we are defining national benefits so narrowly and restricting it to fishing activities and fishing boats. The phrase seems a little odd, given that, as we have discussed, the founding principle of the Bill is that we have a national asset in our fishing resource that is held in trust for the public and granted out to fishing activity. I feel that the national benefit has been too narrowly drawn and too narrowly attached to fishing activities and fishing boats.

That is the purpose of the amendment. As I say, the rest of the amendments in the group seek to consider and assess different aspects of the national benefit—but I beg to move my amendment.

Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern (Con)
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My Lords, my Amendment 19 is trying to deal with the same matter, but it attempts to use the activities of fishing fleets to bring

“social, economic and employment benefits to the United Kingdom or any part”.

In other words, it is intended that the activities of fishing boats should not merely benefit the fisheries, but also the rest of the United Kingdom, and in particular produce social, economic and employment benefits. One can see that this is a bit wider than the proposal of the noble Baroness, Lady Worthington, but it is just a question of what precisely this “national benefit objective” is aiming at.

I think it does not aim at benefiting the fishing industry itself, but at benefiting others through the activities of the fishing industry. Paragraph (b) of my proposed new subsection, which contains a reference to fish and aqua- culture activities, manages to achieve the same sort of thing. In other words, in both cases the activities of the boats and the management of the fleets are supposed to bring these general social, economic and employment benefits to the United Kingdom and parts of it.

The issues in this amendment were brought to my attention by the national authority, or corporation, of the fishing fleets of England, Wales and Northern Ireland. The Scottish people are somewhat separately represented, and it is not altogether surprising that their attitude is that the Bill is pretty good and perhaps the best thing to do is to leave it alone. It may be that they have ideas about the present situation, and the way in which the Bill is constructed is, from their point of view, very acceptable.

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Baroness Worthington Portrait Baroness Worthington
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My Lords, I am grateful for the Minister’s response to this group of amendments. I will read Hansard in detail. Touching on the point of the noble Lord, Lord Teverson, it struck me as odd that we still seem to be referring to the current system under the CFP as some sort of gold standard we should seek to continue. I think most people would agree it is the exact opposite of what we are trying to achieve.

This concept of an economic link being proofed by the charitable donation of quota back to a deserving cause seems out of kilter with what we are trying to achieve. We should not give the vast majority of quota to a small number of players and then rely on their beneficence to give it back to those located in coastal communities who are actually fishing in our waters, employing people, feeding local markets and producing sustainable food. Something is a bit awry in the way that this opportunity is being interpreted by our Government. We will probably come back to probe this further as we go through the Bill, particularly on the quota allocation clauses, but I am grateful for the response—it will tee up an interesting debate later.

On whether recreational fishing could in any way contribute to the national benefit, it is a bit dismissive to state that only commercial fishing and fish stocks have any contribution to make to the benefit of the nation. It is clear that, if we are a destination for a large number of recreational fishers, that will be of national benefit. If we can sustain a really rich and biodiverse marine environment, that will enable us to encourage any manner of recreational activities—not just fishing but whale watching, porpoise watching and birdwatching are inherently linked to the sustainability of our fish stocks. Without fish in the seas, we do not have birds.

There are lots of reasons why good management of our marine environment produces a national benefit, so I agree with the noble Baroness, Lady Jones, that this is a really odd phrase and that the narrow definition of “national benefit” needs revisiting as we go through the Bill. However, at this stage I am happy to withdraw this amendment.

Amendment 18 withdrawn.
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Lord Grantchester Portrait Lord Grantchester
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My Lords, in moving Amendment 22, I will speak also to Amendment 23. These amendments are tabled with slightly different intentions in mind, so while they may be grouped together, they address slightly different aspects of climate change. The addition of the climate change objective is very much to be welcomed, and must be fundamental to all policy developments, perhaps second only to the sustainability objective, as debated earlier tonight.

Amendment 22 would strengthen the climate change objective by requiring two sets of actions: one on land to improve the green credentials of ports and the other at sea to help the fisheries fleet decarbonise. Both are important and must reflect together the environmental sustainability practices on landed catches while making the industry undertake precise measures on decarbonisation. Either step or both would have a positive impact on the country’s net zero aspirations. The amendment was tabled to probe how action the Government propose to take will be specified and measured, including what support they will provide in the future to allow the industry to improve its environmental footprint. The Bill allows financial assistance to be provided for a variety of purposes, including many linked with the overarching fisheries objectives. Can it, therefore, be safely assumed that such support would be made available to fishers who wish to fit cleaner engines, and perhaps to ports and processing plants that want to upgrade equipment to run on low-carbon technologies?

Amendment 23 deals directly with achieving net zero in the industry. I was disappointed to see no link between this framework legislation and the legally binding targets for the UK to achieve net zero by 2050. Amendment 25, in the name of the noble Baroness, Lady Worthington, seeks to achieve a link and we support such a consultation. However, we propose that the Government are not taking action quite as seriously as we would like and need to proceed faster, with more urgency.

We have been told time and again, and will no doubt be reminded in the Minister’s response, that the UK is a world leader in the race to decarbonise, with this Government being the first to adopt a binding target to achieve net zero by 2050. However, I hope the Minister accepts and can forgive that, across your Lordships’ House, many are sceptical of the Government’s claims. Reference need be made to the court’s ruling only last week on Heathrow expansion to see that, just because an environmental target has been adopted, it does not necessarily filter through to everyday decision-making in Whitehall. There remains a gulf between stated ambition and reality. The UK, working alongside others, needs to do more to tackle the climate crisis before it is too late.

As part of that, industries such as fisheries should be encouraged to be ambitious by working to an accelerated timescale. Although it would require significant effort, we believe this could be achieved. If the Minister rejects the premise of achieving net zero in fisheries by 2030, or if he believes that decarbonisation is better dealt with in the upcoming Environment Bill, he at least needs to indicate what progress he would like to see made in the next decade.

With this in mind, what will our fishing fleet look like after nearly 10 years of the UK operating outside the CFP? What is the size of the Government’s ambitions? What gear will our fishers be using? How will the way that their catch is processed and transported be different from today? When will emissions targets be made binding on international shipping? These are but a few of the questions to which we need answers, and we ideally need them before either this or the Environment Bill reach the statute book. To include ambition in the Bill, the House must be assured that it will be key feature in the drawing up of fisheries statements and management policies. There is a climate emergency now and every sector should play its part in addressing it. I beg to move.

Baroness Worthington Portrait Baroness Worthington
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My Lords, I shall speak to Amendment 125 in my name, also in this group. I also lend my support to the two amendments spoken to by the noble Lord, Lord Grantchester. This is very welcome. I start by being positive about the climate change objective being added to the list of 12—or however many we have now. It is good to see it there. As I stated earlier, there really is no business as usual anymore. Climate change impacts are upon us and we are living through an age of consequences. This will permeate all the discussions around fishing policy that we bring on the back of the Bill. Fishing quotas will change, the availability of fish stocks will change and the resilience of the natural environment will be increasingly affected and diminished, so it is incredibly important that we take this seriously.

The amendment moved by the noble Lord, Lord Grantchester, rightly goes to the heart of the definition here. It seems a little lacking in ambition and specificity, as stated in the Bill, which refers to

“the adverse effects of fishing and aquaculture minimised”.

What does “minimised” mean when, really, they should be eliminated? In fact, any economic activity now taking place specifically within the natural environment should not just seek to have zero emissions, it should be seeking to be a positive sink. We will have to use policies and the framework for managing the natural world to ensure that we are not just reducing our outputs, but seeking to enhance the ability of the natural world to absorb carbon dioxide.

That has to be an aim because we have left it so late. We are about 20 years behind where we should be in reducing emissions on a global level, so the challenge now will be that of eliminating emissions in a decade. Thereafter it will be about soaking out the greenhouse gases that have been emitted. The oceans and the marine environment are a huge component of that, so we should be ambitious. I think that the bare minimum should be to achieve net zero, not simply minimising adverse effects and adapting to climate change.

My third point is about accepting that we may have to implement the precautionary principle, which states that for the period we are in, where there is so much uncertainty, we will be allocating below scientifically determined maximum sustainable yields because of the risk of climate change that overlays everything. We might have to get used to allocating quota on a very precautionary basis because we are entering uncharted waters, if I may be excused the pun.

I turn to my Amendment 125. Amendments that seek consultation always feel a bit redundant in primary legislation, but my point is that, under the powers granted under the Climate Change Act 2008, we have the ability to introduce a policy. Before any activity that causes a net contribution to greenhouse gases, we can simply consult and then use secondary legislation to introduce that policy. If the Government were minded to get going on achieving the net zero target, simply asking for public consultation would be the trigger to introducing secondary legislation to bring in very targeted, market-based policies to encourage investment in low-carbon activities. The Government now have the opportunity to consult on how we can best make this sector carbon neutral and use the powers that already exist to bring in those policies; hence the quest for a public consultation.

It is worth stating that, at the moment, the fishing industry has an effect on climate change in a number of ways. It is not just about how vessels are propelled or the energy choices made by processing plants, it is also about how the degradation of the natural environment can release greenhouse gases. Trawling activities, for example, can disturb the sediment at the bottom of the ocean, which releases otherwise stored carbon. There are plenty of examples and reasons why one would want the sector to take this issue seriously.

This is an opportunity to do something really positive. We must think about the provision of licences to cover the activities that take place in this environment with a positive vision that will create jobs and allow activities to be carried out in the natural world that will help us as we seek to combat climate change. There is no reason why fisheries cannot be part of that process. There are particular types of fish stocks and particular ways of fishing that can lock carbon up while low-impact aquaculture can make a net-positive contribution to our carbon budgets. I hope this is not seen as an imposition; rather, it should be seen as an opportunity.

Again, to finish on a positive note, seeing this objective included is very welcome. I happen to be in the camp of thinking that sustainability is the primary objective, so this climate objective is integral to that. However, we need to see a little more action and commitment to some of the specifics of what making this a primary objective would really mean for how we manage our fisheries. I am glad to have had the opportunity to discuss these amendments.

Lord Teverson Portrait Lord Teverson
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I put my name on the amendment and am pleased to welcome it. One message from the climate change committee was that we cannot do decarbonisation and net zero sequentially; we have to do it all at the one time. That must include this industry.

My only word of caution is that fish oil is used as an energy source on some occasions, and could be described as renewable. It is used as biodiesel, like fishmeal. That should be excluded completely. We do not do that in this country, but I have a feeling the Danes have occasionally done it before.

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Lord Grantchester Portrait Lord Grantchester
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My Lords, I am grateful to the Minister for that reply, and I take it entirely in the spirit in which he makes it. We are all committed to this objective, and we all work as fast as we may. We will study the Bill’s words very carefully, to look at where it is appropriate to put in a little more ambition, and whether it is right to leave it to the fisheries statement or whether we could devise some plan to escalate it up to being a stronger commitment. But at this stage—

Baroness Worthington Portrait Baroness Worthington
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Before the noble Lord withdraws his amendment, I want to comment on the Minister’s list of activities that relate to this. It is welcome to hear about the marine plans and the alternative fuels. We also need to integrate into this that the Government are pursuing nature-based solutions and carbon stored in the natural environment. We are doing that in the Agriculture Bill, and will be talking about it a lot as we go into the Glasgow talks, but the definitions the department is thinking about in the fishing sector are quite limited; for example, just the propulsion of the vessels. We are not thinking holistically about nature-based solutions, which are very important. When we have discussions following on from today’s debate, I encourage us to think about this holistically to make this a positive thing the maritime sector can help deliver, as we think about the net zero question.

Lord Grantchester Portrait Lord Grantchester
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I thank the noble Baroness, Lady Worthington, for reminding me of the important issue of nature’s ability to store carbon at sea. This is part of the wider implications of what we are seeking to achieve through amendments to the Bill’s climate change provisions. I beg leave to withdraw the amendment.

Fisheries Bill [HL]

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

(4 years, 3 months ago)

Lords Chamber
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Baroness Worthington Portrait Baroness Worthington (CB)
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My Lords, it is a pleasure to speak in this debate and to follow so many learned noble Lords and the excellent points they have made in relation to this Bill. I agree with many who have said that this is a once-in-a-generation opportunity to introduce new framework legislation to address the management of our fisheries.

Fisheries management is the ultimate tragedy of the commons. We have a collective resource, yet it is in everyone’s individual interests to exploit it to maximum economic yield in the short term to the detriment of the long term; a number of noble Lords have pointed out that this is true fisheries. Add to that that in the marine environment it is almost impossible to carry out effective MRV—monitoring, reporting and verification —and you get a really wicked problem. Therefore, the chance in the UK to write new framework legislation is hugely exciting. In the tragedy of the commons, the normal way to try and resolve the issue might be to form multilateral approaches. We are here doing the opposite; we are going to use unilateral policy, and there are challenges in that.

Of course, we have talked about the negotiations that we had with the European Union, but the best way we can go forward, I think, is to take more time to create exemplary policy in this area. If we are to be unilateral about it, let us write gold-standard, world-class legislation and hope that that then promulgates itself into other parts of the world where it is much needed, and that includes within the European Union because—let us be honest—the CFP is failing, for two important reasons. The first is that maximum scientific yield is disregarded. The scientists spend lots of time poring over data and trying to estimate in this horribly changing world what a safe yield might be for fisheries stocks. Then a political horse trading takes place on top of that, in which case the maximum scientific yield values are then disregarded and a new maximum quota is set which takes into account socioeconomic factors—meaning jobs in the near term in countries, places and regions of countries where politicians care about the jobs. We already see that the CFP is failing on that basic test of whether it can successfully manage the tragedy of the commons. It has resulted in overfishing. In the UK now, 40% of our stocks are deemed to be overfished. That is up from 30% just a year ago, so something clearly is not working; and this is after successive rounds of reform of the CFP. We have a chance now to get it right. Another fundamental failure, apart from the MSY-plus-plus model that was adopted, is the relative stability, the model by which we grant access to quota. That has been done on the basis of a historic catch, which now no longer has any bearing on the modern fishing fleet or indeed the actual availability of fish in our waters, so being able to move away from that and to develop a much better system is a real prize.

EO Wilson, a famous conservationist, once said that the problem with humanity is that we have Palaeolithic brains, medieval institutions and godlike technology; I think this definitely applies in the fishing sector. The godlike technology, as the noble Lord, Lord Krebs, and others have mentioned, has basically made us capable of extracting resource from the marine environment in ever more efficient ways. We are literally hoovering masses and tons of biomass out of our oceans and into commodity supply chains. The bucolic vision of a small fishing fleet leaving a harbour, getting a lovely fresh catch and bringing it back to shore, which we all then enjoy and eat, is not the reality of the industry today. It is hugely industrialised, hugely concentrated in its power and hugely influential in its lobbying. There is a tragedy of the incumbents that is writ throughout the sector, and they will put pressure on all the people involved in this new system to ask for a greater quota and more access to immediate cash in the short term. I am sure that in those negotiations the €500 million being taken by overseas vessels out of UK waters will be front and centre in their minds about how this should be managed.

As a society, we must really think about what we are doing in granting a quota. We are giving a right to a common asset that belongs not just to us but to future generations. There is an intrinsic value in what we are doing. We are taking something of great worth and giving it to the private sector to exploit. We should ask for far higher standards in that transaction. Think about what we are asking now in the common agricultural policy—there is another Bill in another place going through the same process, trying to reinvent a framework piece of legislation that can show the world how we do this sustainable management of our commons correctly. There, we will establish a principle that no public money should be spent without public good coming back in return. By granting quota and giving grants—I note that the Bill enables the continuation of grants—we have to apply strict criteria that this public money is being spent for the public good. I see no reason why we should not treat the fishing industry the same way as we treat the agriculture industry, in moving us forward into a much more sustainable management system.

The other thing, which many noble Lords have mentioned, is the use of MRV in technology. The godlike technology cuts both ways. It obviously enables us to catch and find fish far more effectively, but it also enables us to keep an eye on what we are doing in this tragedy of the commons. There has to be much more in this Bill that signals to the fleet that we will use MRV to oversee this management process, to ensure that we see fish come back into our oceans and a return to the time when our oceans were abundant with life. That is what we need to get back to, both for the short term and for the longer term. How will we use MRV to ensure not just that we are policing what is happening in our waters but, if we sell off quota to overseas fisheries, that we know what they have caught if it is not landed in the UK? What will be the reciprocal reporting arrangements so that we can make sure that our quota is genuinely sustainable and not continuing this pattern of business-as-usual overfishing and all the problems that brings?

Finally, another thing that we ought to think about strongly is the fact that our oceans, in terms of climate change, are a natural sink of carbon. They can help us in meeting our carbon budgets in the sense that they store carbon and lock up carbon in our waters. I might table a probing set of amendments in relation to this Bill, but I see no reason why we cannot think now about some of the methodologies we could introduce that would encourage fishermen, the fishers and stewards of our coastal communities, to be rewarded for doing the right thing in terms of climate change. That might mean a return to much more coastal fisheries, a low-impact aquaculture—returning to bivalves as a key source of protein, which locks up carbon; seagrass plantations; and the preservation of seaweed beds. We must think carefully about the effect of bottom trawling on our deep sink of carbon on the floor of the oceans. It is a much less studied issue, but our seas store more carbon than the rainforests, and by allowing fishing to carry on unrestrained we are losing carbon sinks and adding to a possibly unmonitored and unreported source of climate damage. This sector has huge potential to help us in both restoring carbon and drawing it down, while providing good, fresh protein sources for our people. Locally caught fish are some of the best forms of protein that we could possibly imagine. They have a very low carbon footprint, and we are much better eating local fish than importing meat from overseas.

We have a possibility here of bringing life back to our oceans, stimulating our local communities, helping with climate change and stopping the fishing industry from making it any worse. That can all be achieved with the right framework legislation. I have been involved in another form of framework legislation on climate change, from which I learned that to make a Bill successful and to make the legislation truly framework, you need clear targets in legislation, a clear timetable that holds the Government to account, and independent advice. This Bill does not contain any of those things, I am afraid, so it misses that important opportunity to learn from what we know has worked in other sectors. This Bill is that famous empty picture frame. We need to fill it with a wonderful picture and a vision that will bring money and life back to our oceans and will help show that there is some benefit to us becoming unilateral, in a time in the world when I think we need much more multilateralism. But that is another discussion.