Agriculture and Fisheries Council
George Eustice Excerpts(5 years, 11 months ago)
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The Minister for Agriculture, Fisheries and Food (George Eustice)
The Agriculture and Fisheries Council took place in Brussels from 17 to 19 November. The UK was represented by Lord Gardiner of Kimble, Parliamentary Under-Secretary of State for Rural Affairs and Biosecurity, and Lords Minister.
On fisheries, the focus of the Council was EU quota negotiations, involving decisions on fishing opportunities for the next year for quota stocks in the North sea, Atlantic, the English channel, Irish and Celtic seas. Fishing opportunities are set under the rules of the reformed common fisheries policy, which aims to have all stocks fished at sustainable levels by 2020 at the latest.
Prior to the Council, a number of negotiations had taken place with third countries, such as EU-Norway, which set fishing opportunities for certain stocks. The EU share of these opportunities were endorsed at the Council.
This year’s discussions were challenging for all member states given scientific advice on quota, which included a recommendation of zero total allowable catch (TAC) for five key species for UK fishermen, and the full implementation of the landing obligation from 1 Jan 2019—a requirement to cut the wasteful discarding of fish.
The agreed deal ensures that there are now workable solutions to alleviate the risk of choke closing economically important mixed fisheries while also preventing fish from being wastefully discarded unnecessarily. The agreement also includes a commitment to review scientific data as the new regulation comes into effect.
Total fishing opportunities agreed for 2019 included increased quotas for:
West of Scotland monkfish (+25%)
Western hake (+28%)
Skates and rays in the English Channel (+10%)
Limits remained the same for other stocks including Celtic sea sole and pollack— and where the science showed it was necessary, quotas were reduced for certain stocks, including herring in the Celtic sea.
Increases in quota for hake, haddock and megrim will benefit the whole of the UK. Increased quota for monkfish will provide a boost for the Scottish fleet, while Northern Ireland has benefited from an increase in Irish sea cod. Agreements on sea bass will offer welcome support to the inshore fleet in Wales.
The primary focus for agriculture was a debate on the post-2020 CAP reform package, including three legislative proposals: the first on CAP strategic plans; the second on financing, management and monitoring of the CAP; and the third on common market organisation (CMO) of agricultural products. The Commission welcomed engagement from member states and outlined some of the areas to be considered, including the budget and the performance monitoring system. In the discussion that followed, member states stressed the importance of simplification and shared their views on convergence and the need for a transition period. Under the same item, Croatia also gave an update on its inter-parliamentary conference on the future of food and farming.
The Commission also informed Council about the new bio-economy strategy and mentioned initiatives by member states, such as the BIOEAST conference, which Hungary gave an update on under the same item. The UK intervened to welcome the aims of the new strategy and encourage co-operation between member states.
Six other items were discussed separately under “any other business”:
The Commission set out its proposal to amend the present CAP legislation for payments in 2019-20, with the UK intervening in support and to call for additional flexibility.
Italy gave an update on forest damage.
The Commission informed Council about actions taken following the 2017 Fipronil eggs contamination incident.
The presidency discussed the progress of legislative files, namely unfair trading practices, spirit drinks, and fertilisers.
Poland gave a presentation on the situation in the pigmeat market situation.
The presidency and Commission updated Council on the plant proteins conference held in Vienna in November.
[HCWS1222]
Bovine TB
George Eustice Excerpts(5 years, 11 months ago)
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The Minister for Agriculture, Fisheries and Food (George Eustice)
Today I am updating the House on the implementation of the Government’s strategy to eradicate bovine TB in England by 2038.
Bovine TB remains one of the greatest animal health threats to the UK, causing devastation and distress for hard-working farmers and rural communities. We are therefore continuing to take strong action to eradicate the disease.
Professor Sir Charles Godfray’s independent review of the strategy highlighted a number of potential further actions while noting the level of challenge associated with eradicating bovine TB. We continue to consider the review’s advice in detail and will publish a formal response in due course.
In the meantime, I am today announcing plans to enhance biosecurity on farms and when trading, introducing earned recognition into our testing regime and inviting further applications to our badger vaccination grant scheme. I am also reporting on the outcome of 2018 badger control operations. All of the cull areas satisfied the level of badger removal that was required by their licence conditions.
Our joint industry-Government biosecurity progress report has been published today. As part of our commitment to improving this important element of our wider TB strategy we will be investing £25,000 to improve the TB hub website which is hosted by the Agriculture and Horticulture Development Board and which provides farmers and others with practical biosecurity advice. Furthermore, early next year we will carry out our first ever TB farm practices survey which will help us to get a better understanding of the extent to which biosecurity and other farming practices currently contribute to our efforts to control bovine TB.
Since January 2018 many herds in the edge area of England have been subject to six-monthly surveillance testing. From May 2019 we will give recognition to herds that have managed to stay clear of bovine TB restrictions in the last six years and herds that have achieved accreditation based on standards laid down by the Cattle Health Certification Standards body. We hope allowing these lower risk herds to revert to annual testing will incentivise others to take steps to reduce their TB risks.
There is broad scientific consensus that badgers are implicated in the spread of TB to cattle. This year, effective, licensed badger removal operations were completed by local farmers and landowners in 11 new areas and 19 existing areas. Alongside our robust cattle movement and testing regime, this will allow us to achieve and maintain long term reductions in the level of TB in cattle across the south-west and midlands, where the disease is widespread. The pace at which farmers and landowners came together to deliver an effective badger removal operation in Cumbria, part of the TB low-risk area, alongside enhanced cattle measures, has given us the best opportunity to stamp out the disease in this hotspot.
Badger BCG vaccination can provide a level of protection against disease and has a role to play in limiting TB spread to healthy badger populations. Therefore, a second round of applications for the “badger edge vaccination scheme” is now open, with grant funding available to private groups wishing to carry out badger vaccination in the edge area of England. Groups will receive at least 50% funding towards their eligible costs. This builds on the three initial four-year projects we have funded, which successfully carried out badger vaccination in 2018.
We remain determined to implement all available measures necessary to eradicate this devastating disease as quickly as possible.
[HCWS1195]
Fisheries Bill (Ninth sitting)
George Eustice ExcerptsMonday 17th December 2018
(5 years, 11 months ago)
Public Bill CommitteesRead Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 17 December 2018 - (17 Dec 2018)
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
It is good to see everyone back here. I think we all agree that discards should be prevented, and we all want more sustainable forms of fishing, but the discard ban that will kick in on 1 January worries fishers from Cornwall and Plymouth to Peterhead and Fraserburgh. They worry that their boats will be tied up because the ban will prevent them from going to sea.
We need a system that prevents discards and means fish caught without a quota are not wasted, chucked overboard or discarded. We heard in our evidence sessions from Aaron Brown of Fishing for Leave, who feels there are major problems with this part of the Bill. Helen McLachlan, and Debbie Crockard of the Marine Conservation Society, referred to the uncertainty about the consequences—intended and, importantly, unintended —of the scheme. Even Dr O’Brien did not entirely convince us that he knew how the scheme would work.
The amendments tabled by the right hon. Member for Orkney and Shetland seem entirely sensible, but we are not convinced that the Government have suddenly found the right answer. It undermines this enabling Bill to set out the scheme in such detail without any scope for piloting or consultation to see what works and to develop the detail of the scheme in collaboration with fishers and marine conservation organisations.
I therefore would be grateful if the Minister answered a few questions about this part of the Bill. Where did the basis for the scheme come from? Are there any precedents in other countries? What evidence did the Department draw on when designing the scheme? What industry views were sought, what opinions were given, and how were they taken into account? Why does the Department consider that it is not appropriate to conduct a pilot or trial to test the key elements of the scheme before it is enshrined in primary legislation? Under the scheme, what will happen to the fish that are landed? How will the Department avoid requiring fishers to go to and from harbour to land fish, thereby increasing their carbon footprint?
The Minister for Agriculture, Fisheries and Food (George Eustice)
It is, perhaps, pertinent that the right hon. Member for Orkney and Shetland raised the December Council, since it will be dominated by the issue of choke species and making the discard ban work in practice. I can briefly reassure him that I joined our delegation by conference call at eight this morning and again at two, and I plan to be on the first train out there tomorrow, when the substantive negotiations will take place. In the meantime, my noble Friend Lord Gardiner is covering proceedings.
We looked at the idea of a discard prevention charging scheme because we all know, as we approach the final year of the landing obligation, that there are challenges with making it work as far as choke species are concerned. The shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, asked whether there is precedent for such a scheme. Iceland and New Zealand both have similar schemes, with a kind of overage charge.
I was attracted to that idea because it is rather similar to what we did when we first introduced dairy quotas. Initially, if a farmer went over his quota for milk production, he had to pour the milk down the drain—he could not sell it at all. The super levy was then developed, which meant he could sell it but there would be no economic value to him for producing it. We seek to do something similar here. We will establish a national reserve of quota to underpin the discard prevention charge. Rather than coming up with lots of complex rules, like we have now, to try to find exemptions or other de minimis ways of managing the discard ban, we want to ensure that there is no financial incentive for fishermen to target those fish. However, we do not want to prevent them from landing those fish should they run into stocks they had sought to avoid.
The shadow Minister also asked about consultation. This idea was set out in some detail in our White Paper. Since the White Paper was published, my officials have travelled the country—they have visited fishing communities from Newlyn right up to the north of Scotland—to talk to the industry about the plans we have outlined. I think it is fair to say that the industry recognises that there are many challenges with making the discard ban and the landing obligation work in practice as well as in theory. That is why it is open to this approach, which has a proven track record in some countries.
Finally, the shadow Minister mentioned that we had put the scheme in the Bill without having a pilot or any detailed consultation. I reassure him that clause 23(1) is clear that this will be done through regulations. Before we lay those regulations, we absolutely will consult thoroughly with the industry to ensure that we get the scheme design right. I also reassure him that it is absolutely my intention that we will pilot the scheme before rolling it out nationally. It is obviously quite an important policy and will be quite an important departure from the scheme we have now, and we want to make sure that we have the design right. I hope that, having given that reassurance, the right hon. Member for Orkney and Shetland will not feel the need to press the amendments to a vote.
Mr Carmichael
I am not entirely sure that the Minister embraced the substance of the amendments—that the money raised by this scheme could be ring-fenced, and that there should be some reporting mechanism or accountability for it. I am not trying to be difficult. Perhaps the Minister would like to intervene on me?
George Eustice
I did indeed miss out a part of my notes. I reassure the right hon. Gentleman that we are absolutely committed to transparency, and that existing Treasury rules require us to publish this information. Under the Government Resources and Accounts Act 2000, the Treasury has already directed the Department for Environment, Food and Rural Affairs to prepare, for each financial year, consolidated resource accounts detailing the resources acquired, held or disposed of, and the Department’s use of resources during the year. If the intention behind the amendment is that the money should be ring-fenced for conservation purposes, that is set out in clause 27(3)(c).
Mr Carmichael
I am grateful to the Minister for that helpful intervention. I and others strongly suspected that the Treasury would be the least fond of this proposal. The Minister has confirmed those suspicions. However, that is not an unreasonable explanation, and on that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
George Eustice
I think we covered the key issues of the clause when I set out the purpose and the thinking behind the charging scheme.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clause 24
Meaning of “chargeable person” and “unauthorised catch of sea fish”
Peter Aldous (Waveney) (Con)
I beg to move amendment 94, in clause 24, page 14, line 17, after “Organisation” insert
“or an Inshore Fisheries and Conservation Authority”.
Luke Pollard
I will be brief. The hon. Member for Waveney raises some good points. I asked for further clarity on the role of IFCAs previously, because it seems to be an area that is missing from large parts of the Bill. I would be grateful if the Minister responds to that.
George Eustice
To reassure my hon. Friend the Member for Waveney, we have not included IFCAs in the clause in the way that his amendments suggest, in common with similar amendments that he has tabled, because IFCAs do not have any role in quota management. It is not appropriate for them to be covered by this clause, which is explicitly in relation to the discard prevention charge.
IFCAs do not carry out the functions for which we want the MMO to charge. In essence, the funding mechanisms for IFCAs are also different from the MMO. IFCAs are funded by a levy charged to their sponsoring local authorities. They receive around £8.7 million for that. Local authorities have a legal duty to pay the levy. Recovered courts costs awarded from successful prosecutions also appear as revenues. IFCAs are encouraged to explore ways of supplementing their income by creating commercial revenues—through survey work, for example. Their funding model is very different. They have no role in quota management and it is not appropriate to bring them within the scope of these clauses.
Peter Aldous
I am grateful for the Minister’s clarification of that issue, particularly that IFCAs do not have a role in quota management and that they have alternative funding arrangements. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
George Eustice
The purpose of the clause is simply to provide the meaning of “chargeable person” and “unauthorised catch at sea fish” in respect of the discard prevention charging scheme. Subsection (1) provides that the chargeable persons under a scheme must be holders of English sea fishing licences or producer organisations that have at least one member that is an English sea fishing licence holder. Producer organisations are included as chargeable persons as they frequently manage quota on behalf of their members and distribute quota between the members. Subsection (2) gives the meaning of unauthorised catch of sea fish; unauthorised catch means catch in excess of the amount authorised by the MMO for that vessel or producer. Subsection (3) provides flexibility so that a scheme may determine what catch is to be deemed as authorised by the MMO.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Clause 25
Catches subject to a charge ignored for certain regulatory purposes
Question proposed, That the clause stand part of the Bill.
George Eustice
Briefly, the sole purpose of this clause is to ensure that fishermen are not further penalised for processing unauthorised catch if they have complied with the discard prevention charging scheme. The clause provides that where a charge is payable under the scheme, the scheme may provide that the fishing activity that led to the charge may be ignored in determining whether there has been a breach of a licence requirement. That means that, under the scheme, if a charge is paid as required for an unauthorised catch, no further action will be taken.
Question put and agreed to.
Clause 25 accordingly ordered to stand part of the Bill.
Clause 26
Charge collectors
Question proposed, That the clause stand part of the Bill.
George Eustice
The purpose of this clause is simply to enable the Secretary of State, when setting up a charging scheme, to determine the functions of a charge collector, together with certain details such as terms of appointment and termination of the charge collector. Subsection (1) states that the Secretary of State can appoint a charge collector to administer the scheme and to specify the terms and termination of their appointment and functions they will carry out. Subsection (2) details the nature of the functions that may be conferred on the charge collector. Subsection (3) provides that the scheme may allow for duties to be placed on a charge collector after their appointment has been terminated. Subsection (4) allows a scheme to contain provision about appeals against decisions of charge collectors. Subsection (5) provides for the possibility that any expenditure incurred by the charge collector when exercising their functions can be recovered.
Mr Carmichael
Can the Minister confirm that, although these provisions exist, they are permissive and it would remain possible for Government Departments to carry out those functions?
George Eustice
Yes, that is absolutely the case. Indeed, it is likely to be the case that the Marine Management Organisation would perform those functions on behalf of the Government. The clause simply provides the opportunity for others to be involved, should that be required.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Clause 27
Discard prevention charging schemes: supplementary provision
Question proposed, That the clause stand part of the Bill.
George Eustice
Clause 27 is about supplementary provisions. It includes provisions for a discard prevention charging scheme to include provisions for unpaid charges to be recovered as a debt, for masters of fishing boats to be jointly liable with licence holders for charge payments, and for how charge collectors must manage the receipt of charges. It also allows the Secretary of State to exercise discretion in the functioning of the scheme and to delegate any of their functions under the scheme. The clause provides necessary detail on the scheme to ensure its proper functioning.
Luke Pollard
I am grateful to the Minister for setting that out. I have a question for him on this scheme, in relation to equal access and shared access to waters. He is setting out a scheme for English fisheries, but could he set out what happens in the event of a fishing boat leaving English waters and travelling through to Scottish waters, for instance, and there being discards en route at some location between? Is there a way of meshing this together perfectly with what happens with a Scottish discard scheme to ensure that there are no loopholes because of the transition between two national fisheries areas?
George Eustice
The shadow Minister makes an important point. As I have said all along, this Bill tries to sit within our somewhat complex devolution settlement. I will make two points. First, Scotland is facing exactly the same challenges that we in England are facing, with regard to making the discard ban work in practice as well as in theory. From discussions with officials, I am aware that the Scottish Government are interested in looking at a similar scheme for fishermen in Scotland. It may be that this is something we can work on together across the UK.
Secondly, to answer the hon. Gentleman’s specific point about how we would deal with catches, some of which might have been caught in Scotland and some of which might have been caught in England, we have quite a detailed system of catch reporting. They have to log catches. We have vessel monitoring systems so that we know where vessels are catching fish. We have trained operators in our control room in Newcastle who monitor fishing patterns and can identify suspicious behaviour, such as a fishing vessel fishing in one area and then driving around to pretend it has fished in another, and we have ways of reconciling fishermen’s landing records with their catch records to ensure that we can manage this as an England-only scheme, should that be necessary.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clause 28
Financial assistance: powers of Secretary of State
Luke Pollard
I beg to move amendment 108, in clause 28, page 16, line 25, at end insert—
“(f) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.”
This amendment would enable financial assistance to be provided for scientific data collection.
Peter Aldous
I want to speak to amendment 98 and new clause 21. The amendment would make two additions to the list of what are called “relevant marine functions”, for which charges can be made. The first addition, following on from the remarks of the hon. Member for Plymouth, Sutton and Devonport, would be the commissioning of
“scientific research to support…fish stock management, food security and biodiversity”.
Improving our science is very important. Secondly, the amendment would add a general
“administrative function relating to fisheries management”.
New clause 21 sets out three uses for which the proceeds could be used: the commissioning of scientific research to support effective stock management and biodiversity; the commissioning of scientific research into the development of low-impact fishing techniques; and
“the administrative functions relating to fisheries management of the Secretary of State, the Marine Management Organisation and the Inshore Fisheries and Conservation Authorities”.
It is important to incentivise the collection of scientific data and research so as to support fish stock management and biodiversity. Fisheries science and accurate data are essential, as things move forward, to put fisheries management on to an effective footing that will be sustainable in the long term. I look forward to hearing the Minister’s plans for that.
George Eustice
I understand that the amendments tabled by the hon. Member for Plymouth, Sutton and Devonport, on financial assistance, and those tabled by my hon. Friend the Member for Waveney, relating to the power to impose charges, have at their heart a concern that we need better quality scientific data. We have discussed that on a number of occasions. I broadly agree. We have made some good progress; stocks that were of data-limited status have moved on to have full stock assessments. There is undoubtedly further to go.
DEFRA already pays the Centre for Environment, Fisheries and Aquaculture Science to gather the data as part of its service level agreement. The issue is whether there is a need for clause 28 to include an additional purpose in relation to science. Our view is that there is not, for a number of reasons. First, the European Maritime and Fisheries Fund, which is an EU fund, does indeed have a category for enforcement and science. That is made available to national Governments for doing the relevant work. Clearly, in an era where we are funding national Government activities directly from the Treasury we do not need a separate provision in the way that we do in the EMFF.
Our view is therefore that future grants to replace the EMFF should be directed at the fishing industry and aquaculture, to support those areas, and that the funding for the activities of CEFAS and science should come from the Government, and the powers to do that obviously already exist through the normal channels—the spending review processes and the funding that we make available to CEFAS through our service-level agreement with it.
Mr Carmichael
I agree with just about everything the hon. Gentleman has said. This is a good example of how a small measure of Government investment could have a transformative effect and bring manifold returns. Some decades ago, the Highlands and Islands Development Board installed mooring buoys throughout the highlands and islands, which allowed many yachtsmen and other sailors to enjoy that part of the countryside. It brought in a tremendous amount of income, and tourism burgeoned over the years. The same is possible for those who are trying to increase recreational angling.
The hon. Gentleman’s amendment is very modest: it requires that consultation be held. It does not bind any Minister or future Minister to do anything. It is pretty clear that if we just leave this and wait for something to happen, it almost certainly never will.
George Eustice
I declare an interest: my brother is a keen angler who targets bass off the Cornish coasts, so I regularly hear from him about these issues.
Owen Smith
I am also a recreational sea angler for bass. Does the Minister agree that we could do much more for our economy in many parts of the country—not just the south-west, but off Wales and Scotland—if we did more to promote the prospect of bass angling?
George Eustice
It would be something if we could conserve bass. Indeed, that will be another important agenda item at this year’s December Council.
Owen Smith
Does the Minister agree that one of the ways in which we might conserve bass is by reserving those stocks solely for recreational angling?
George Eustice
I would not reserve them solely for recreational angling, but I have been in the vanguard of arguing for them to have a more generous bag limit than the Commission has hitherto granted.
I know that the Angling Trust has been promoting the amendment, and I am a big fan of Martin Salter. I bumped into him after the evidence session when he raised these points, and I said that I felt that he had a rather “glass half empty” view. As the shadow Minister knows, clause 28(1)(e) is absolutely explicit that we are creating powers to give financial assistance for
“the promotion or development of recreational fishing.”
That is a first. The EMFF and the European schemes have never had any provision whatever for targeted grant support for recreational angling.
Mike Hill (Hartlepool) (Lab)
Hartlepool has a much-depleted offshore fleet these days, so recreational fishing is very much in the ascendency, particularly because we have got wrecks that generate good fish stocks. Does the Minister agree that that is important for tourism?
George Eustice
Yes, I very much agree. I hail from a Cornish constituency that is surrounded by water, so recreational angling is an important tourist activity. These issues are indeed very important. I have seen estimates that put the commercial value of recreational fishing at about £2 billion. We always have to be slightly suspicious of some of these figures, but there is no doubt that it is a commercially important sector.
Amendment 111 and new clause 25 seek to achieve slightly different things. With respect to amendment 111, I do not think that it is necessary to require a consultation, since in clause 28(1)(e) we have taken—for the first time and with very good reason—a power to give grants for recreational fishing. As I have said many times, DEFRA needs no encouragement to issue consultations. We have regular consultations on all sorts of issues—I think last year we had something like 50—and sometimes only a handful of people reply. I can guarantee the Committee that before introducing any grant scheme under clause 28(1), we would consult on its design and purpose, so I do not think that it needs to be placed in statute that we must run a consultation.
Owen Smith
I have seen Mr Salter with a glass full or half full on many occasions.
George Eustice
I am sure that the hon. Gentleman has; I think I have, too.
Having given an undertaking to look specifically into the possibility of making reference to recreational angling in the SSFS, where it best sits, I hope that the hon. Member for Plymouth, Sutton and Devonport will not see the need to press his amendment.
Luke Pollard
I thank the Minister for taking recreational sea angling and fishing so comprehensively on board in his response. It is good to hear that he intends to issue a consultation before any powers under clause 28(1)(e) are used. That commitment delivers on the intent of our amendment 111, and I am pleased that he is taking on board the concern expressed by recreational fishers that they should be given greater prominence in the Bill.
With respect to new clause 25, I will look carefully at what the Minister brings back on Report. There is an opportunity to do much more on recreational fishing; if he brings back the new clause, the Bill will be the better for it. On the basis of the commitments he has given, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 28 ordered to stand part of the Bill.
Schedule 4
Financial assistance
Question proposed, That the schedule be the Fourth schedule to the Bill.
George Eustice
The Committee has already discussed the substance of the issues to which schedule 4 relates. The schedule will allow Wales and Northern Ireland to establish grant schemes after the UK’s withdrawal from the EU. Its provisions essentially mirror those set out in clause 28, which provide powers to introduce schemes of financial assistance for industries related to fish or fish farming, as well as for the purpose of improving the marine and aquatic environment or—as we have just discussed—promoting recreational fishing. The powers replace and broaden existing domestic funding powers, which are in the Fisheries Act 1981.
Question put and agreed to.
Schedule 4 accordingly agreed to.
Clause 29
Power of Marine Management Organisation to impose charges
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I beg to move amendment 70, in clause 29, page 17, line 42, leave out “negative” and insert “affirmative”.
I am definitely moving the amendment, which seeks to remove the negative procedure in relation to clause 29 and replace it with the affirmative procedure. The amendment reflects concerns expressed by fishers about the increasing powers of the MMO, which is developing the ability to impose charges without sufficient accountability and scrutiny of that work.
The amendment is designed to catch the Minister’s eye so that he can reassure us that the MMO will use any powers it is given wisely, to ensure that charges are proportionate and, importantly, that before any charges are imposed, there is sufficient consultation with fishers to ensure that those charges are correct and proportionate.
Given the considerable amount of concern expressed by fishers, it is important that there is sufficient parliamentary procedure, which is why we suggest the affirmative procedure. However, if the Minister can give a good answer as to why that should not be required, I would be prepared to withdraw the amendment.
George Eustice
We have had a number of discussions about the use of the negative procedure. As I have pointed out before, the Delegated Powers and Regulatory Reform Committee considered the procedures for all delegated powers in the Bill and commented:
“Of the Bill’s 15 delegated powers that have a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so.”
It is usual for fees and charges imposed by arm’s length bodies to be set out in regulations made under the negative procedure. A recent example is the power of the Secretary of State to charge fees through regulations under the Ivory Bill, which will also use the negative procedure. We have considered the issue, but we think we have struck the right balance between the need for parliamentary scrutiny and the need to update MMO charges through secondary legislation.
If we were to accept this amendment and do use the affirmative procedure, every change made to the charges would have to go through an affirmative parliamentary process. We think that is excessive. We already have strict and tight Treasury guidance on when one can and cannot charge, and how one can charge for such charges that are passed on, and that is very much on a cost-recovery basis. That provision is set out in detail in other Government rules and guidance.
Luke Pollard
I invited the Minister to provide reassurance that the MMO would use the charging powers proportionately and subject to consultation. Could he say something about his approach to that?
George Eustice
I draw the hon. Gentleman’s attention to clause 29(7), which makes provision for consultation. I confirm that we would consult the industry before introducing such charges.
Luke Pollard
I appreciate that clarification. It is important that the Minister takes on board the concerns of fishers about the role and remit of the MMO in relation to the new powers that the Bill gives him. On the basis of the reassurance that he has given, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 29 ordered to stand part of the Bill.
Schedule 5
Power of Northern Ireland department to impose charges
Luke Pollard
I beg to move amendment 76, in schedule 5, page 44, line 9, leave out “negative” and insert “affirmative”.
Briefly, the amendment seeks to amend schedule 5 to provide the affirmative resolution in relation to powers given to the relevant Northern Ireland Department. I would like to invite the Minister to comment.
Importantly, in the absence of devolution to the Northern Ireland Executive and the Northern Ireland Assembly at the moment, as the Assembly is not sitting, how can we ensure that there is sufficient scrutiny of those powers to the devolved Administration? In others circumstances, whether in Wales or Scotland, the powers would be given appropriate scrutiny in those devolved bodies.
George Eustice
The solution to the problem that the hon. Gentleman highlights is to get a political Administration back in Northern Ireland. We have that challenge on many fronts; this is one of the lesser challenges we face in the absence of a political Administration in Northern Ireland.
Our intention is that the Bill is built to last and that it will give us a basis and a framework with which to manage fisheries for at least the next few decades—I hope so, but obviously things change. The Bill is therefore built in the expectation that a political Administration will be back in place in Northern Ireland, as it should be. Indeed, I am sure we all hope that that might even happen before the provisions of the Bill commence.
The hon. Gentleman makes an important point about the lack of an Administration in Northern Ireland. We all know that the solution is not to amend the Bill but to get an Administration back in Northern Ireland. Again, I point out paragraph 7 of the schedule, which gives a clear undertaking that there must be a consultation before any regulations can be introduced under the negative procedure, even for Northern Ireland.
Luke Pollard
On the basis of the Minister’s response, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the schedule be the Fifth schedule to the Bill.
George Eustice
Briefly, the schedule allows the Northern Ireland Department to make regulations to enable it to charge for its exercising of relevant marine functions. After the regulations are laid, the Northern Ireland Department will be able to charge to ensure that the taxpayer does not have to foot the bill for expenses related to fisheries. Through the change, it is intended that the Government should neither profit at the expense of the consumer nor make a loss. It is a cost-recovery provision, which mirrors what is in the clauses that we discussed earlier for England.
Question put and agreed to.
Schedule 5 accordingly agreed to.
Clause 30
Sea Fish Industry Authority: fees for services provided for industry in EU
Question proposed, That the clause stand part of the Bill.
George Eustice
The Sea Fish Industry Authority—Seafish—is a levy-funded, UK-wide body set up to promote the consumption of seafood, protect the reputation of the industry and provide information, evidence and advice for decision making in the supply chain. It may provide services for persons in the sea fish industry within and outside the UK. It is required to charge in full for such services provided to those from non-EU states, but section 3(5) of the Fisheries Act 1981 prevents it from charging those from EU states more than those from the UK. The clause will remove that provision.
We are including the clause in the Bill because the power in section 8(1) of the European Union (Withdrawal) Act 2018 may not be used to make regulations that impose or amend fees. In practice, Seafish sets out all of its charges across recovery levels, so the clause will not result in any practical change. However, it is important that no distinction is made between services provided to EU and to non-EU companies once the UK leaves the EU.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Clause 31
Power to make provision about fisheries, aquaculture etc
Question proposed, That the clause stand part of the Bill.
George Eustice
The clause will provide the Secretary of State with the powers necessary to manage our fisheries when we leave the EU and operate as an independent coastal state, enabling us to comply with the UK’s international obligations, manage our fisheries and keep pace with changes to EU law. When we leave the EU, it will be vital that the UK has measures in place to implement its international obligations and to move away from the common fisheries policy measures incorporated in retained EU law under the EU withdrawal Act.
Fisheries, and the management of the impact of fisheries on the marine environment, are dynamic, changing throughout the year. To manage fisheries effectively, we need delegated powers to be able to respond quickly to scientific advice. The CFP is due to be reviewed in the next few years. We need to ensure that the UK can introduce measures where appropriate for UK fisheries management. The clause confers regulatory updating powers on the Secretary of State. Equivalent powers are conferred on Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; we understand that Scotland will make its own legislative arrangements in respect of the powers set out in the clause.
The powers in the clause are necessarily quite broad in scope. In recognition of that, we have introduced several constraints to limit the powers as far as possible. They must be exercised for a purpose listed in subsection (1); they can only be exercised for the matters listed in subsection (4); and they cannot create criminal offences punishable by imprisonment. I hope I have been able to explain the purpose behind the clause, to ensure that we can have a dynamic and clear ability expeditiously to make minor technical changes to the technical conservation regulations that are important in fisheries.
Luke Pollard
Notwithstanding my earlier remarks, it is good to see the word “aquaculture” making it into the Government’s Bill at this point. I make fond mention of the occasion on which the Minister decided not to take amendments because of the mention of the aquatic environment. I am sure that aquaculture and the aquatic environment will make appearances later that will highlight the error of the Minister’s ways in his earlier remarks.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Section 31: interpretation
Question proposed, That the clause stand part of the Bill.
George Eustice
Briefly, the clause simply provides interpretation for certain terms related to fisheries used in clause 31. This is important to ensure that restrictions placed on the power in clause 31 are effective in limiting its scope to fisheries. It is a simple clause that deals with interpretation.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Clause 33
Power to make provision about aquatic animal diseases
Question proposed, That the clause stand part of the Bill.
George Eustice
The shadow Minister will note that the word “aquatic” has arrived again. However, this clause is slightly different, since it relates to replacing provisions dealing with fish health in particular once we leave the EU and lose some of the powers in the European Communities Act 1972.
The clause confers delegated powers on the Secretary of State to make changes to aquatic animal health legislation, as opposed to the management of the aquatic environment. Corresponding powers are conferred on Scottish and Welsh Ministers and DAERA in Northern Ireland by schedule 6. Primarily, the clause will ensure that the domestic aquatic animal health regime can be amended and updated after we leave the EU in order to preserve the UK’s high aquatic health status both in relation to aquaculture and the health of wild aquatic animals. The clause will allow the Secretary of State to regulate matters relating to the importation, exportation, movement, storage or handling of fish or other aquatic animals; products derived from fish; and any other thing that the Secretary of State considers may carry, or otherwise affects the prevalence of, a disease of fish or other aquatic animals.
The powers conferred by the clause will enable the UK to respond to new and emerging aquatic disease threats and disease outbreaks and to fulfil its international obligations as part of any future trade agreements. The clause is therefore essential to maintaining the high health status. I should point out that in 2009 the Diseases of Fish Act 1983 was repealed. We then relied on the European Communities Act 1972 to make changes to our regime for controlling fish and other aquatic diseases. The clause ensures that we have the powers we need to be able to continue to do that, as we lost the Diseases of Fish Act in the repeal of 2009 and we are now on the threshold of losing the powers that we have under the European Communities Act.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Scope of regulations under section 31 or 33
Question proposed, That the clause stand part of the Bill.
George Eustice
Clause 34 defines and limits the scope of regulation-making powers in clauses 31 and 33, ensuring that the devolved status of fisheries is respected. Subsection (1) allows for regulations made under clauses 31 and 33 to confer a function, including the imposition of fees. Subsection (2) allows for the creation of criminal offences, but not offences punishable by imprisonment. Subsection (3) states that regulations made under clauses 31 or 33 cannot include provisions that are within the competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly unless the provision is merely incidental or consequential.
Subsection (4) further restricts the use of powers under clauses 31 and 33 as the regulations may not be used to modify functions held by Welsh Ministers in relation to the enforcement of sea-fishing licences and regulating the conduct of fishing operations. Subsection (5) restricts the use of powers under clauses 31 and 33 so that they may not modify fisheries administrations’ functions relating to the licensing of fishing boats under any of the provisions in clauses 9 to 13 and schedule 2. Finally, subsection (7) sets out the broad scope of the power to amend any enactment. That will be essential for modifying retained EU law after our exit from the European Union.
In summary, the clause places limitations on the exercise of powers in clauses 31 and 33, predominantly to ensure that there is no encroachment on the devolution settlement that we have. I beg to move that the clause stand part of the Bill.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Clause 35
Scope of regulations under section 31 or 33 where consent obtained
Question proposed, That the clause stand part of the Bill.
George Eustice
This clause is about ensuring there is an ability—notwithstanding the fact that clause 34 is clear that it does not cut across the devolution settlement—to put in place a framework with the consent of each part of the UK so that a single authority can act with the consent of the others in an area that would otherwise be devolved. Subsections (1) to (3) require consent from the Scottish or Welsh Ministers or the Northern Ireland Department for regulations under clauses 31 and 33 to make provisions in areas of devolved competence. Subsection (4) requires consent from the Scottish and Welsh Ministers and the Northern Ireland Department for regulations on matters relating to powers to license fishing boats. I beg to move that the clause stand part of the Bill.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36
Procedural requirements for regulations under section 31 or 33
Luke Pollard
I beg to move amendment 71, in clause 36, page 22, line 24, leave out “negative” and insert “affirmative”.
Briefly, we tabled the amendment so that we could ask the Minister to explain why he believes that the negative procedure is the best option for this clause.
George Eustice
As I said, the Government have considered carefully the delegated powers in the Bill and the procedures that should apply to regulations. I will not rehearse the points I made about delegated powers and the precedents for this, but I will give the hon. Gentleman an indication of the technical issues that regulations under this part of the Bill may deal with. They may cover issues such as the catching, landing or selling of sea fish below a certain size—the minimum conservation reference size, as it is sometimes called—and the design of sea-fishing equipment. They may involve introducing a new selectivity measure for the squid fishery off the coast of his constituency, for instance. They may also involve minor issues to do with monitoring or enforcement of compliance.
We have a large number of technical conservation regulations under the existing common fisheries policy—some 90 bodies of regulations cover all sorts of things, from landing sizes to mesh sizes and from closures to prohibitions on landing small-eyed ray. Those are generally dealt with through delegated Acts that come from the Commission. We must have the power to make in-year amendments so that we can react quickly to changing circumstances by taking a stock off the prohibited list or putting it back on, and it is important that we have the ability to act expeditiously to manage our marine environment. Given that we have some 90 bodies of EU regulations and some 300 or 400 different technical regulations in total, I question whether there is appetite in this place for debating each and every one of those changes. The situation can be very dynamic and dozens of changes are made in a typical year.
On that basis, I hope that the hon. Gentleman does not see the need to press the amendment to a vote, and that I have been able to reassure him why we chose the negative resolution procedure rather than the affirmative procedure in this case.
Mr Carmichael
I have lost count of the number of debates I have sat through in which we discussed whether to use the negative or affirmative procedure—“must” or “may”—but on this occasion the hon. Member for Plymouth, Sutton and Devonport hits on a substantial point.
As we heard, the scope of regulations made under clauses 31 and 33 is defined by clause 34, which provides inter alia in subsection (2) that regulations made under clauses 31 or 33
“may create a criminal offence, but not one punishable with imprisonment.”
I am not surprised that imprisonment is not included, because I suspect the bulk of the offences created would be committed primarily by bodies corporate rather than private individuals. Notwithstanding that, offences created by regulations of this sort often attract financial penalties that run to several thousand pounds—sometimes tens of thousands of pounds—so they are not insignificant.
I deeply regret not challenging the Minister on this point when we debated clause 34.
George Eustice
I draw the right hon. Gentleman’s attention to clause 36(2), which sets out clearly:
“Regulations under section 31 or 33 are subject to the affirmative resolution procedure”
if they cover a number of issues, including anything creating a criminal offence. Subsection (3) relates to the use of negative procedure on regulations left after those that fall under subsection (2) are taken out.
Mr Carmichael
That answers my point. I do not think I need detain the Committee any longer.
Luke Pollard
You are getting ahead of yourself, Mr Hanson. I am not a Minister yet, but the coming general election will be upon us soon.
I am grateful for the Minister’s response. As he said, there will be a large number of changes. He might want to reflect on how any changes made under negative procedure can be reported in the Secretary of State’s fisheries statements, even though it is not necessarily required to do so.
There is an opportunity. Because we are expecting the Minister to deliver so much change in the first couple of years after we leave the common fisheries policy, having it summarised and repeated annually would enable greater scrutiny and understanding of those changes. That would be beneficial not only for the fishing industry but for those who seek to scrutinise the work of Government. On the basis of the Minister’s response, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
George Eustice
I think we covered the key parts of the clause earlier. I again simply highlight that it sets out a number of cases where it is appropriate to use the affirmative resolution procedure under subsection (2). That includes any regulations that impose fees or create a criminal offence. The remainder of the largely technical conservation measures that are of a lower order and need to be changed regularly are provided for under the negative resolution procedure under subsection (3).
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Clause 37
Powers of Scottish Ministers, Welsh Ministers and NI department
Question proposed, That the clause stand part of the Bill.
George Eustice
The clause simply serves to enable schedule 6, which will provide Scottish Ministers, Welsh Ministers and the Northern Ireland Department with the powers necessary to manage fishery and agriculture industries in line with devolved competences. In doing so, the clause is part of a framework that allows Scotland, Wales and Northern Ireland to meet their obligations under the UN convention on the law of the sea and the UN fish stocks agreement.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
The Labour party fully supports the clause pertaining to schedule 6, which we will elaborate on later.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Schedule 6
Powers to make further provision: devolved authorities
Alan Brown (Kilmarnock and Loudoun) (SNP)
The amendment is a step too far. There is sufficient protection for affirmative resolutions under clause 36 and paragraph 3(2) of the schedule, as the Minister pointed out. The Scottish Government need some leeway to be able to use the negative resolution procedure, and I do not think there is any need for this amendment. I would like to know whether the Labour party sought any assurances from the Scottish Government on whether they thought this amendment was necessary. I suggest that if the Scottish Government had wanted such an amendment, they would have tabled it themselves.
George Eustice
This is in many ways a mirror amendment to one we discussed earlier. It is unusual for me to agree with the hon. Member for Kilmarnock and Loudoun, but he makes an important point: if we have just agreed one set of provisions giving the right to use the affirmative or negative resolution for England, it would suggest that we do not trust Scotland if we said that all their resolutions should be subject to the affirmative procedure. What is good for one part of the UK should be good for Scotland as well. I do not think this amendment is appropriate.
I can confirm to the hon. Gentleman that this has been put in at the request of the Scottish Government. We worked closely with all the devolved Administrations to understand what they would like included in the Bill on their behalf, and this particular section dealing with the ability to fight aquatic diseases is understandably very important to Scotland, given that it has such a large salmon farming industry. It is at the request of the Scottish Government that this has been included in the way that it has. I think it is right that we treat the Scottish provisions in the same way that we treat the English provisions. I hope the shadow Front Bench will not see the need to press this particular amendment.
Mr Sweeney
We have been pretty consistent throughout the process in saying that we think affirmative measures are better because they provide extra scrutiny and extra control, and we think that is beneficial.
Mr Sweeney
I absolutely agree with that. In any system of democracy, at every tier there should be an element of interface and interaction, and that will be an ongoing process. It is not about a gradualist approach to independence, which is how the Scottish National party would like to view devolution. That is not how we view it. I will conclude, because there is no point in labouring this—pardon the pun—by saying that we accept that there is no agreement. It is unfortunate that we keep losing these votes on the negative emphasis versus the affirmative, but we are where we are in terms of the arithmetic. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the schedule be the Sixth schedule to the Bill.
George Eustice
We have already covered part 1 of schedule 6, which specifically relates to the powers taken for Scotland to manage aquatic and animal diseases. I will briefly comment on parts 2 and 3, which make provisions for both Welsh Ministers and the Northern Ireland Administration. Hon. Members will have noted that the provisions for Wales and Northern Ireland are different from those for Scotland in that parts 2 and 3 also have provisions that mirror clause 31. In other words, schedule 6 gives Welsh Ministers and the Northern Ireland Administration the ability to make those technical conservation measures that we discussed earlier in the context of clause 31 for England.
I should point out that at this stage that, when the Bill was drafted, Scottish Ministers said that they did not want those provisions included in the Bill on their behalf. We understood that at that point they might have been considering doing this themselves through their own legislation. However, we have recently been told by Scottish Ministers that that position has changed and they would like us to perhaps consider at a later stage of the Bill adding powers for Scotland akin to those afforded in parts 2 and 3 for Wales and Northern Ireland.
This is obviously an issue that we will discuss further with Scottish Ministers. It is complicated by the fact that they have not yet confirmed that they will grant a legislative consent motion for the Bill. Nevertheless, I thought I should highlight to members of the Committee why there is a difference between part 1 for Scotland, and parts 2 and 3 for Wales and Northern Ireland.
Question put and agreed to.
Schedule 6 accordingly agreed to.
Ordered,
That further consideration be now adjourned.—(Iain Stewart.)
Fisheries Bill (Tenth sitting)
George Eustice Excerpts(5 years, 11 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I beg to move amendment 68, in schedule 7, page 57, line 15, leave out “and” and insert “or”.
This amendment would amend the Marine and Coastal Access Act 2009 to enable the Marine Management Organisation to make byelaws to protect marine features in circumstances where the need for protection is not necessarily urgent.
It is good to see that Government Members managed to refresh themselves appropriately during our short break. I will not carry on speaking until Opposition Members return. You will be pleased to hear, Mr Hanson, that we have a long oratory ahead of us about the protection of the marine environment and shipwrecks, so you can look forward to that. In all honesty, this should be relatively brief. It picks up on the discussion that we had on the aquatic environment the other day.
The amendment seeks to expand the remit to protect marine features when it is not specifically urgent to ensure we care for our marine environment proactively. I will not go on about shipwrecks too much; we have already been through a number of reasons why protecting them is important. However, last week when I referred to archaeological and historic features, the Minister contended that archaeology is addressed by marine licensing under the Marine and Coastal Access Act 2009 and the Protection of Wrecks Act 1973. It is important to note that fishing is not subject to marine licensing under the MCAA because licensing offers no protection in respect of wrecks. In addition, the Protection of Wrecks Act does not restrict fishing activity, and assurances were given during its introduction to that effect back in the ’70s:
“The situation of designated historic wreck sites is different. There will be no bar on any kind of fishing from the surface, either commercially or for sport.”—[Official Report, 4 May 1973; Vol. 855, c. 1706.]
So said a politician in the ’70s, long before I was born. A member of the Lords said:
“My Lords, the Bill does not prohibit navigation, anchoring, fishing or bathing within these restricted areas, except when those activities amount to obstruction of an authorised salvage operation.”—[Official Report, House of Lords, 17 May 1973; Vol. 342, c. 931.]
That is why the Opposition believe that it is necessary to have specific provisions for archaeological and historic features within fisheries legislation. I am grateful for the support of the Honor Frost Foundation Steering Committee on Underwater Cultural Heritage, which dug out those records from the 1970s. The amendment is necessary to ensure that underwater and aquatic environments are protected, especially the historic wreck sites. Will the Minister address those concerns?
The Minister for Agriculture, Fisheries and Food (George Eustice)
I thank the shadow Minister for his contribution. The real purpose of schedule 7 is to make consequential amendments to the Marine and Coastal Access Act to ensure that the suite of powers contained in the Act, to make byelaws both within and outwith marine conservation zones, can be extended to the English offshore region: the zone that would currently be affected predominantly by EU law and the common fisheries policy.
Amendment 68 proposes deleting the word “and” and inserting the word “or”. The schedule states that
“there...may be reasons for the Secretary of State to consider whether to designate the area as an MCZ”.
The amendment would add the word “or” before the phrase,
“that there is an urgent need to protect the feature.”
New section 9 specifically relates to section 132 of the Marine and Coastal Access Act and the designation of marine conservation zones. It gives the powers to designate in those zones where there is an MCZ and where there is an urgent need to protect a feature: in other words, where it is under consideration to designate a zone as a marine conservation zone, but there is an urgent threat to that emerging policy and therefore a need to act expeditiously.
In the narrow context in which paragraph 9 operates, which is simply around the designation of marine conservation zones, the use of “and” is the appropriate link between paragraphs (2)(1A)(a) and (2)(1A)(b) because they are interdependent. This particular power would be used in circumstances only in which someone intended to have a marine conservation zone. Other parts of schedule 7, not least paragraph (6), set out broader byelaw-making powers that can be used, whether or not the feature that somebody attempts to protect is in a designated marine conservation zone.
I hope that I have been able to explain to the hon. Gentleman why “and” is used in the paragraph—because the sub-paragraphs are interdependent—rather than “or”, which suggests that they should stand alone. As I said, this is within the narrow context of a soon to be designated marine conservation zone.
Luke Pollard
I thank the Minister for his remarks. I suspect that his officials will revisit provisions on the protection of wrecks when the Bill goes to the House of Lords. The Minister will be relieved that he will not have to repeat his speech about the aquatic environment for a bit.
Importantly, the purpose of the amendment on protecting our marine heritage is to make sure that conflict between fishing and the protection of our natural and marine heritage sites on the seabed is understood and managed in advance of its arising. However, on the basis of the Minister’s remarks, and in anticipation of our friends down the corridor making similar forceful arguments on the basis of what the Minister said, I am happy to withdraw the amendment at this time. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the schedule be the Seventh schedule to the Bill.
George Eustice
Schedule 7 simply defines the byelaw-making powers, provided for under clause 38, conferred on the Marine Management Organisation and Ministers of the devolved Administrations for the enforcement of marine conservation standards. Schedule 7 defines the scope and procedure for creating byelaws in the UK’s exclusive economic zone by the MMO in England and Northern Ireland, or Ministers in Scotland and Wales, for the purpose of protecting the UK’s marine environment.
Paragraph 1 introduces an amendment to the Marine and Coastal Access Act 2009, and paragraphs 2 to 5 address the nomenclature in that Act. Paragraphs 6 to 10 insert new clauses into the Act, providing the Marine Management Organisation with byelaw-making powers within the English offshore region for the purpose of preserving marine flora or fauna, marine habitats or types of marine habitat.
Question put and agreed to.
Schedule 7 accordingly agreed to.
Clause 39
Regulations
Luke Pollard
I beg to move amendment 67, in clause 39, page 23, line 30, at end insert—
“(4A) Before making any regulations under this Act, the Secretary of State, Scottish Ministers, Welsh Ministers or the Northern Ireland department (as the case may be) must consult with affected stakeholders”.
This amendment would require the Secretary of State Scottish Ministers, Welsh Ministers or the Northern Ireland department to consult with affected stakeholders before making regulations.
The Minister is keen to say that the Department for Environment, Food and Rural Affairs consults constantly and does not need legislation to help make sure that it does so. However, there are already some requirements in the Bill to consult, and Government amendment 6 added another duty to consult in clause 22, in response to a recommendation from the House of Lords Delegated Powers and Regulatory Reform Committee. Our amendment 67 simply seeks to put in place consistent duties to consult on all regulations provided for in the Bill.
As we have discussed, this duty is particularly important for regulations that receive less parliamentary scrutiny, or none at all, to make sure that affected individuals, businesses and communities have an adequate opportunity to make their views known before the law is put in place—especially when laws are introduced afresh after we leave the European Union. I am sure that the Minister will have spotted other duties to consult in clauses 19, 29, 36, and schedule 1, which requires an element of consultation on the joint fisheries statement, as well as schedules 5, 6 and 7. Our amendment seeks to make sure that, before any regulations are made, there is sufficient consultation with the relevant stakeholders.
Luke Pollard
Therefore the point should be moot. The important thing is how disputes are regulated and managed in the Bill. We need to ensure that it gives confidence to environmental stakeholders operating in the sector, whether they are businesses, fishers or coastal communities, that they will be adequately consulted before any regulations are made under clause 39. It is an important principle to enshrine in the Bill that there must be sufficient good-quality consultation before any regulations are made.
George Eustice
As the hon. Member for Plymouth, Sutton and Devonport points out, we have included an explicit requirement in some clauses to consult where appropriate, generally in cases that raise specific issues that have a bearing on cost recovery, on the proposed sale of fishing opportunities—as in our new clause 22 —or on devolved Administrations. However, I do not think it appropriate to have a statutory requirement to consult on every single measure that might be introduced under the Bill. Such a requirement would be very unusual; the Department’s existing statutory obligations to consult relate predominantly to issues of food safety and food standards. As I have said before, we generally do not need encouragement to consult. Many consultations come across my desk; I often ask officials whether a consultation is really required, but our very strict internal Government guidelines and Cabinet Office guidance mean that we consult regularly on most issues.
I envisage that most of the issues covered by the Bill would be subject to a consultation. We have chosen to introduce a statutory requirement to consult on very significant matters—those that have cost implications for industry or potentially serious implications for the relationship with devolved Administrations—but that does not mean that we will not consult on many, many other provisions in the Bill. Indeed, I anticipate our doing so, but I do not believe that it would be appropriate to put that in the Bill.
Luke Pollard
I thank the Minister for his response, but it is a bit disappointing. The principle of consultation is a fine one. I note what he says about DEFRA undertaking a range of consultations during his time as a Minister, but winning the confidence and trust of the fishing industry after Brexit will depend on any changes to the rules having its full consent and support, whether those changes relate to quota allocation, safety, licensing or any other aspect of fishing. The best way of achieving that is by following the principle of consulting. However, as the Minister has effectively committed to consulting on the key things, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 39 ordered to stand part of the Bill.
Clause 40 ordered to stand part of the Bill.
Clause 41
Extent
Question proposed, That the clause stand part of the Bill.
George Eustice
Clause 41 simply confirms that the extent of the Bill is the whole of the United Kingdom, except in relation to schedule 6. It is a standard clause that appears in all Bills. Schedule 6 sets out the powers of the Welsh Ministers, the Scottish Ministers and the Northern Ireland Department. The Bill extends certain provisions to the Crown dependencies as a result of the UK representing them at an international level.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42
Commencement
George Eustice
I beg to move amendment 112, in clause 42, page 26, line 29, after “Sections” insert
“(Fisheries agreement between the UK and the EU), (Amendments that could have been made under existing powers) and”.
This amendment would ensure that NC22 and NC4 are commenced on the day of Royal Assent.
The Chair
With this it will be convenient to discuss the following:
Government new clause 22—Fisheries agreement between the UK and the EU.
Government new clause 4—Amendments that could have been made under existing powers.
George Eustice
New clause 22 is a significant new clause that the Government have tabled to address some concerns that have been raised in the context of the draft withdrawal agreement, which has returned. As hon. Members will be aware, the draft withdrawal agreement that the House will consider in the new year contains a provision that says that, in the event of there being a future partnership and an agreement with the European Union, it will be necessary by July 2020 to have in place a new framework agreement for fisheries management between the EU and the UK.
New clause 22 simply sets out in statute a point of Government policy that was set out very clearly in our White Paper. As we leave the European Union and become an independent coastal state, it is our clear intention to move away from the current relative stability shares of quota, which are unfair on the British fishing industry, and move towards something that is closer to zonal attachment for the majority of stocks—that is to say, it is about where the stocks reside. The effect of new clause 22 is to place a statutory obligation on the Government not to agree continued access at the current level for the European Union unless we receive an increase in fishing opportunities and secure that all-important departure from relative stability. That means that, in the event of our putting together a new partnership with the European Union, it will not be possible for the Government to conclude the partnership unless our fishing industry sees an increased share of the total allowable catch in return for that continued access.
The approach that we seek to take is similar to what already happens with the EU-Norway agreement, where a framework agreement runs for a number of years but certain presumptions underlie it. The presumption that will underlie our future economic partnership with the European Union, in so far as it relates to fisheries, is that, in return for granting continued access to the European Union, the quid pro quo for the British fleet will be a fairer share of the total allowable catch, which goes above and beyond that which is set out in the current relative stability shares.
Luke Pollard
I appreciate that the Minister is trying to put up a smokescreen by saying that this is a very important new clause and that this is the right place for it, but this justifies the critique of my hon. Friend the Member for Workington (Sue Hayman), who said that the Bill was hurried out too quickly, and that its implications had not been fully understood. An element as important as the Minister suggested new clause 22 is should have been included in the Bill in the first instance, and not added only when the political problems with the withdrawal agreement emerged.
I have a number of questions about the new clause. It includes the new term “Union fishing boats”. Will the Minister set out how that differs from the term “foreign fishing boats”, which is used in the rest of the Bill? We must make sure there are no loopholes that can be exploited in relation to the distinction between Union and foreign fishing boats.
In the event of what some in the fishing industry regard as the inevitable sell-out by people above his pay grade, can the Minister tell me how this Bill would be changed when there is potentially no additional quota or fish allocated to UK fishers? Can that be done for this part of the Bill under the Henry VIII powers that the Government possess, or would it require new primary legislation to alter this part of the Bill, in the event that there is a betrayal of fishers in any future negotiations? I ask that because the experience of fishing is that it was promised that it would be excluded from the transition period, only to find that those promises from the Secretary of State and indeed the fisheries Minister himself were worth nothing, which remains a very raw sore for many of our colleagues in the fisheries sector. There are some important aspects to this.
The principle is one that I can support: we should get a fairer share of fish. Relative stability has poorly served our coastal communities and fishing industry, and the move to zonal attachment is one that is supported by Labour as well as the Government. How that is done is uncertain in this Bill, and what promises will be delivered is also uncertain in this Bill, because so many of those promises will be subject to the further negotiation that will follow if any deal is done and then if any economic and future partnership is put in place.
There is an awful lot of uncertainty in relation to that, and I would be grateful if the Minister could set out how the Bill can be changed should there be a betrayal of the fishing industry, and if he could explain the distinction between “Union” and “foreign” fishing boats.
Alan Brown
It is a pleasure to serve under your chairmanship again, Mr Hanson.
I think I am slightly more cynical than the previous two contributors. We know this was a much-trailed new clause, which was intended to give reassurance to the Brexiteers that the fishing industry will not be sold out. It was actually intended to sway those MPs, or, as the Minister put it earlier, convince those with concerns about the withdrawal agreement. Given the current chaos that the Government are still in, can the Minister say how that has gone, in terms of convincing those MPs that all is good thanks to this new clause?
Also, considering that throughout the sittings of this Committee the Government have voted down amendments that they say do not need to be in the Bill or that are covered elsewhere, particularly statements of good intent, it seems to me that this new clause is one of those superfluous clauses, which normally the Government themselves would speak out against.
I would not quite say that the new clause is in “Yes, Minister” language, but it is certainly drafted with loose language that is not particularly binding. Subsection (2) states:
“The Secretary of State must pursue the following two objectives”.
The “objectives” are things that we can actually agree on, so that is all well and good, but being asked to pursue something and being duty-bound to deliver it are vastly different propositions. We can ask anybody to pursue something, but the likelihood of them getting an outcome is slightly different.
Subsection (3) says:
“The first objective is that the agreement should provide for annual negotiations”.
Again, I agree that that is desirable, but clearly it is non-binding. It says “should” and we cannot bind the EU, the other side. That in itself stands out.
Subsection (4) is the standalone objective, which is that EU
“boats are not granted access to UK waters in any year unless the fishing opportunities…are…greater than those…available under relative stability”.
Again, that is fine as an objective, but no one expects EU boats to be banned outright from UK waters.
Subsection (5) provides a real get-out clause for the Secretary of State, because it provides for him or her to be the one who assesses whether the opportunities are greater than they would otherwise have been under the CFP. Where is the transparency in that assessment? How will it be carried out and who will be able to challenge it?
In many ways, the new clause is pointless, put in as a political means to an end—to sway Brexiteers, although it has not even been able to do that. I would like to hear the Minister’s views on that.
George Eustice
I wondered whether during the break too many hon. Members had spoken to Martin Salter—there are a lot of “glass half empty” perspectives.
Since the Bill was published and Second Reading, we have had the conclusion of the withdrawal agreement, which is now before the House. That final withdrawal agreement included the reference to the need to have a plan in place by July 2020. Concerns were expressed that fisheries might be bargained away, as a number of hon. Members have said. I therefore think that it is absolutely right, since it is not at all the intention or plan of the Government to do such a thing, that we put in place on the face of the Bill, in statute, the safeguard to ensure that we get a fairer share of the total allowable catch in exchange for future access.
Alan Brown
Again with reference to the language of “should” and “pursue”, how does the new clause—even when in statute—stop future trade agreements or even the final outcome of the EU withdrawal Bill, with the backstop and so on, doing something else? How does the new clause prevent the other scenarios under the EU (Withdrawal Agreement) Bill?
George Eustice
Because the second objective is clear: as a consequence of giving access to our waters, we want a fairer share of the total allowable catch. Having seen a few fisheries negotiations now, they have—put simply—three key variables: overall size of the catch for each stock, or the total allowable catch, and we argue each year about the science on each stock; the allocation of those stocks, or who gets what slice of the cake, and at the moment we get a very unfair slice of many stocks, in particular down in the channel and in the west country; and, finally, the issue of access.
In any fisheries negotiation, access is the trump card, because when push comes to shove, we can say to countries fishing in our waters, “If you think that you can catch that quantity of fish to have that share of the total allowable catch, catch them in your own waters.” That flushes out the positions of other states in that negotiation. As a country, we are in a powerful position, because within our exclusive economic zone we have a very large fisheries resource to which many other countries seek to have access. The quid pro quo for future access to that stock will be that we have a fairer share of the total allowable catch—that is a normal dynamic in any fisheries negotiation. That is the approach we will take.
Alan Brown
I accept there is an opportunity for a greater share going forward, but the Minister is saying that if this measure is in statute, we move to that position quicker. Will he explain why the new clause will prevent the UK from getting into the backstop situation? How is that compatible with the backstop?
George Eustice
In a backstop situation, there is no withdrawal agreement, and there is no need for a fisheries agreement with the EU. That said, we would probably still seek to put one in place. In a backstop situation, however, the default is that we have complete control over access to our waters, there is no agreement on fisheries and there are no undertakings to give any access to the EU at all. It is also the case that in the backstop situation there would be tariffs on fisheries products that go into the European Union. That is the position as far as the backstop is concerned.
Alan Brown
Does the Minister accept that in the backstop there would not be tariffs on fish exported from Northern Ireland, but there would be tariffs on fish exported from the Great Britain mainland, thereby putting Scottish and other UK fisherman at a disadvantage compared with Northern Ireland?
George Eustice
My understanding is that in the backstop there would be tariffs on all fish from the UK.
George Eustice
I will clarify that before the end of the debate, but principally, yes. The principle of the backstop—which we all want to avoid—is that there would not be tariff-free trade in fisheries products, but equally we would not be obliged to give any access to our waters.
Jeremy Lefroy (Stafford) (Con)
Subsection (5) of the new clause talks about the opportunities that would have been available for that year under the common fisheries policy. Will there be some kind of sunset clause to the new clause? As time goes on and the common fisheries policy becomes more of a distant memory, it will be very difficult to calculate what the UK would have been able to get under the CFP in five or ten years’ time. I can see how that would work for the next two or three years, but in five, 10, 15 or 20 years’ time, the calculation will be very difficult, if not impossible, to make.
George Eustice
My hon. Friend makes a fair point, but we will know what the relative stability shares on each stock are at the point that we leave. Indeed, the relative stability share is what it says on the tin—relative stability means that nothing changes. The shares that we have for each stock have not actually changed since the early ’80s, and we can still reference today’s shares based on what was agreed in the late ’70s and early ’80s. This is not a dynamic process; relative stability is set in concrete. That is part of the problem for us.
The shadow Minister asks why we refer to “Union” vessels rather than “foreign” vessels. The point is that there are foreign vessels seeking access to our waters from countries that are not members of the European Union, principally Norwegian, Faroese and Icelandic vessels. Therefore, “Union” vessels specifically refers to the EU fleet, rather than those from other third countries, which are not covered, although we would apply the same principles. He also asked whether the provision could be changed. It could be changed with primary legislation, but this particular provision could not be changed with a statutory instrument of the sort that he outlined. I believe that new clause 22 is an important new clause that clearly sets down the Government’s approach to getting a fairer share of the total allowable catch on these stocks in exchange for any future access. I beg to move the Government’s new clause 22 and amendment 112.
The Chair
We will come to the new clauses later in proceedings. The proposals before us at the moment is amendment 112 to clause 42.
Amendment 112 agreed to.
Mr Carmichael
That would be beneficial. I can think of a number of people I have known over the years who have done exactly as the hon. Gentleman suggests. However, the pool will still be those who grow up in fishing industries, who—to pick up on the earlier point by the hon. Member for Plymouth, Sutton and Devonport—get their first interest piqued by recreational angling. Those living in island or coastal communities can become interested when all the opportunities are around them.
The Minister has been to the NAFC fisheries college in Scalloway, Shetland. He has praised its work, as we all do. It is a fantastic institution, but it lives pretty much hand to mouth. With the best will in the world, there are not the resources at the moment to ensure a secure future for an institution such as that. If that formed part of a strategy, which would have to be a wide exercise, there would be an obvious sea of opportunity for institutions such as that. I commend the hon. Gentleman for moving the amendment; I suggest it is significant and an opportunity for the Minister to make good some of the sentiments that we have heard from Ministers in other Departments.
George Eustice
Right hon. and hon. Members have raised a very important issue. They will appreciate that it is predominantly an issue on which other Departments lead, such as the Department for Education on apprenticeships. Immigration, particularly of non-EEA crews, which is a contentious issue in parts of the UK—notably in Northern Ireland and Scotland—is a matter for the Home Office. Nevertheless, I have made representations on behalf of the industry to Home Office Ministers. At a recent debate, I said I would go back and have that discussion again. Right hon. and hon. Members will appreciate that I have not quite had the time to do that yet, but it remains on my to-do list. I will engage on the matter of non-EEA crews with the Home Office in the new year.
When it comes to skills, I am aware that some specific fishing issues have meant that the apprenticeships model has not always worked as well as it should. One of the issues that the industry has raised is that there is a practice of giving a share of the catch value to the fishermen on crews, which does not always sit very easily with how apprenticeships are structured, because those involved have to be on a fixed salary to access them. There are some challenging issues, such as that one, which the Department for Education is looking at.
However, I want to limit my comments to what the fishing industry is doing. The seafood industry leadership group, which has been sponsored and supported by the levy body Seafish, has established a special authority to deliver its Seafood 2040 strategy. Part of that includes delivery of a single cross-sector seafood training and skills plan and supporting businesses in the seafood supply chain to recruit workers with suitable skills.
We recently announced an additional £37.2 million of funding for new projects approved under the European maritime and fisheries fund during 2019 and 2020. Some of those projects could include the delivery of skills and training. In addition, we have announced that the Government will put in place new domestic long-term arrangements to support the UK’s fishing industry from 2021, with new schemes to support that.
Across the country we have some centres of excellence for training when it comes to fisheries. In England, we have the Whitby & District Fishing Industry Training School, which has a great track record. As a mentioned earlier, I visited Shetland with the right hon. Member for Orkney and Shetland a few years ago, which the marine training school is based. In recent years we have trained several hundred new fishermen through the various schemes, so it is not all bad news, but I recognise that there is more to do. In particular, that project of the seafood industry leadership group is best placed to pull together a skills plan in the area in question.
Skills is a devolved issue, and the inference with respect to new clause 24 is that there would be a UK-wide skills strategy, as there is a requirement to consult Scottish and Welsh Ministers and the Northern Ireland Department. I suspect that Scottish Ministers in particular would want rather more than a consultation on a devolved area. We can address the matter as England, and it will be for Scotland, Wales and Northern Ireland to address it for themselves.
I hope that I have reassured the hon. Member for Plymouth, Sutton and Devonport that I agree that this is an important issue and that there have been difficulties in the past with some design features of the apprenticeship scheme. We have raised those previously with ministerial colleagues and they have sought to address them. However, the new clause goes somewhat beyond the scope of the Bill, which deals with fisheries management and opportunities, rather than skills. Skills are a matter for a different Department.
Luke Pollard
I assure the Minister that we tried to get a lot of items selected that were outside the scope of the Bill. If we managed to sneak something in, that is because it is within the scope of the Bill, not outside as he suggests.
I am disappointed that the Minister did not pick up the gauntlet that the Opposition have set down, on the matter of skills, and take it more seriously. There is a skills crisis in the fishing industry and if we are to realise the opportunities that will come from Brexit, which the Minister has been so keen to extol, we will need more people in the fishing industry, in the catching and other sectors. That is why we need a cross-Government skills strategy—to support the development of skills across the UK.
The Minister mentioned that there are a number of areas of best practice, and indeed there are. Several places are doing a good job with skills, but the problem is that they are all struggling for funding and to make what they offer fit with other bits of Government policy that the Minister has set out. A skills strategy would present the opportunity to identify some of the problems and support areas of additional growth. The seafood industry leadership group seems to be on to the right thing, but I have said that it is not enough to allow Seafish and its other bodies to do all the work. We need senior leadership from Ministers, and, sadly, that did not seem to be forthcoming in the Minister’s response. On that basis, we shall not withdraw the amendment, but press it to a vote.
Question put, That the amendment be made.
David Duguid
I am looking forward to the Minister’s response to the amendment. As the hon. Gentleman and the rest of the Committee know, a lot is happening—or not happening—at the moment, so we need to see what comes out of the next few weeks. I would be grateful if the Minister provided whatever assurance he can at this stage about how the Government will ensure that the CFP no longer applies to our fishermen beyond December 2020.
George Eustice
Both amendments seek to achieve the same purpose, which is effectively to make it harder to extend the implementation period beyond December 2020, as currently provided for in the withdrawal agreement. Underlying the amendments is the clear sentiment in the fishing industry, on which I think there is almost cross-party consensus, that we cannot get out of the EU fast enough. The common fisheries policy has been a disaster—we do not get a fair share of stocks—so it is entirely understandable that the fishing industry and others would like us to become an independent coastal state with our own seat at the table, negotiating our own fisheries resources and getting a fairer share of the total allowable catch, as soon as possible.
We currently envisage the implementation period running until the end of 2020. As we discussed earlier, in the event that we are unable to conclude a future partnership with the EU during that implementation period, and that that is apparent by July 2020, the Government will have a choice of one of two options. If we have made good progress and are close to getting a new agreement in place, there will be an opportunity to extend the implementation period. That might be for just a few months to ensure that things can be put in place. If, however, the Government judged that the prospects of getting a future partnership were low—or the prospects of getting one in the foreseeable future were low—they could opt to embrace the so-called Northern Ireland protocol backstop.
Alan Brown
Is what the Minister says not completely contrary to the answers he gave about new clause 22? He said the new clause would stop us being in a backstop position—it would override that—but now he says, “We can’t accept this date because there’s the potential of the backstop and extending the implementation period.”
George Eustice
New clause 22 applies explicitly in the case of our creating a new partnership—not extending the implementation period, not falling into the backstop, but actually having a new partnership. It prevents the Government from making concessions on fisheries for other advances elsewhere. That is the point. It is separate—it addresses the third option, where we get what we are aiming for, which is an agreement.
Alan Brown
Equally, in his answers to questions about new clause 22, the Minister said it was all about being outside the common fisheries policy, so why not accept a date?
George Eustice
Amendments 1 and 35 are not about our future economic partnership, which is a separate concern that we have addressed elsewhere—obviously the withdrawal agreement has its complexities. If in July 2020 we face either a short extension of the implementation period or going into the backstop, the Government will have a choice.
George Eustice
I will give way in a moment, but I want to clarify a point that I made earlier about tariffs, because I know that it raised eyebrows. The position is that if there is not a fisheries agreement, and if the backstop applies, there will indeed be tariffs on fisheries and agriculture products. However, special arrangements would be made to ensure that Northern Ireland vessels that land in Northern Ireland—and only Northern Ireland vessels that land in Northern Ireland—would not have to pay tariffs, although tariffs would apply to fish moved from Great Britain to Northern Ireland. I thought I should take the opportunity to correct the record because my earlier description was less comprehensive than it should have been, although elements of it were correct.
Mr Carmichael
“Less comprehensive than it should have been” is a very nice way of describing it. Should I take it from what the Minister says that, of the two options he describes, the backstop rather than an extended transition period would be preferable for the fishing industry?
George Eustice
From the very narrow perspective of the fishing industry, that is almost certainly the case. In the backstop, we would have complete control of our waters, whereas if the implementation period were extended, the current rules would continue to apply.
Mr Carmichael
How likely does the Minister think it that when the Cabinet comes to consider the position, as it will almost certainly have to at some point, the fishing industry will have its way against the other considerations under discussion?
George Eustice
Highly likely. One thing I can tell hon. Members is that the Prime Minister has absolutely championed fisheries throughout the negotiations. Indeed, that is the reason for the amendments that we have made and the reason why the withdrawal agreement made none of the concessions on fisheries that several people had anticipated. It was a clear red line that the Government held to.
Mr Carmichael
In saying that the Prime Minister has championed the fishing industry throughout the negotiations, the Minister is being a little less comprehensive than he might be. May I remind him that it was the Prime Minister and the right hon. Member for Haltemprice and Howden (Mr Davis) who agreed to the industry’s being put into the transitional arrangements? If she had been championing it at that point, that would never have happened.
George Eustice
I understand the right hon. Gentleman’s point, but I strongly disagree. I was involved in the final run-up to the withdrawal agreement. Of course there was pressure from the EU to give undertakings on access, but we refused to give any such undertakings. I believe that the agreement we have will be absolutely right for the fishing industry.
Mr Carmichael
If the Minister is right about that, why were Ministers, especially the Prime Minister, still making the promise until a couple of weeks before it was eventually sold out?
George Eustice
Both the Secretary of State and I argued clearly and strongly—and the Prime Minister shared our view—that it would have been preferable for fisheries not to be covered by the implementation period. We do not necessarily think that that was even necessary, but ultimately the transition period is a short one that lasts only until the end of December 2020. In the interests of an orderly Brexit, it was a concession that had to be made to get an implementation period for the short term. When it comes to our long-term partnership, we have been absolutely clear that we will make no such concessions.
Let me return to the amendments. Their impact would clearly be to make it rather more difficult for the Government to choose a course of action that extended the implementation period; indeed, that is probably the intention behind them. The shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, asked how that could be undone. As with the previous amendment, it would require primary legislation. Things can always be undone, but that would need a Bill with parliamentary support, so it would not be easy to remove such a provision.
Luke Pollard
The fishing industry is known for its plain talking and I think that many people watching this sitting will be confused as to the Minister’s choice of words. May I invite him to express himself in plain English, so that the entire industry can see that he is basically hedging his bets? Is that his message—that the industry should not take solace in the idea that the provisions will be delivered on that date?
George Eustice
That is not what I am saying at all. I am saying that the amendment is unnecessary because we are confident that we will get a withdrawal agreement with the European Union. I am confident that will take effect before the end of the implementation period, and therefore I am confident that we will be negotiating as an independent coastal state in December 2020.
In so far as some people may have some doubt about the nature of the withdrawal agreement and what type of arrangement we might finally get with the European Union, my message is this: let us see what happens in January. Those events will transpire before this Bill returns on Report, at which stage we will be in a more informed position to make a judgement on such amendments. Therefore, I hope that my hon. Friend the Member for Banff and Buchan and the right hon. Member for Orkney and Shetland will keep their powder dry and consider this matter at a future date.
I do not know how many people are watching this sitting, but if there are many of them, as the hon. Member for Plymouth, Sutton and Devonport has said, I am delighted that there is such interest in this vital industry and in our taking back control of our own waters.
Mr Carmichael
If we ever make kicking the can down the road an Olympic sport, Ministers in this Government would win gold, silver and bronze virtually in perpetuity.
First, let me say that I do not doubt for a second the Minister’s commitment to our fishing industry. That is why I am keen that we get him out to Brussels tonight to do the year-end negotiation. However, whatever words were coming out of his mouth, his body language was slightly different, and I think that the confidence that he speaks of is not actually met, and is certainly not matched, in the industry.
I pushed the Minister with a number of interventions in the course of his speech, not just because it was entertaining sport, although it undoubtedly is and can be, but because I wanted members of the Committee to see the position that the Government are in—the whole series of contradictions and broken promises that have brought us to this stage.
The hon. Member for Banff and Buchan said that his is a probing amendment. That matters, because if he were to vote with us—presuming that every Opposition member of the Committee were to support my amendment—the proposed date would go in the Bill. On the question of jam tomorrow, if, as the Minister says, there is a different situation come January, it would be open to the Government to table amendments on Report and change the date back again, or they could propose a different date, whatever that would be.
The amendment would send a greatly reassuring signal to the industry that it was being listened to and that its concerns were being acted on, and that the Government were not going to simply take things on trust. The hon. Member for Banff and Buchan, who added his name to a virtually identical amendment, has the opportunity to deliver that and make the change. It is for him to decide. He is ultimately accountable to his constituents; we are all accountable to our constituents. It is for him to decide whether he takes the assurances from the Minister, given all their various inconsistencies and contradictions. For that reason, I will not withdraw my amendment but press it to a vote.
Question put, That the amendment be made.
George Eustice
Clauses 39 to 43 will come into force on the day on which the Act is passed. Those are the later parts of the Bill. As we have discussed today, most of the Bill’s provisions will come into force on such a day as the Secretary of State may make them by regulations. Different days may be appointed for different purposes. Hon. Members will understand that the Bill contains a broad range of purposes. That is why we believe it is important to have that flexibility to commence different parts of the Bill at different times.
David Duguid
Before the Minister finishes, I want to take the opportunity to thank the right hon. Member for Orkney and Shetland for tempting me with the opportunity to do what might have seemed a slick and easy solution to the issue that we discussed at some length. As the Minister has already said, there is a lot going on just now. I will not let this go—
George Eustice
My hon. Friend the Member for Banff and Buchan makes an important point. The provisions in clause 42 are set out as they for a good reason, which is that we need flexibility in subsection (3) to ensure we can commence different parts of the Bill at different times.
Question put and agreed to.
Clause 42, as amended, accordingly ordered to stand part of the Bill.
Clause 43
Short title
Question proposed, That the clause stand part of the Bill.
Luke Pollard
The Minister could have called this the sustainable fisheries Bill. That missed opportunity could have been reflected in the short title. It would have sent a strong message to the industry and to all those people in fisheries that we will create a sustainable fishery after Brexit. That could have been put on the face of the Bill, but as the Opposition are not allowed to table amendments to a short title, we were unable to do that.
Fisheries Bill (Tenth_PART2 sitting)
George Eustice ExcerptsMonday 17th December 2018
(5 years, 11 months ago)
Public Bill CommitteesRead Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 17 December 2018 - (17 Dec 2018)
The Minister for Agriculture, Fisheries and Food (George Eustice)
I beg to move, That the clause be read a Second time.
New clause 5 essentially addresses an inconsistency between the devolution settlements for Wales and for Scotland and Northern Ireland. Unlike the devolution settlements for Scotland and Northern Ireland, the National Assembly for Wales does not currently have legislative competence in relation to fisheries in the offshore area, although it already has executive competence for those areas. The Bill, combined with our withdrawal from the European Union, will mean that the devolved Administrations will have more powers than ever before, and we believe it is right for this modification to be made so that the Welsh Government can exercise their legislative competence as set out in the Bill.
The new clause, therefore, will enable the Assembly to make primary legislation on fishing, fisheries and fish health for the whole Welsh zone. The Welsh offshore region is the area of sea outside the territorial sea—that is, beyond 12 nautical miles from the coast, but within the exclusive economic zone. It is a relatively small area, stretching at its greatest extent to 30 nautical miles from the coast of Wales. Without this new clause, the National Assembly for Wales could not make its own primary legislation relating to fisheries in the Welsh offshore region and the management of fisheries in Welsh waters would be more piecemeal and less effective.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
There are a couple of points I want to make on this new clause. I understand that the Welsh Labour Government have raised concerns with the Government regarding the National Assembly’s legislative competence for fisheries matters beyond Welsh inshore waters. The Welsh Government are seeking to bring the National Assembly’s competence in line with Welsh Ministers’ Executive competence, which would make the introduction of a pan-UK framework less complex. The Minister’s letter to the Committee about new clause 5 explained that this is designed to address the need for an extension to the Welsh Government’s legislative competence to bring Wales in line with Scotland and Northern Ireland.
Can the Minister formally confirm for the record that new clause 5 adequately addresses the issues raised by the Welsh Government regarding the Bill, and that they have been consulted on and have agreed to the terms of new clause 5? Can he also explain why this issue was not addressed at an earlier stage, so that the Bill could be introduced in a more complete form? Furthermore, I understand that the Welsh Government have also raised concerns in relation to clause 18 and the Marine and Coastal Access Act 2009. Can the Minister tell the Committee when discussions on those issues will be concluded, and whether he plans to table further amendments to deal with them during the Bill’s progress?
George Eustice
I can indeed confirm that we have developed the new clause in conversation with the Welsh Government. It was a specific request that they made after the Bill had been published and as it approached Second Reading, and we needed to go through the Government write-round process to get agreement to make the change. Obviously, there was earlier legislation as recently as two years ago in which Executive competence was given to the Welsh Government. At that point, they did not ask for legislative competence; I think everybody can agree that that was probably an oversight at the time and it is now important that they have that legislative competence. I can reassure the hon. Gentleman that this amendment, as drafted, enables the Welsh Government to have the legislative competence that they seek, that it has been developed in discussion with them and that it therefore addresses their concerns in that regard.
Question put and agreed to.
New clause 5 accordingly read a Second time, and added to the Bill.
New Clause 22
Fisheries agreement between the UK and the EU
“(1) This section applies if—
(a) the United Kingdom and the EU enter into a withdrawal agreement, and
(b) pursuant to that agreement, the Secretary of State enters into negotiations with the EU, on behalf of the United Kingdom, for an agreement about the management of shared stocks (a ‘fisheries agreement’).
(2) The Secretary of State must pursue the following two objectives when negotiating a fisheries agreement.
(3) The first objective is that the agreement should provide for annual negotiations to determine fishing opportunities.
(4) The second objective is that the agreement should have the effect that Union fishing boats are not granted access to UK waters in any year unless the fishing opportunities for that year that are available for distribution by the United Kingdom are (looked at in the round) greater than those that would have been so available under relative stability.
(5) The reference in subsection (4) to the fishing opportunities for any year that would have been available for distribution by the United Kingdom “under relative stability” is to the fishing opportunities that would, in the opinion of the Secretary of State, have been so available for that year under the common fisheries policy, were the United Kingdom still a member of the EU.
(6) In this section—
‘exclusive economic zone’ has the meaning given by Part 5 of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941);
“fishing opportunities” means—
(a) the maximum quantities of shared stocks of particular descriptions that may be caught annually in particular areas within UK and Union waters, and
(b) the maximum number of days that fishing boats may spend at sea annually, in particular areas within UK and Union waters, fishing for particular descriptions of shared stocks;
‘shared stocks’ means stocks of sea fish which are found—
(a) in waters within the exclusive economic zone of the United Kingdom, and
(b) in waters within the exclusive economic zone of a member State;
‘UK waters’ means waters within British fishery limits;
‘Union fishing boat’ means a fishing vessel flying the flag of a member State and registered in the EU;
‘Union waters’ has the meaning given by Article 4 of the Common Fisheries Policy Regulation;
‘withdrawal agreement’ means an agreement setting out the arrangements for the withdrawal of the United Kingdom from the EU in the terms (or essentially in the terms) endorsed by the meeting of the European Council held on 25 November 2018.”—(George Eustice.)
This new clause would require the Government, when negotiating an agreement with the EU about fisheries, to pursue the objectives that fishing opportunities should be subject to annual negotiation, and that the UK should receive more fishing opportunities than it does under the common fisheries policy.
Brought up, read the First and Second time, and added to the Bill.
New Clause 1
Sea Fish Industry Authority: powers in relation to parts of UK etc.
“(1) The Fisheries Act 1981 is amended as follows.
(2) In section 2(1) (duties of the Authority)—
(a) after the third “of” insert, “(amongst other things)”,
(b) delete the words “as a whole”.
(3) After section 3 (powers of the Authority), insert—
“3A Exercise of functions in relation to different parts of the UK etc.
The Authority may exercise its functions separately and differently in relation to—
(a) the sea fish industry in different parts of the United Kingdom,
(b) sea fish and sea fish products landed in different parts of the United Kingdom,
(c) sea fish and sea fish products trans-shipped in different parts of the sea within British fishery limits adjacent to different parts of the United Kingdom.
3B Delegation of functions
(1) The Authority may authorise any other person to exercise on its behalf such of its functions and to such extent as it may determine.
(2) The Authority may give to any person authorised under this section to exercise any of its functions—
(a) financial assistance (by way of loan, grant or guarantee),
(b) other assistance including assistance by way of the provision of property, staff or services, for the purposes of those functions.
(3) The giving of authority under this section to exercise a function does not—
(a) affect the Authority’s responsibility for the exercise of the function, or
(b) prevent the Authority from exercising the function itself.”.
(4) In section 11 (accounts and reports), after subsection (7) insert—
“(7A) The report must include details of how income received from levies imposed under section 4 has been applied in the financial year in respect of each part of the United Kingdom by the Authority in exercising its functions including in particular details, in respect of each part of the United Kingdom, of how the income has been applied by the Authority in—
(a) promoting the efficiency of the sea fish industry in that part,
(b) promoting the marketing and consumption of, and the export of, sea fish and sea fish products relating to that part.”.
(5) In schedule 1 (the Sea Fish Industry Authority), in paragraph 16—
(a) before sub-paragraph (1) insert—
“(A1) The Authority must appoint a committee for the purpose of assisting the Authority in the exercise of its functions in relation to the sea fish industry in Scotland.
(A2) The committee is to consist of or include persons who are not members of the Authority.
(A3) The Authority must consult the committee on the exercise of its functions in relation to the sea fish industry in Scotland.”,
(b) in sub-paragraph (1), before “committees” insert “other”,
(c) in sub-paragraph (2), for “such committees” substitute “committees appointed under this paragraph”.”—(Brendan O'Hara.)
This new clause would give the Sea Fish Industry Authority greater flexibility to exercise its functions separately and differently in different parts of the UK. It would also require Seafish to report how income received from the levies it imposes has been applied in respect of each part of the United Kingdom.
Brought up, and read the First time.
Brendan O'Hara (Argyll and Bute) (SNP)
I beg to move, That the clause be read a Second time.
It is a pleasure to serve under your chairmanship, Mr Gray. I rise to speak to new clause 1, which has been tabled in my name and in those of my hon. Friends the Members for Kilmarnock and Loudoun and for Edinburgh North and Leith (Deidre Brock).
It has been a long-held view of the Scottish Government, and, indeed, of many in the sector, that Seafish, because of the way it is currently constituted, is not sufficiently flexible to meet the needs of the entire sector and requires radical reform. Many have made the case that there is an inherent flaw in Seafish attempting to represent all of the UK while operating in an area in which policy is devolved. In trying to represent the whole of the UK fishing industry, Seafish is viewed by many as providing insufficient support to the sector in Scotland, which all too often results in the poor or unsatisfactory marketing and promotion of Scottish seafood.
The main objective of the new clause is to devolve both the control over funding and the Executive powers of Seafish to Scottish Ministers. It would also devolve control of the Scottish aspects of the fishing levy, giving Scotland a key role in deciding how the Scottish share of the fishing levy should be spent. We believe that this new model will provide much greater flexibility for Seafish to exercise its functions separately and differently in the different parts of the UK. The new clause would also require Seafish to report the income it receives from the levies it imposes and how those are applied in each part of the United Kingdom.
As I have often said in Committee, not only is fishing devolved but there is absolutely no standardised version of the fishing industry across the UK. From Truro to Thurso and beyond, it is multi-layered, complex and nuanced, and is often very localised. Given that there is no one single fishing industry pursuing a common set of clear, shared objectives, it is surely ludicrous that we still have a one-size-fits-all fishing authority charged with securing a sustainable, profitable future for all parts of the seafood industry. How can Seafish practically offer regulatory guidance and service to the industry—including catching, aquaculture, processors, importers, exporters and distributors of seafood—as well as looking after restaurants and retailers in such a complicated and differentiated industry?
This is not an attack on Seafish or the people who work there. Rather, it is recognising that, with an aggregated coastline of almost 20,000 miles containing a host of different fishing practices and interests, it is in an almost impossible situation in trying to work in the best interests of everyone.
George Eustice
We disagree with the new clause and think that it is unnecessary. The issue of Seafish and the seafood levy was looked at in detail as part of the Smith Commission recommendations as recently as 2014. The new clause would go beyond what that commission recommended, which was that the power to impose levies should not be devolved to the Scottish Parliament.
However, we have taken account of some of the issues raised by the Scottish Government and by Richard Lochhead, the Minister at the time. In response, as well as having permanent Scottish representatives on its main board, Seafish established a separate Seafish Scottish advisory committee early this year to advise the board on how the levy should be invested in Scotland. The Scottish industry is also well represented in the sector panels that advise on Seafish’s UK priorities, as I have said.
In 2011, a consultation on the Sea Fish Industry Authority’s regional structures showed little industry support for the kind of devolution of the levy that the hon. Member for Argyll and Bute outlines. Indeed, just 20% of stakeholders supported such a model. A Scotland-focused levy would reduce Seafish’s overall ability to carry out its UK-wide priorities. It would reduce economies of scale and potentially cut across some of our other approaches as a UK-wide entity.
The levy setting already requires the consent of all the devolved Administrations. Periodically, when we want to review the levies, we have a discussion with the Scottish Government about exactly what they should be. There are arguments about which should go up and which should go down, but we have achieved unanimous agreement that we should make the levy change only once, so I do not accept that Scotland does not have sufficient influence at the moment.
Seafish publishes an annual report that sets out in great detail all its activities and funding, how it operates and what its priorities are. I therefore do not believe that we need additional requirements in that regard, since it is already done.
Mr Carmichael
I thank the hon. Member for Argyll and Bute for tabling the new clause, because it is an important topic to discuss and there is no doubt that our current system is capable of improvement. I sound a couple of notes of caution, however, in relation to the proposal for devolution.
We risk breaking up the support that is available by geography rather than by sector. The inshore fishermen in the hon. Gentleman’s constituency, who are catching nephrops, langoustines and others, probably have a fairly strong community of interests with those who are catching in the Irish sea and in the south-west.
Likewise there will be a community of interest in the other sectors, such as the pelagic sector at the other end of the country, the white fish sector and so on. Although I would never close the door on that sort of thing, from my experience, I would require a bit more persuasion that the industry wants or is asking for that kind of reform.
Mr Carmichael
I have essentially reached the same conclusion as the two previous speakers, for slightly different reasons. The EMFF money has been of massive significance to the industry and to communities around the UK coastline. I support some sort of guarantee that that money will continue to go to our fishing industries and communities. The amendment deals, of course, only with guaranteeing that the money will continue to go to Scotland, but it would be unthinkable that the same would not then apply to fishing communities in Wales, Northern Ireland and, indeed, England. I would not start from this position; but ultimately, from the point of view of the industry in the communities, I think the amendment would get us to where we need to be. For that reason I support it.
George Eustice
I disagree with putting a provision of this nature in the Bill, for reasons I shall explain. It is very important with legislation to separate the legal powers that we seek, to engage in such activities as giving financial assistance to the fishing industry, from the way those obligations are funded. That is, and always has been, predominantly a matter for the spending review. Such a provision would be unhelpful.
As to the legal powers, we have set out in clause 28, for England, the legal powers we need to make grant payments; so we are not, as was suggested, relying on some shared prosperity fund. There will be bespoke grants for the fishing industry, and we set out the powers to do that for England in clause 28. Clause 28(8) sets out the fact that there will under schedule 4 be similar powers for the Welsh and Northern Ireland Governments.
Ironically, at the time the Bill was drafted and on Second Reading, the Scottish Government told us they did not want the powers; so I put it to the hon. Member for Argyll and Bute that before the Scottish Government start to say that we must guarantee the money, they should work out how they will guarantee how they will get the legal powers to pay any money out in the first place. They are now asking us whether we may be able to make amendments later, to include those powers.
At the moment there is clearly a gap in the Bill, but that is a consequence of the position that the Scottish Government have adopted, so that they do not have the legal powers to make any grant payments.
Mr Carmichael
The Minister said earlier that the money should come through the spending review, as has long been the case. The EMFF funds have never been part of the spending review; he should know that. The amendment would guarantee the money as a funding stream for the future. What guarantees are there for that funding stream in clause 28?
George Eustice
EMFF comes from the EU budget and is part of the EU’s budget when it is set. It is typically set for a period of five years and is reviewed periodically. As recently as 10 December, the Secretary of State announced that the Government will put in place new domestic long-term arrangements for post-2021, which will enable us to create schemes similar to the EMFF in each of the four Administrations. In addition, he announced an extra £37.2 million of funding to boost the existing EMFF programme, to help the fishing industry prepare for the opportunities coming its way, as my hon. Friend the Member for Banff and Buchan pointed out.
I do not, therefore, believe that the new clause is necessary or appropriate. We have demonstrated, as recently as last week, our commitment to funding fisheries in the future. The Bill makes explicit provision for grants to be made in three of the four Administrations and I would simply say that the hon. Member for Kilmarnock and Loudoun should first consider obtaining the legal powers.
Luke Pollard
In response to an earlier intervention from the hon. Member for Stafford the Minister set a baseline, effectively, on relative stability—about what that meant. Is not it appropriate that there is also a baseline set on funding shares, which is effectively what the amendment says—so that no pennies are lost for Scotland or, indeed, any other part of the UK? Is not that a key attribute, which should be embedded, to follow the logic of what the Minister said to one of his hon. Friends?
George Eustice
I do not think it is the same logic at all. That was a different clause, addressing a different issue—a negotiation with the European Union or a bilateral negotiation with a different country. It was not at all about a collective position that a Government might take with the Treasury. That is different. The Treasury might sometimes adopt positions that not everyone would agree with, but it is certainly not a foreign country; it is part of the Government. For all those reasons I oppose new clause 2 and I hope the hon. Member for Kilmarnock and Loudoun will withdraw it and perhaps consider what might be done on Report to ensure that Scotland has the legal powers it needs to do this.
Mr Sweeney
Even though the new clause may not succeed, it would be worthwhile as a matter of record if the Minister could provide assurances to the industry that it is the Government’s intent that there should be no financial detriment as a result of the changes to the EMFF and the transition to the new financial frameworks that may supersede it.
George Eustice
I think we have demonstrated our intent in the announcements we have made just in the last week that there will be new schemes to replace the EMFF, and the fact that the current scheme will be boosted by £37 million. I oppose new clause 2.
The Chair
Mr Lefroy, you look as though you are trying to get my attention, or the Minister’s attention. If you wish to speak, you can just stand up.
George Eustice
I am grateful to my hon. Friend for making that point. I understand his anxiety; this is the first time in half a century that we are taking control of these policies. I will simply say that the point he raises could be applied to any other area of Government spending. We could argue that there is no guarantee that we will increase spending on the national health service or on schools, and yet we do, because of political pressure brought to bear by hon. Members on both sides of the House, not least on this side. Of course, it is always open to hon. Members, if there is a Budget put forward on the Floor of the House with which they disagree and which does not contain the elements they seek, to vote it down. When we leave the European Union, new checks and balances will come in, and those checks and balances will be the opinion of hon. Members such as him, not the European Union.
Jeremy Lefroy
My hon. Friend is right, but he knows perfectly well that we are not the Bundestag, where they go through budgets line by line; in this House it is in effect an all or nothing thing. Nobody is going to put a Budget in jeopardy over an area such as fisheries, which—absolutely vital though it is—is a relatively small part of the Budget. That points to a real problem that relatively small areas of public expenditure, which are nevertheless extremely important, have in the way we deal with budgets.
George Eustice
I understand that point, but conversely, one could say that the DEFRA budget is small compared with other Departments such as the Department for Work and Pensions or the Department of Health and Social Care. Big changes to our budget actually make a small difference to the overall maths, so far as the Treasury is concerned, so that argument can be made either way.
As I said earlier, we also have the levies, charges and tender incomes referred to in earlier clauses. I gave an undertaking that, on Report, we will seek to give more clarity to hon. Members about how those funds might be deployed to support our fishing objectives.
Alan Brown
The Minister is optimistic about the future prospects and in thinking that I will withdraw the new clause. I thank the right hon. Member for Orkney and Shetland and the hon. Member for Glasgow North East for their contributions.
I think the hon. Member for Stafford actually made the point for me when he expressed his concerns, and looked for reassurances from the Minister, that the money will go to the Treasury. Frankly, I do not trust the Treasury. I say to the hon. Member for Banff and Buchan that at one point there was a £1 billion fund for carbon capture and storage that looked like it was going to go to Peterhead, but the Treasury overrode the Department for Business, Energy and Industrial Strategy and withdrew the funding. That is the problem with funding reviews by the Treasury: it can put a red pen through the funding at any time it likes. The Treasury holds the purse strings.
George Eustice
As with the earlier amendments, I disagree with new clause 3. It goes beyond what was recommended by the Smith Commission, which looked at this issue as recently as 2014. There is no industry support for devolving the Seafish levies. Scottish Ministers already have responsibilities towards Seafish, including with regard to appointments to the board, which are agreed across all four Administrations of the UK. As I said earlier, there is already a Scottish advisory committee to Seafish. It is not appropriate to start to have different levies when parts of the fleet will land fish in different ports around the UK. That would create an unacceptable level of bureaucracy for a relatively small organisation such as Seafish.
Alan Brown
Did the Smith Commission really look at this and the likes of the red meat levy in detail? What recommendations did it make about the red meat levy?
George Eustice
It did look at the issue in detail. The then Scottish Minister, Richard Lochhead, made strong representations about it. In particular, I remember that he wanted to introduce a levy on salmon producers in Scotland. That was one of the thoughts behind the change that he advocated. Those suggestions were considered by the Smith Commission, but rejected. I believe that we should accept that decision, as it looked at the suggestions in detail, and I oppose new clause 3 for that reason.
Alan Brown
I was hoping for a more conciliatory tone from the Minister when I raised the example of the red meat levy, where the UK Government changes were very welcome.
George Eustice
The position with the red meat levy is different. Scotland and Wales feel that they do not get a fair share of the levy because the animals come from there and travel across the border to be slaughtered, and the levy is collected at the point of slaughter. That is not the case with the way that the seafood levy is collected. This is a different issue, about whether it is appropriate to devolve those particular levy charging functions. We do not believe it is.
Alan Brown
I take the Minister’s point about the geographical nature of the red meat levy, and there were concerns that my new clause was about only Scotland, so I accept that. Nevertheless, I will press the new clause to a vote.
Question put, That the clause be read a Second time.
Luke Pollard
The Bill makes no firm commitment on how a shared stock should be sustainably managed, which was one reason why we spoke about shared stocks in the objectives right at the start of our consideration of the Bill. That is extremely concerning, as setting clear sustainability criteria in relation to negotiations with other countries would help to avoid, for example, another mackerel wars scenario.
However, I have some questions about subsection 6 of the new clause, in particular about its unintended consequences for the total allowable catch. It suggests that if, for any reason, a country reduced its allowable catch on sustainability grounds, the other countries in that shared stock would ramp up to get to the total allowable catch, which could have implications for sustainability. It would be interesting to know from the right hon. Gentleman how that might work and how he might allay any concerns on that point.
George Eustice
I do not agree with the new clause. It is unnecessary and could have unintended consequences.
As a country, we already have clear obligations under international law—under both the UN convention on the law of the sea and the UN fish stocks agreement—to co-operate on the management of shared stocks. That is an international obligation that we have as a signatory to both UNCLOS and the UNFSA. Notably, article 63 of UNCLOS requires the UK and all other signatories to
“seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks”.
Both UNCLOS and the UNFSA also contain obligations to achieve maximum sustainable yield.
I do not accept the analysis that there is nothing on sustainability in the Bill. Clause 1, right at the start of the Bill, contains a list of sustainability objectives, including a commitment to MSY and all the objectives that are currently written in the basic EU regulation on the common fisheries policy.
A more likely scenario is that other countries, whether that be Norway or the European Union, would choose to fish unsustainably. In the event that we could not get an agreement, the suggestion here is that we would still set our own catch well below that of other member states. Subsection (6) seems to suggest that other states might set their quota well below maximum sustainable yield, meaning that we could set it higher, provided we had the permission of other member states.
I am not sure what scenario the right hon. Member for Orkney and Shetland envisages. A more likely scenario is that the UK will insist on sustainable fishing, as we always have, since ours is the country that champions sustainable fishing more than any other, but another country might not agree to do so. If we could not get an agreement, that other country might fish unsustainably outside of an agreement.
Our remedy for that, as things stand, is to be very clear, as we were in our White Paper, that access to UK waters is conditional on other foreign countries fishing sustainably. We will have strong leverage to be able to say to our neighbours: “Unless you fish within an agreement and within levels that are sustainable, we will not grant you the access to our waters on which you depend.” That puts us in a strong position. The new clause seems to suggest that the UK is the country that will want to fish unsustainably while everybody else—our neighbours—are the good guys. I suspect the opposite will be the case, but we have other remedies to ensure that we can deliver sustainable fishing by our neighbouring countries.
For all those reasons, and because we already have legal commitments, including in clause 1, and to a joint fisheries statement, I oppose the new clause.
Mr Carmichael
It is a pity that the Minister’s appetite for declaratory clauses appears to have been sated by the introduction of new clause 22. I confess that I struggled to follow some of his reasoning. It comes to the point about subsection (6). Essentially, the Minister seems to be saying that we will behave in such a way that it is unnecessary for us to include the provision in the Bill, because those are our international obligations, although we are not expecting anybody else to follow their international obligations in the same way. I confess that I do not understand the logic of that.
However, having said that, the sustainability point remains. We know from experience of the common fisheries policy that, unless there are principles such as sustainability everywhere, Governments and fisheries managers are always very ingenious at finding ways not to follow them.
Given the lateness of the hour and the fact that we will probably want to return to this issue on Report with a broader audience, I am not minded to press for a Division at this stage, so I beg to ask leave to withdraw the new clause.
Clause, by leave, withdrawn.
New Clause 12
Duty to ensure adequate monitoring and enforcement
“(1) The fisheries policy authorities must ensure that all fishing vessels fishing within British fishery limits and all UK vessels fishing both within and outside of British fishery limits must have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the vessel monitoring system by transmitting position data at least every 20 minutes and sharing such position data with the relevant fisheries policy authorities.
(2) The fisheries policy authorities must ensure that all fishing vessels over ten metres length overall fishing within British fishery limits and all UK fishing vessels over ten metres length overall fishing within and outside of British fishery limits must have electronic monitoring equipment in order to—
(a) provide detailed and accurate documentation of all fishing activities, monitoring of compliance with fisheries and marine management measures and the ability to record levels of discarding, as well as details of catch of species, whether subject to catch quota or otherwise, and
(b) enable the estimation of the size and quantity of the marine biological resources taken or transported and to enable the identification, to the extent possible, of—
(i) the species of marine biological resources taken or transported;
(ii) the types and features of fishing gear used, and
(iii) any technical bycatch mitigation measures used.
(3) The fishery policy authorities must ensure that a comprehensive enforcement framework is developed in accordance with Council Regulation (EC) No 1005/2008, as amended from time to time.
(4) The fisheries policy authorities must by regulations make provision for any technical requirements necessary to implement this section.”—(Mr Carmichael.)
The purpose of this amendment is to strengthen the existing mechanisms for monitoring and control to help prevent illegal, unreported and unregulated fishing. This includes requiring transmission of position data at least every 20 minutes and requiring electronic monitoring equipment on the majority of vessels capable of carrying such technology.
Brought up, and read the First time.
Luke Pollard
We heard evidence on this subject from the director of the Marine Management Organisation, Phil Haslam, who said in relation to enforcement activities around fishing:
“The budget reduction since inception has been in the order of 60%”.––[Official Report, Fisheries Public Bill Committee, ; c. 50, Q101.]
That is simply unsustainable if we are to have properly enforced, well-protected and well-managed fisheries after Brexit. A number of concerns were voiced in the evidence sessions and since. We know that the number of hours of surveillance has dropped significantly since 2010, from 16,000 to just 2,000 now.
If we are to avoid a repetition of the scallop wars, but in UK rather than French waters, we need to ensure that we have sufficient levels of enforcement. It is good news that the Government have decided not necessarily to scrap all the Batch 1 River class offshore patrol vessels. That is a positive step forward, but there has still been no commitment on the number of hours those OPVs may be deployed for enforcement activity; there has just been a headline about their continued service, but with no certainty as to what that will mean.
We need to get much better on enforcement. There are serious concerns in the fishing industry about the focus on enforcement activities by UK ships enforcing in UK waters, which are targeting UK boats rather than foreign boats, which seem to have a lower standard when it comes to a number of different areas. The Government need to get better at enforcement, because the Opposition do not currently have confidence in their ability to enforce in our waters properly, especially when quota will be drawn down against our EU friends after Brexit, as we move from relative stability to zonal attachment. There are serious concerns about whether there is sufficient capacity within the enforcement branches of the Royal Navy’s fisheries squadron.
I will also press the Minister on what that means for inshore vessel monitoring systems. Earlier we asked whether EU boats should have the same requirements to obey the high safety standards and marine environmental protections. Can he confirm that all foreign boats will be required to have IVMS if they are in UK waters after Brexit, as that will help us in our enforcement activities?
George Eustice
I shall try to strike a more conciliatory tone in my response to this new clause, following the comments from the right hon. Member for Orkney and Shetland. I believe that the new clause is unnecessary, although it does highlight an important issue: enforcement. The new clause duplicates existing legislation, including the so-called control regulation—Council Regulation (EC) No 1224/2009—which will be rolled forward into retained EU law. Therefore, the requirements for vessel monitoring systems and data transmission and the provision of information such as logbooks will continue to apply to any vessel fishing in our waters.
In addition, as I made clear earlier, DEFRA has recently consulted on extending VMS requirements to UK vessels under 12 metres in length. Work on this is at an advanced stage and we anticipate bringing forward the regulations next year. The UK also has obligations under the United Nations convention on the law of the sea and the regulations on illegal, unreported and unregulated fisheries, and that requires effective monitoring and enforcement in any event. Also, clause 31 enables the Secretary the State to make regulations to introduce further provisions pertaining to enforcement and control.
The shadow Minister questioned the capacity for enforcement. As we discussed earlier, the three existing fisheries patrol vessels will remain in service—the decision to decommission them has been delayed. In addition, four new offshore patrol vessels will come into service next year. Finally, we have been doing some work with the Border Force cutters, and four vessels operated by the Border Force are capable of doing fisheries work. We have been training Border Force personnel to do fisheries protection work. Finally, on top of all of that, we are in discussions with the Maritime and Coastguard Agency on aerial surveillance, so there will be a substantial uplift in enforcement capacity.
The hon. Member for Plymouth, Sutton and Devonport mentioned funding. That will depend on how much of that capacity we need according to the type of scenario. At this stage, the important thing is to ensure that all of the capacity is there. If we need to access it, we can do so very quickly.
Luke Pollard
Briefly, EU boats are currently required to have IVMS, but there is a data-sharing agreement between all EU member states. Will the Minister confirm that data sharing agreements are in place for IVMS on EU boats and the UK authorities after we leave the EU?
George Eustice
There will need to be an agreement on that, but obviously we have those data-sharing agreements with other neighbours, such as Norway, Iceland and the Faroes. In the absence of such an agreement, there will be no access whatsoever to European vessels. They will not be able to come into our waters unless they comply with our data requirements.
Luke Pollard
The duty to co-operate is a well-established legal text within primary legislation, so there is already an established understanding of what that means. On that basis, I will sit down and let the Minister respond.
George Eustice
I know that we have discussed this issue earlier, but it is already provided for elsewhere in the Bill. I invite the hon. Gentleman to look at clause 5(1), in particular, which states:
“The fisheries policy authorities must prepare and publish a JFS before 1 January 2021.”
There is therefore already a legal obligation on all the fisheries policy authorities. Also, clause 3(1) states:
“A JFS may only be prepared by the fisheries policy authorities acting jointly”.
The fact that every fisheries policy authority is under a legal obligation to agree a JFS, and the fact that statement can be established only by those authorities acting jointly, already gives effect to a legal requirement to act jointly and in good faith to agree such a statement.
Luke Pollard
The title of clause 5 refers to “the first fisheries statements”. Can the Minister suggest what will happen in the event of a dispute on the second or third statements?
George Eustice
In the event that the statement is amended, the same rules apply. It can only be applied by the authorities acting jointly and we will have to agree these things. The first statement must be done by 2021, but any statements after that will obviously also be required, because there is a requirement to have a JFS. There will be more than one and the Bill also sets out that the statement must be reviewed at least every six years.
Luke Pollard
I thank the Minister for those remarks. They do not go much of the way towards reassuring us that the second or third fisheries statements will have any element of co-operation. Therefore, in the absence of a dispute resolution mechanism, which would address disputes in preparation for fisheries statements, and in the absence of him taking on board the duty to co-operate, I think we are storing up trouble that we can quite clearly anticipate in future. I suspect that, as I mentioned previously, some industrious journalist will dig out this Hansard report when there is a dispute between the different national fisheries authorities, and it will then be flagged to the wider public that this was anticipated and not resolved.
The Chair
I think that was an intervention on the Minister, who will now conclude his remarks.
George Eustice
It was a long intervention, but I have been guilty of that myself at times.
I will just point out that clause 5 goes on to say, in subsection (3):
“The fisheries policy authorities must review a JFS they have prepared and published whenever they consider it appropriate to do so and in any event—
(a) before the end of the period of 6 years beginning with the day on which it was published, and
(b) before the end of the period of 6 years beginning with the end of the most recent review.”
I therefore do not share the hon. Gentleman’s analysis that the duty to co-operate and to work jointly, and the legal obligation to have a fisheries statement, expires after the first one. Clause 5(3) is clear that that becomes an enduring obligation, and I am happy to make that clarification.
Those are the reasons why I oppose the new clause. As I have said many times, the Bill respects the contours of our devolution settlement. We have a long-standing track record of successful concordats and memorandums of understanding that deal with fisheries. When we approach an issue such as the December Council and annual fisheries negotiations, we send a UK delegation. We have a good track record of working together and I believe that the approach we have outlined here is the best one to ensure that we have a UK framework to deliver on those sustainability objectives.
Mr Carmichael
I support the new clause, which I think would improve the Bill. I certainly take the view that a dispute resolution mechanism would be preferable. In the absence of that, however, having a duty to co-operate would at least allow for a situation in which any party that was not co-operating could be subject to judicial review, because they would be in breach of a duty given to them under the law. For the Minister to say that there is an imperative to reach an agreement on the face of the Bill presupposes that everybody will work in good faith. In the event that people are not working in good faith, there has to be a mechanism for identifying that. The Bill is currently deficient in that regard. The new clause is second best, but it would be better than nothing.
George Eustice
I do not think that the new clause is necessary, because we already have extensive involvement with stakeholders, including environmental NGOs and the fishing industry. We are working with the industry now to establish what type of advisory infrastructure we might want to put in place after we leave the European Union, but we do not believe that it is necessary to put that on a statutory footing.
I want to explain to hon. Members what we do every year in the December Council. Every year, in September, we rotate around the UK—this year we were in London and the previous year we were in Cardiff. Everyone with an interest comes, from green NGOs to fishing representatives. We talk them through the stock assessments and the approach that we intend to take at the December Council. Through a day-long session with DEFRA, that wide group has input on the negotiating stance that we will take. We follow that up with a series of smaller meetings with individual groups such as green NGOs, groups with fishing interests and producer organisations, to get a clearer and more detailed input on their own particular issues. That, of course, informs our negotiating position.
In addition, we have a number of other models, such as the scallop industry consultation group. We also work closely with other fisheries science partnerships around the country and have an expert advisory group already set up to consider EU exit issues. None of those bodies is on a statutory footing, but all of them are useful to us. Obviously, we are considering how those could play into the future.
Mr Carmichael
I commend the Minister for all those moves—they are exactly what he should be doing. However, this issue requires a Minister to be prepared to engage in that way. The Minister has been a Member for a good few years; he has certainly seen a few Fisheries Ministers in his time, and before he came to the House he saw other Fisheries Ministers who had a very different approach. Does he not understand that there is merit in putting the issue on the face of the Bill, to ensure that those who follow him will be required to undertake the same laudable steps that he himself has taken?
George Eustice
In fairness to all my predecessors, I should say that the convention that I have abided by was established a long time ago. Indeed, after the devolution settlement, the last Labour Government established the convention of a UK-wide delegation and we have had these stakeholder meetings annually ever since.
As I said, a number of other ad hoc advisory groups have been set up. The problem with putting a statutory body in the Bill in the way proposed is that that might become too rigid. The ability to bring together the relevant group of experts to address a particular challenge, through a particular taskforce—as we have done on scallops and EU exit, for instance—gets weaker.
We would also have to give a lot of thought about who should be on that advisory group. For example, we would need to consider which of the green NGOs had to be on there: it could not just be fishing interests, but would have to include many others besides. Nor is it clear that even a so-called panel of experts from the fishing industry and green NGOs would be able to do the work needed to draft and provide an annual assessment of the stocks; CEFAS does that highly technical piece of work—rightly, our technical and scientific experts provide that work for us. It is, of course, open to those who think they can to challenge such assessments, but the issue is not a matter of opinion but of scientific assessment that must be provided by groups such as CEFAS.
This raises an important point about how we engage with industry and green NGOs. I believe that we do so very effectively. We are not saying that we have a closed mind on having advisory groups in the future; we simply do not believe that the matter needs to be placed on a statutory footing—that would be too rigid and prevent us from being able to bring on board the expertise we need.
As I said, we will be talking with industry in the months ahead. I hope that I can reassure the hon. Member for Plymouth, Sutton and Devonport that when we return on Report we may be in a stronger position to outline the type of approach we intend to take, to ensure that we have input from industry and environmental NGOs.
Luke Pollard
I realise that I have committed a schoolboy error in not following the advice of the Environment Secretary. The amendment starts:
“Expert advisory council on fisheries”.
If only we had called it the pre-eminent voices’, the greybeards’, the boffins’, the experienced practitioners’, the aficionados’, the hotshots’ or even the maestros’ advisory council, we might have got it through.
The new clause is the only real change that the NFFO wanted to the Bill. Although I would have liked the NFFO to push further on a number of areas, it decided to push only on one—this area. To deny the key concern of the key stakeholder for the fishing industry across the UK and describe it as too rigid will not sit well with the fishing federations across the country.
Luke Pollard
It absolutely should do that. That gives the Secretary of State the ability to have some flexibility. Effectively, we have a Government who consult, but do not like a requirement to consult, and who are engaging with expert voices, but do not want an expert group. I have to say to the Minister that his reassurance, “Don’t worry, this will be okay on Report,” would have been a lot more reassuring if that engagement and work had been done prior to the Bill’s coming out.
George Eustice
Does the hon. Gentleman not accept that it is already there? I have just explained in great detail how, every year as we approach a December Council, we engage a wide range of organisations.
Luke Pollard
Indeed, and Barrie Deas of the NFFO described the advisory set-up that exists already under the CFP. He has noted that its abolition via our exit creates a gap that needs to be filled by expert advisory groups, which is what the new clause suggests.
I understand that the Minister may not want to accept an amendment from the Opposition, so I encourage him to take the wording of it and tweak it ever so slightly, so that he can “make it his own”—to borrow a bit of Louis Walsh from “The X Factor”—and then bring it back later in the Bill’s progress, because this is something that the fishing industry wants. On that basis, I will be pushing the new clause to a Division.
Question put, That the clause be read a Second time.
George Eustice
This is an important issue. We all know that the challenge of plastics in our ocean has risen up the agenda significantly since “Blue Planet II”. As the right hon. Member for Orkney and Shetland pointed out, there are a number of important initiatives out there. We have supported, for instance, the Fishing For Litter initiative that he cited. In addition, the Government recently made available £200,000 to support a research project looking specifically at microplastics derived from tyres and clothing. However, we all know that in the context of fisheries the biggest challenge is perhaps that of ghost nets or lost nets, particularly when they have the monofilaments that can cause so much damage to our marine environment. I will address those areas specifically.
First, I draw hon. Members’ attention to clause 31(4)(i), which specifically cites
“the retrieval of lost or discarded sea fishing equipment”
as one of the areas where the Government can legislate through technical measures to address a particular challenge. I believe that the Bill already, through that subsection, addresses the issue of lost fishing equipment, including nets.
In addition to that provision in the Bill, there are existing provisions that we intend to retain. Notably, the Council control regulation 1224/2009 is being brought across through the European Union (Withdrawal) Act 2018. That control regulation already requires that lost fishing gear retrieval must be attempted as soon as possible. It also requires that if retrieval is not possible, fishermen must inform the UK authorities within 24 hours —by notifying the UK Fisheries Monitoring Centre or through an electronic logbook. There is already a reporting requirement for lost gear that cannot be retrieved. The Marine Management Organisation also has guidance in place to assist fishermen to comply with those regulations.
I think that the combination of the powers set out in clause 31 and the retained EU law that already exists on the problem of lost fishing gear addresses the issue sufficiently, and there is therefore no need for the additional powers outlined by the hon. Member for Plymouth, Sutton and Devonport in new clause 16.
Luke Pollard
I thank the Minister for that response. Again, it is disappointing. Given that we have an urgent crisis around marine plastics, the strong voice of this House, united on a cross-party basis, should go out to say that extra steps will be taken to tackle marine waste. Putting that in the Bill, not hidden away in a subsection about the retrieval of lost gear—not something that I am convinced takes place in the way that the Minister suggests—would have sent a better tone to the industry, and to all voters concerned about marine plastics.
I am disappointed that the Minister has not picked this up. Again, I suggest that he looks seriously at the wording and considers tabling an amendment of his own on this matter later on. I would like to press the new clause to a vote.
Question put, That the clause be read a Second time.
Luke Pollard
My hon. Friend makes a good point. The success of the co-operative sector in the fishing industry has been a hidden secret. People who advocate co-operatives, as I do as a Labour and Co-operative MP, need to speak louder about that success story.
Further encouraging co-operative ownership and ways of working is common sense in many ways. New co-operatives in the differing aspects of the industry can be the building blocks of new community wealth for communities around the coast. We believe in the co-operative model, which is an important tool for rebuilding a fairer, and therefore better, fishing industry. The Government have important role to play in encouraging that development.
The Bill provides the opportunity to place new duties on the Secretary of State to support the expansion and development of co-operative businesses in all aspects of the fishing industry. Alongside our proposed quota reallocation to extend opportunities, support should be given to existing fishing co-operatives to grow, and to new co-operatives to start up. That should be targeted at coastal towns and communities where the fishing industry has been in the steepest decline. By supporting the new duties, the Government will show that they are interested not only in the status quo but in embracing their role in reshaping the industry and spreading economic democracy.
George Eustice
I agree that co-operatives have an important role to play in the fishing industry. In many ways, the industry is already dominated by producer organisations, which are a form of co-operative. Those organisations are formed by effectively pooling the quota that was attached to individual vessels. The vessels that join the producer organisation then pool their fishing opportunities and fish against them as a co-operative movement. They already dominate.
DEFRA has supported discussions and plans on the development of producer organisations in the inshore sector. When Jerry Percy gave evidence, we heard that he was keen to progress that. Some of the inshore under-10-metre fleet seek to support one another, come together as a co-operative and manage their own quota. We in DEFRA have said that we are open to doing that and to facilitating that for the inshore fishermen who would like to join such a co-operative.
I also point out that clause 28(1)(c) creates a power for Secretary of State to give financial assistance for the
“reorganisation of businesses involved in commercial aquaculture activities or commercial fish activities”.
There is provision in that clause for the Secretary of State to give financial assistance to co-operatives or to support producer organisations, so the power is there, should it be needed.
In conclusion, I agree that the co-operative model has an important role to play, but I argue that the sector has long co-operated through the existing producer organisation structure, and that the powers exist in the Bill to support that model further.
Luke Pollard
I think what the Minister said at the end was, “We support co-operatives and want to further their development,” but he just chose a way to shoot down the new clause nicely
George Eustice
What I was actually saying was that we do not need the new clause because there are powers elsewhere in the Bill to support co-operatives.
Luke Pollard
I am very pleased that the Minister managed to end the discussion by pointing out a clause that includes the word “aquaculture”, because that is one of our favourite points. Supporting the development of co-operatives is important and something that we should be encouraging, so I encourage the Minister to take it seriously. As a result, for the final time, I will press the new clause to a vote.
Question put, That the clause be read a Second time.
Mr Carmichael
The issues that I sought to explore in relation to new clause 23 were well explored earlier in our proceedings, and accordingly I am not seeking to press it.
Title
Amendment made: 10, title, line 11, after “fisheries;” insert—
“to make provision about the legislative competence of the National Assembly for Wales in relation to fishing, fisheries or fish health in the area of the Welsh zone beyond the seaward limit of the territorial sea;”—(George Eustice.)
This amendment to the long title of the Bill is consequential on NC5.
George Eustice
On a point of order, Mr Gray. I do not want to detain hon. Members any longer than necessary but I want to record my thanks to the Clerks and all hon. Members for their work on the Committee, and in particular for staying so late this evening when the House has long since adjourned.
Luke Pollard
Further to that point of order, Mr Gray. I add my thanks to the Committee staff, the Clerks and all the stakeholders who have contributed so much to the passage of the Bill, and I wish it best speed.
With your permission, Mr Gray, I also wish the Minister the best of luck at the fisheries summit. As he controls the programme motion, perhaps next time he finds himself with a fisheries Bill and a fisheries summit at the same time, it might be wise to adjust one so that he can attend the other. I wish him the best of luck for the remaining sessions of that summit and hope he comes back with a good deal for our fishers.
Fisheries Bill (Eighth sitting)
George Eustice Excerpts(5 years, 11 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Agriculture, Fisheries and Food (George Eustice)
I can be relatively brief. The clause sets out the circumstances in which the officer of a body corporate, as well as the body corporate, may be found guilty of committing a relevant offence. These offences mirror those in section 12 of the Sea Fish (Conservation) Act 1967 and apply to all parts of the UK.
Clause 15(1) provides that an officer of a body corporate, as well as a body corporate, may be guilty of an offence where it is proved that the officer connived or consented to the offence or that the offence was attributable to the neglect of the officer. Subsection (3) provides for members of a body corporate to be treated as if they were directors, who fall under the definition of �officer�. That means that subsection (1) applies in relation to their acts and omissions in connection with their management of the body corporate. Subsection (4) is similar to subsection (1), but applies to a partner or person purporting to be a partner in a Scottish partnership.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16
Jurisdiction of court to try offences
Question proposed, That the clause stand part of the Bill.
George Eustice
I can be even briefer on this clause, which simply provides that offences may be treated as having been committed in any place in the United Kingdom. That ensures that a prosecution could be brought in the appropriate UK court.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Consequential amendments
George Eustice
I beg to move amendment 4, in clause�17,�page�9,�line�36,�leave out from �contains� to end of line 36 and insert�
�() in Part 1, consequential amendments relating to the provision made by sections 7 and 8;
() in Part 2�
(i) minor amendments relating to the licensing of fishing boats, and
(ii) consequential amendments relating to the provision made by sections 9 to16;
() in Part 3, transitional provision relating to the provision made by sections 9 to16.�
This amendment would ensure that Clause 17 accurately describes the contents of Schedule 3, if the proposed Government amendments to that Schedule are made.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
Government amendments 7 to 9.
That schedule 3 be the Third schedule to the Bill.
George Eustice
Government amendment 4 is simply a technical amendment to ensure that clause 17 accurately describes the contents of schedule 3, which makes consequential amendments to existing legislation. The relevant legislation is the Sea Fish Industry Act 1962, the Sea Fisheries Act 1968, the Fishery Limits Act 1976, designation orders made under that Act, and the Sea Fish (Conservation) Act 1967 and orders made under that Act.
Amendment 4 agreed to.
Clause 17, as amended, ordered to stand part of the Bill.
Schedule 3
Access and licensing: consequential amendments
Amendments made: 7, in schedule 3, page 39, line 15, leave out from �(interpretation),� to end of line and insert�
�( ) in subsection (1), at the appropriate place, insert�
�British fishing boat� means a fishing boat�
(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995,
(b) which is British-owned, or
(c) which is registered under the law of Jersey, Guernsey or the Isle of Man;�;
( ) in that subsection, in the definition of �sea fish�, omit �4,�;
( ) after subsection (1) insert�
�(1A) In any order or regulations made under this Act �foreign fishing boat� means (unless the contrary intention appears) a fishing boat which is not a British fishing boat.��
This amendment would ensure that the expressions �British fishing boat� and �foreign fishing boat� bear the same meaning in the Sea Fish (Conservation) Act 1967, and subordinate legislation made under it, as they do the Bill.
Amendment 8, in schedule 3, page 39, line 19, at end insert�
�Fishery Limits Act 1976
5A In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of the Sea Fish (Conservation) Act 1967).
Fisheries Act 1981
5B In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea Fish (Conservation) Act 1967).
Sea Fish (Conservation) Act 1992
5C In the Sea Fish (Conservation) Act 1992, omit section 1 (which amends section 4 of the Sea Fish (Conservation) Act 1967).
Government of Wales Act 2006
5D (1) The Government of Wales Act 2006 is amended as follows.
(2) In Schedule 3A (functions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers)�
(a) in paragraph 1(2), in the table, in the entry for the Sea Fish (Conservation) Act 1967, in column 2�
(i) omit �(a) section 4 (licensing of fishing boats), and�;
(ii) for �sections 4 and� substitute �section�;
(b) in paragraph 2(2)(b), omit sub-paragraph (i);
(c) in paragraph 2(3), omit �4 or�.
Marine and Coastal Access Act 2009
5E (1) The Marine and Coastal Access Act 2009 is amended as follows.
(2) In section 4 (licensing of fishing boats)�
(a) omit subsections (1) to (6);
(b) in subsection (7), for �that section� substitute �section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats)�.
(3) In section 7 (regulations supplementary to sections 4 and 4A of the Sea Fish (Conservation) Act 1967), omit �4 or�.
(4) In section 196 (charging for commercial fishing licences), omit subsection (1).
(5) Omit section 197 (grant of licences subject to conditions imposed for environmental purposes).
(6) In section 284 (power to require production of certain equipment), in subsection (2)(a), for �section 4(6) or� substitute �paragraph 1 of Schedule 2 to the Fisheries Act 2019 or section.�
This amendment would insert additional amendments in connection with the repeal of section 4 of the Sea Fish (Conservation) Act 1967 and its re-enactment in the Bill.
Amendment 9, in schedule 3, page 39, line 32, at end insert�
�Sea Fishing (Licences and Notices) Regulations 1994
6A (1) The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended as follows.
(2) In regulation 1 (citation, commencement and interpretation)�
(a) in the heading, after �commencement� insert �, application�;
(b) after paragraph (1) insert�
�(1A) These regulations apply in relation to�
(a) licences granted under section 10 of the Fisheries Act 2019 (licensing of British fishing boats) in respect of Welsh fishing boats;
(b) licences granted under section 12 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and
(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)�
(i) in respect of Welsh fishing boats, or
(ii) by the Welsh Ministers in respect of foreign fishing boats.�;
(c) in paragraph (2), for the definition of �licence� substitute�
��licence� means a licence to which these regulations apply (see regulation 1(1A));�;
(d) in paragraph (2), in the definition of �nominee�, in paragraph (b), for �in a member State and having a place of business� substitute �, and having a place of business,�;
(e) in paragraph (2), for the definition of �sea fishing licence� substitute�
��sea fishing licence� means a licence to which these regulations apply by virtue of regulation 1(1A)(a) or (b);�;
(f) in paragraph (2), at the end insert�
��Welsh fishing boat� means a fishing boat�
(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
(b) whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.�
(3) In regulation 2 (communication of licences and notices)�
(a) in paragraph (1), in the opening words, for �a nominee� substitute �an appropriate recipient�;
(b) in paragraph (1), for sub-paragraph (d) substitute�
(d) subject to paragraph (6), transmitting it to the appropriate recipient by means of an electronic communication to an address which the appropriate recipient has specified in accordance with sub-paragraph (b) of that paragraph.�;
(c) for paragraph (2) substitute�
�(2) A notice shall be effected by communicating it to an appropriate recipient�
(a) in any of the ways specified in paragraph (1);
(b) by publishing it on a website, the address of which is indicated on the licence to which the notice relates; or
(c) in accordance with paragraph (3).�;
(d) after that paragraph insert�
�(2A) In this regulation, �an appropriate recipient� means�
(a) in relation to a licence or notice relating to a Welsh fishing boat�
(i) the owner or charterer of the fishing boat, or
(ii) a nominee of that owner or charterer; and
(b) in relation to a licence or notice relating to any other fishing boat, the owner or charterer of the fishing boat.�;
(e) in paragraph (3), in the closing words, omit �granted by the appropriate Minister,�;
(f) after paragraph (4) insert�
�(5) A notice, other than a notice published in accordance with paragraph (3), must�
(a) specify the name, port letters and number of the fishing boat named in the licence to which the notice relates, or
(b) in the case of a notice in respect of two or more licences, specify the name, port letters and number of the fishing boats named in the licences.
(6) A licence or notice may be communicated to a person by means of an electronic communication only if the following conditions are met�
(a) the use of the electronic communication results in the information contained in the licence or notice being available to the person in all material respects as it would appear in a licence or notice given in printed form, and
(b) the person has specified an address for the purpose of receiving such communications.�
(4) In regulation 3 (delivery of licences and giving of notices)�
(a) in paragraph (3), for �a nominee�s� substitute �an�;
(b) after paragraph (3) insert�
�(3A) A notice communicated in accordance with regulation 2(2)(b) (publication on website) shall be treated as given immediately it is published.�
(5) In regulation 4 (time at which licences and notices to have effect)�
(a) in paragraph (a) omit �, and a notice which is communicated in accordance with regulation 2(2)(b),�;
(b) in paragraph (b), omit the �and� at the end;
(c) after paragraph (b) insert�
�(ba) a notice which is communicated in accordance with regulation 2(2)(b) (publication on website) shall have effect 24 hours after it is treated as given in accordance with regulation 3; and�.
Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999
6B (1) The Scotland Act (Agency Arrangements) (Specification) Order 1999 (S.I. 1999/1512) is amended as follows.
(2) In Schedule 1 (functions conferred on Minister of the Crown), omit paragraph 1.
(3) In Schedule 2 (functions exercisable by Scottish Ministers), omit paragraph 1.
Scotland Act 1998 (Concurrent Functions) Order 1999
6C (1) The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) is amended as follows.
(2) In Schedule 1�
(a) in column 1, omit the entry for section 4 of the Sea Fish (Conservation) Act 1967, and
(b) omit the corresponding entry in column 2.
Sea Fishing (Licences and Notices) (Scotland) Regulations 2011
6D (1) The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.I. 2011/70) are amended as follows.
(2) In regulation 1 (citation, commencement, extent and application)�
(a) in paragraph (2), omit the words from �and the Scottish zone� to the end;
(b) for paragraph (3) substitute�
�(3) These regulations apply in relation to�
(a) licences granted under section 10 of the Fisheries Act 2019 (licensing of British fishing boats) in respect of Scottish fishing boats;
(b) licences granted under section 12 of that Act (licensing of foreign fishing boats) by the Scottish Ministers; and
(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)�
(i) in respect of Scottish fishing boats, or
(ii) by the Scottish Ministers in respect of foreign fishing boats.�
(3) In regulation 2 (interpretation)�
(a) for the definition of �licence� substitute�
��licence� means a licence to which these regulations apply (see regulation 1(3));�;
(b) in the definition of �nominee��
(i) in paragraph (b) for �a member State� substitute �the United Kingdom�;
(ii) in the closing words, omit �Scottish�;
(c) in the definition of �Scottish fishing boat�, omit �; and in respect of which the Scottish Ministers may grant or have granted a licence�;
(d) for the definition of �sea fishing licence� substitute�
��sea fishing licence� means a licence to which these regulations apply by virtue of regulation 1(3)(a) or (b).�
(4) In regulation 3 (communication of licences and notices)�
(a) in paragraph (1), in the opening words, for �Scottish fishing boat� substitute �fishing boat�;
(b) in paragraph (1), in sub-paragraphs (a) and (b), after �charterer or� insert �, in the case of a Scottish fishing boat,�;
(c) in paragraph (2)�
(i) in sub-paragraph (a), at the beginning, insert �in the case of a Scottish fishing boat�;
(ii) in sub-paragraph (b), omit �Scottish�;
(d) in paragraphs (3) and (4), for �Scottish fishing boat� substitute �fishing boat�
(5) In regulation 4 (delivery of licences and giving of notices), in paragraph (3), for �a nominee�s� substitute �an�.
Sea Fishing (Licences and Notices) (England) Regulations 2012
6E (1) The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827) are amended as follows.
(2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute�
�(2) These regulations apply in relation to�
(a) licences granted under section 10 of the Fisheries Act 2019 (licensing of British fishing boats) in respect of relevant fishing boats;
(b) licences granted under section 12 of that Act (licensing of foreign fishing boats) by the Marine Management Organisation; and
(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)�
(i) in respect of relevant fishing boats, or
(ii) by the Marine Management Organisation in respect of foreign fishing boats.�
(3) In regulation 2 (interpretation)�
(a) for the definition of �licence� substitute�
��licence� means a licence to which these regulations apply (see regulation 1(2));�;
(b) in the definition of �nominee��
(i) in paragraph (b), for �in a member State and having a place of business� substitute �, and having a place of business,�;
(ii) in the closing words, omit �relevant�;
(c) for the definition of �relevant fishing boat� substitute�
��relevant fishing boat� means a British fishing boat other than a fishing boat�
(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
(b) whose entry in the register specifies a port in Scotland, Wales or Northern Ireland as the port to which the boat is to be treated as belonging;�;
(d) at the end insert�
��sea fishing licence� means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b).�
(4) In regulation 3 (communication of licences and notices)�
(a) in paragraph (1), for the words from �the owner� to the end substitute �an appropriate recipient (�P�);
(b) after that paragraph insert�
�(1A) In this regulation, �an appropriate recipient� means�
(a) in relation to a licence or notice relating to a relevant fishing boat�
(i) the owner or charterer of the fishing boat, or
(ii) a nominee of that owner or charterer; and
(b) in relation to a licence or notice relating to any other fishing boat, the owner or charterer of the fishing boat.�;
(c) omit paragraph (8).
Sea Fishing (Licences and Notices) (Northern Ireland) Regulations 2014
6F (1) The Sea Fishing (Licences and Notices) (Northern Ireland) Regulations 2014 (S.R.�(N.I.)�2014 No.�209) are amended as follows.
(2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute�
�(2) These Regulations apply in relation to�
(a) licences granted under section 10 of the Fisheries Act 2019 (licensing of British fishing boats) in respect of Northern Ireland fishing boats;
(b) licences granted under section 12 of that Act (licensing of foreign fishing boats) by the Department; and
(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)�
(i) in respect of Northern Ireland fishing boats, or
(ii) by the Department in respect of foreign fishing boats.�
(3) In regulation 2 (interpretation)�
(a) in the definition of �the Department�, for �of Agriculture and Rural Development� substitute �of Agriculture, Environment and Rural Affairs�;
(b) for the definition of �licence� substitute�
��licence� means a licence to which these regulations apply (see regulation 1(2));�;
(c) in the definition of �nominee�-
(i) in paragraph (b) for �in a member State of the European Union and having a place of business� substitute �, and having a place of business,�;
(ii) in the closing words, omit �Northern Ireland�;
(d) for the definition of �Northern Ireland fishing boat� substitute�
��Northern Ireland fishing boat� means a fishing boat�
(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
(b) whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;�;
(e) for the definition of �sea fishing licence� substitute�
��sea fishing licence� means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b).�
(4) In regulation 3 (manner in which a licence is granted etc)�
(a) in paragraph (1)�
(i) omit �Northern Ireland�;
(ii) for the words from �the owner or charterer of the boat� to the end substitute �an appropriate recipient (�the recipient�);
(b) after that paragraph insert�
�(1A) In this regulation, �an appropriate recipient� means�
(a) in relation to a licence or notice relating to a Northern Ireland fishing boat�
(i) the owner or charterer of the fishing boat, or
(ii) a nominee of that owner or charterer; and
(b) in relation to a licence or notice relating to any other fishing boat, the owner or charterer of the fishing boat.�;
(c) in paragraph (3), for the words from �the owner or charterer � to the end substitute �an appropriate recipient (�the recipient�).��(George Eustice.)
This amendment would add to Schedule 3 minor and consequential amendments of certain statutory instruments relating to the licensing of fishing boats, including (at the request of the devolved administrations) statutory instruments amendable by the devolved administrations.
Schedule 3, as amended, agreed to.
Clause 18
Power of Secretary of State to determine fishing opportunities
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I beg to move amendment 58, in clause 18, page 9, line 40, leave out �may� and insert �must�.
This amendment would require the Secretary of State to determine fishing opportunities.
It is good to see you back in the Chair, Mr Hanson. The amazing thing about fish is that they are a replenishable resource if used correctly. We can all agree that if there were no fish in the sea, there would be no fishing industry. It is one of those inalienable truths that the Minister spoke of on the first day in Committee that Parliament is sovereign, which is a good debate to have, and that fish are a public good, as I hope to see in the Bill in due course.
This amendment would turn clause 18 into a duty and force the Secretary of State to commit to determining fishing opportunities annually, to determine the maximum quantity of fish that could be caught by British boats. If we are serious about preventing overfishing, the amendment is vital.
This is another example of the Government�s failure to take the issue of sustainability seriously, as it has not been included in the Bill. If it had been up to Labour, we would have called the Bill the �Sustainable Fisheries Bill�. The short title would have been the �Sustainable Fisheries Act 2019�. I understand we are not allowed to change the short title, so we could not table an amendment to do that.
In yesterday�s sitting of the Select Committee on Environment, Food and Rural Affairs, Martin Salter, formerly a Member of the House who now represents the Angling Trust, raised concerns about the lack of care given to sustainability, when he said that the Fisheries Bill falls short of the White Paper and is much weaker than the common fisheries policy in binding Ministers to fishing sustainably. In July 2017, the Environment Secretary, the self-described �shy green�, said on �The Andrew Marr Show� that the common fisheries policy was an �environmental disaster� and that leaving it would ensure that Britain could
�have sustainable fish stocks for the future.�
Given that, it is important that there should be a commitment to stop overfishing.
On global fish stocks, 29% are overfished, 61% are fully fished and 10% are underfished. The UK has a leading role to play in stopping that overfishing. A 2006 article by Charles Clover, the then environment editor of The Daily Telegraph, who now heads the Blue Marine Foundation, said that if the rate of overfishing continued the world�s currently fished seafoods would reach what is defined as collapse by 2048. The World Wide Fund for Nature said this year that, worldwide, overfishing is one of the biggest threats to the health of seas and their inhabitants.
Today, each person eats on average 19.2 kg of fish a year, which is quite an image to put before ourselves�that is twice the amount people ate about 50 years ago. In 2013, about 93 million tonnes of fish were caught worldwide. Illegal and unregulated fishing constitutes an estimated 11 million to 26 million tonnes�about 12% to 28% of fishing worldwide. Almost 30% of fish stocks that are commercially fished are overfished. More than 50% of our imports are fully fished from developing countries. Over just 40 years, there has been a decrease in recorded marine species of about 39%. That is very worrying.
Overall, according to the Government�s own data, there has been a decline in commercial landings in the UK from around 300,000 tonnes of demersal species to less than 20,000 tonnes during the past 40 years. When thinking about landings, we should bear it in mind that in 2015-16 technology in relation to fish location and fishing gear was of an altogether different magnitude compared with the �70s, making many of the figures all the more alarming.
There is a global crisis and the need for the UK to lead the way is quite apparent. We cannot hide away from our responsibilities and the amendment would close the loophole that allows for overfishing beyond scientific levels. I urge Members to vote with us to protect our oceans from the curse of the �tragedy of the commons�.
George Eustice
There are a number of other amendments to clause 18 and I would like to cover some of the broader issues that the hon. Gentleman raised in relation to those later amendments.
George Eustice
Yes, exactly, but I shall address the point of amendment 58, which is simply to provide that under clause 18(1) the Secretary of State �must� rather than �may� make the determination in question for a calendar year.
The amendment is unnecessary and potentially counterproductive. Subsection (2) already makes it clear that the power will be used only in the context of international negotiations on quota species. The difficulty with introducing the word �must� is that that would have the perverse effect of requiring the Secretary of State to set the maximum quantity of sea fish for all sea fish, whether or not they were subject to quota. Species such as pilchards, which we get a lot of in the west country, and lemon sole and squid, which will be important to many fishermen in the hon. Gentleman�s constituency, are not currently subject to catch quotas. We do not want to introduce a requirement that they should be. We intend to use the power only for quota stocks.
I hope that the hon. Gentleman will not see a need to press the amendment, which would require us to set limits on all sorts of species where limits are not currently deemed necessary.
Luke Pollard
The amendment is intended to get a commitment from the Minister to seek not to set levels above those that are scientifically proven, and to prevent overfishing. The requirement to set that level is important and one we will revisit in future amendments. On the basis of the Minister�s comments and the fact that we will come to those other amendments, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Luke Pollard
Forgive me, I had no idea that I would be speaking so frequently. In Tuesday�s sitting, the Opposition were shocked to see the Government vote against an amendment that would have secured a level playing field in environmental standards for UK boats and non-UK boats using a UK licence in our waters. Time and again, the Minister�s tagline when it comes to fisheries has been �take back control,� but without this amendment we will have little control over what non-UK boats do in our waters, if the maximum of fish they can catch is not set.
In speaking to these amendments, we want to reacquaint ourselves with that notion of a level playing field and to have it in the Bill, so that there is no doubt about the difference between UK boats and boats from our European Union and Norwegian friends, in ensuring there is a level playing field at all times.
George Eustice
Although I understand the intention behind the amendment, I am afraid that it is, in my view, misplaced and this point is being raised with respect to the wrong clause, for reasons I will explain.
Foreign boats do not fish against UK quota limits, so they do not hold any rights to be managed under the terms of the clause. Only British fishing boats can fish against UK quota. British fishing boats are defined as those that are registered in the UK, are British-owned or are registered in the Crown dependencies. UK-flagged boats that are owned or part-owned by foreigners, as we discussed earlier, are covered by the economic link, but foreign-flagged vessels that have access to UK waters gain their quota from the foreign state that issues its share of the quota.
A French vessel fishing in UK waters off the coast of Devon is not accessing British quota, but is fishing against a quota allocated to it by the French Government. Clause 18 is very much about giving the British Government the power to set limits for British fishing boats. Separately, in other parts of the Bill, there are powers to grant access to foreign vessels, but we will not be giving British quota to those foreign vessels; they will be fishing against the entitlement from their flag state.
Luke Pollard
I thank the Minister for that clarification, but looking at the Public Gallery I see a few screwed-up faces, as if to say that foreign boats have to fish under British quota currently.
George Eustice
As I explained, there are foreign-owned British vessels, but that is different from saying that foreign vessels fish against British quota. They simply do not. French vessels in UK waters are not fishing against British quota; they are fishing against quota allocated to them by the French Government.
Luke Pollard
I suspect that this is an item we will revisit when considering a later amendment, so on that basis I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Owen Smith (Pontypridd) (Lab)
It is a pleasure to serve under your chairmanship, Mr Hanson. I rise briefly to support my hon. Friend the Member for Plymouth, Sutton and Devonport and the right hon. Member for Orkney and Shetland and the spirit and intention behind all the amendments.
It seems to me quite straightforward that the Bill takes a retrograde step by not including MSY, which is so clearly hard-wired into the CFP and into UN sustainability goal 14. The Minister has on other occasions argued that including it is unnecessary, on the basis that it is captured by the Bill�s intention to not harvest biomass at levels above MSY.
However, it should worry us all that the real experts in this area�those in the third sector concerned with conservation in our seas�clearly see it as a mis-step by the Government not to put MSY in the Bill in the way that other legislatures have, including in Australia, New Zealand, the States and Canada, especially as the evidence from our own waters and elsewhere is that MSY targets have been very effective. Hake and North sea plaice are two recent examples of stocks recovering brilliantly as a result of MSY policy. I therefore cannot understand why the Minister is so coy about maintaining this standard.
The concern, bluntly, is that not including MSY in the Bill will give this or any future Government the wriggle room not to pursue sustainable fishing policies and to set catch levels above MSY, out of line with scientific evidence. If that is not the case, the Minister, who is evidently very expert in this field, has to explain to us, the House, the wider industry and those concerned with conserving stocks in our seas why he is determined not to put MSY in the Bill, which seems to fly in the face of the evidence.
George Eustice
Let me make clear from the outset to the right hon. Member for Orkney and Shetland that we are not walking away from the principle of MSY, and to the hon. Member for Pontypridd that MSY is indeed in the Bill. It is right there in clause 1(3)(b):
�to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above biomass levels capable of producing maximum sustainable yield.�
The only bit that is not in the Bill but is in the current EU regulation, which was drafted as long ago as 2013, is the 2020 target.
As I have described, it makes no sense whatever to include a statutory target that will already have lapsed and expired in a Bill that will probably not commence until January 2021 or the end of 2020. The right place to reflect any kind of timescale or commitments, or even on species, is in that joint fisheries statement, which will describe how all the Administrations will work together to deliver those objectives, including MSY. I therefore put it to hon. Members that the right way to replace the EU legislative commitment of 2020 is not to have an already-expired date in the Bill, but to reflect that commitment in the joint fisheries statement.
The other issue relates to effort and setting the maximum number of days that British boats may spend at sea. All the amendments, including the one tabled by the hon. Member for Plymouth, Sutton and Devonport, would delete clause 18(1)(b), which covers the maximum number of days at sea. As he seemed to acknowledge, that would be counter-productive, as we already have something called the western waters regime, which is an effort-based regime that regulates the catches of crab, and in particular of scallops, of the over-15 metre sector.
Hon. Members may recall that scallops are a part of the fishery that can lead to conflict at times, not least over the summer. There are fishermen fishing out of Brixham, not far from the hon. Gentleman�s constituency, who have an allocation of kilowatt-hours at sea to catch scallops in the EU exclusive economic zone�in other words, on the French side of the channel. If we were to make it unlawful to allocate days at sea, the hon. Gentleman would have a scallop war of his own, probably outside his constituency, because he would find that those scallop fishermen would no longer be able to access French waters because we would no longer be participating in the western waters regime.
Luke Pollard
I invite the Minister to look at amendment 105, because we do not actually suggest deleting clause 18(1)(b). We suggest that
�No determination may be made�
under it, unless a trial has been completed. I would be grateful if he corrected his remarks.
George Eustice
My understanding, on the basis of my notes, is that amendment 59 would also delete clause 18(1)(b). It may be that the hon. Gentleman did not intend that to happen, but that amendment, which I understand is in his name, would also remove it.
I will make a point about amendment 105. Again, the western waters regime is already established and happening, so we would not necessarily want to subject it to a trial before being able to make any such determination, because if we were to leave the EU without an agreement at the end of March, we would nevertheless want to have some discussions and reach some agreements on scallops quickly.
Luke Pollard
Amendment 59 would actually be added at the end of line 4, rather than replacing it, so it would not remove it as the Minister has said. I appreciate that his notes on the amendment may be somewhat different, so perhaps he wants to reflect that in his remarks.
The Chair
It may help the Minister and the Opposition if I say that, as far as I can read, there are no deletions, only additions in amendment 59.
George Eustice
In which case, I withdraw the comments that I made in the context of amendment 59. I am afraid that the speaking notes that I have been given have an error in them.
On an effort-based regime, the wider point is that we made a clear commitment in the White Paper to explore the idea of using an effort-based regime, particularly for the inshore fleet. Sometimes, when small amounts of quota are attached to vessels�for instance, little more than 20 kilos of cod a month�it is very difficult and administratively burdensome to operate such a scheme.
We were clear that we would pilot an effort-based regime, because we recognise that there are also risks in moving to one. Generally speaking, such regimes work well for low-impact mixed fisheries where it is harder to run a quota scheme. Quota schemes work best in the pelagic sector, where a single species can be accurately targeted.
We have not made reference to an effort-based regime in the Bill because we do not need to. The Bill gives us all the powers we need to run such a pilot before considering rolling it out. Our White Paper was also clear that, for the time being, we will use existing fixed quota allocations as the basis for fishing opportunities. It is already implicit in our commitment to that effect that we are not going to make a rash move to an effort-based regime, but it could have a role for some of those inshore under-10 metre vessels. That is why we have said that we will consider a pilot.
Owen Smith
I may have missed my chance, as the Minister sat down rather briskly, but I was merely trying to ascertain something. I fully accept that the Government are clearly trying, in the language in the initial clause in respect to objectives, to state that they want to set catch limits in line with MSY, but is there anything in the Bill that would prevent Ministers in future from diverging from that and setting catch limits above MSY? As far as I can see, there is nothing that would stop Ministers from doing that, if they chose. That is the reason for wanting a rather tougher duty on Ministers to ensure they adhere to those limits.
George Eustice
We received some interesting evidence on this from Dr Carl O�Brien from the Centre for Environment, Fisheries and Aquaculture Science, who is the leading expert on this. I know that a number of green NGOs have suggested that they would like to see the language tightened here, but we have to listen to those who have the greatest experience in managing maximum sustainable yield and in calculating the measurements, and direct experience of the negotiations. As he pointed out, there are two dangers. In a mixed fishery it is simply a scientific impossibility to set every species at MSY. When they are in a mixed fishery, it is necessary to place some at the lower end of the MSY range and some at the upper end. There will be challenges, as we have heard with choke species.
Secondly, Norway, for example, uses MSY as one of its guides, but not its only guide�it uses other scientific metrics as well. There will be times when it will make sense for us to reach an accommodation with countries such as Norway about the shared management of a shared stock, in order to ensure we have sustainable fishing. If we do not allow ourselves any flexibility to broach such a discussion with Norway and reach such an agreement, the only outcome is that everybody walks away from the table without an agreement and unilaterally sets their own fishing opportunities, which is the worst of all worlds for our marine environment.
This is a complex area, but it is right to have that statutory commitment in clause 1�a statutory requirement to have a plan that demonstrates how we will reach that commitment, while recognising that we will always needs some flexibility, due to the complexity of the marine environment.
Mr Carmichael
To deal with the question of days at sea first, as I said, these are probing amendments. The Minister�s comments are helpful and it is useful to have them on the record, so, as I indicated earlier, I do not intend to push the amendment to a Division.
However, I want to tease out the Minister�s thinking about amendment 25 a bit more. His objection to amendment 25 is twofold. First, he says these things can be put into the fisheries statement, which is absolutely correct. Secondly, he says that this commitment will have to be met by the time the legislation comes into effect. I see no problem with that. For us to say that by the time we implement this we should have got to this point is not a criticism of the amendment at all.
The Minister�s point about the fisheries statement is interesting. He is right: that is the good and sensible place for maximum sustainable yield to be enshrined, but there is no guarantee that it will be. As we know, the fisheries statement will be subject to a negotiation between four Administrations. There might be any number of reasons why maximum sustainable yield might fall from that particular safety net. If, for any reason, it were not to form part of the fisheries statement, there is nothing else in the Bill that would enshrine maximum sustainable yield as the guiding principle. For that reason, I am not persuaded by the Minister�s assurances and will press amendment 25 to a division.
Question put, That the amendment be made.
Luke Pollard
The principles contained in amendments 28 and 29 are good ones, as they deal with how to make sure that we are fishing sustainably.
Amendment 62, which we are also considering, talks about the need for baseline stock assessments by 2030. The reason I tabled that amendment is to try to get the Minister to set out his position on making sure that we are addressing data deficiency. A key reason why our fisheries cannot be classed as sustainable�as we have spoken about in previous sittings of this Committee�is that there is a deficiency of the data that guarantees those fish stocks are sustainable. Making a baseline stock assessment, especially of some of the non-quota species that are under severe pressure, is an important step towards achieving fully sustainable fisheries.
The Minister will know, for instance, about the importance of cuttlefish to the south-west�s mixed fisheries and to fishing fleets in the west country. The lack of a decent level of data regarding cuttlefish is one of the concerns about the future sustainability of that industry, especially as stock levels are going up and down. This year in particular, fishers have reported an alarming rise in smaller cuttlefish coming through where, in the past, they expected larger ones. The purpose of amendment 62 and, I believe, of the amendments tabled by the right hon. Member for Orkney and Shetland�the sentiment of which we can support�is to get better data, to make sure that no fishing levels are being set above the scientific data level.
George Eustice
I am grateful for this opportunity to explain the approach that we currently take to data-limited stocks, how we have refined that approach in recent years, and what we might do in future.
The International Council for the Exploration of the Sea has six categories of stock, according to the level of data and the analysis that are available. Categories 1 and 2 cover those stocks for which there is judged to be sufficient data for us to do a full forecast or a full stock assessment. Those are the stocks for which we use the maximum sustainable yield approach. Categories 3 and 4 cover the majority of our so-called data-limited stocks�those for which we have some reliable stock indicators but cannot do a full stock assessment. Category 5 covers those stocks for which we have little or no scientific data available other than the landings data. Category 6 covers those species for which there are negligible landings�typically those that are a bycatch only.
For category 3 and category 4 stocks, where we have some reliable stock indicators, the UK has been in the vanguard in the last few years in developing a methodology based on stock trends and biomass trends. My argument has always been that we should make the best assessment that we can with the knowledge that we have, rather than use too many other arbitrary proxies. Stock trends have therefore become the new methodology that we have tended to adopt for most of our data-limited stocks, where we have reliable stock indicators.
For category 5 and category 6 stocks, for which we really have only landings data, we do not really have any other option than to adopt quite arbitrary approaches to how we manage them. Typically, they tend to fall into two categories. One is called �use it or lose it��if a stock is not caught in sufficient quantities in the previous year, the quota is simply reduced to the level at which it was caught, and the landings are used as a proxy for the health of the stock. The other is the so-called precautionary principle, which is an automatic 20% cut, year on year, in the absence of data. That is also used on some of those very data-poor stocks.
Obviously, we want to improve the quality of the data, and we want to move more species to a full stock assessment so that we can do MSY. For instance, in the last two years we have moved megrim in area VII to a full stock assessment�previously it was data-limited. We want to make further progress on that. Dr Carl O�Brien explained some of the difficulties in his evidence. Some species are quite difficult to age, because the methodology where their eardrums are measured to work out their age is hard to use. With some species, there are technical challenges to getting to a full stock assessment. Nevertheless, we should continue to work to improve that, and to get more of those data-limited stocks into categories 1 and 2.
Finally, in his evidence, Dr Carl O�Brien said:
�I think you would be surprised how much evidence has been gathered for non-quota species. Seafish had a project called Project Inshore, which I think is now in its second phase, looking mainly at shellfish species.���[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 112, Q216.]
There is a lot of work going on to assess the health of scallop stocks and crabs, for instance. Quite a lot of data has been collected through Project Inshore. Obviously there is more to do, but a lot has been done, and work continues to be done in that space.
Luke Pollard
I am grateful for those remarks. The purpose of amendment 62 was also to try to put a date on when we will have better evidence. The fact that we have better science than people are aware of is useful, but does the Minister have any idea when we will have firm dates when data-deficient species will reach those points?
George Eustice
I do not have that data now, but I would be willing to bring the Centre for Environment, Fisheries and Aquaculture Science�s current projections to the House on Report. The hon. Gentleman will understand that, although I have been in this job a number of years and understand quite a lot about the science, I am not a fisheries scientist. It is an incredibly technical, complex area, and I rely on advisers such as Carl to assist on it. I will happily give the most detailed update that we can on Report about the progress on moving some of the data-limited category 3 and 4 stocks to full stock assessments.
Luke Pollard
I rise to speak, briefly, in support of the hon. Gentleman�s amendment. When we are talking about allocating fishing opportunities, it is important that Parliament is given the opportunity to scrutinise them, especially at the start of a new fisheries period for our country, to ensure that the allocations carry the confidence of the fishing industry that they are being allocated in a robust way.
George Eustice
This is a similar discussion to the one we had earlier on the use of the negative resolution procedure rather than the affirmative resolution procedure.
As I said earlier, the Delegated Powers and Regulatory Reform Committee considered the Bill and said that of its 15 delegated powers that require a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so. I will explain to my hon. Friend the Member for Waveney why I think the negative procedure is justified in this particular instance.
Clause 18(1) replaces powers that are similar to those set out in section 4(6) of the Sea Fish (Conservation) Act 1967, and those are also made under the negative procedure. We followed the approach that has been taken not only while we have been in the European Union, but even before we were in the European Union, to have the negative procedure in relation to this measure.
I point out to my hon. Friend that the actual power to determine the number of days at sea is a straightforward power that the Secretary of State has without even the need for regulations, under clause 18(3), and the issue in subsection (8) is that,
�The Secretary of State may by regulations make provision for determining, for the purposes of this Act, the number of days in a calendar year that a fishing boat is to be regarded as spending at sea�.
The purpose of the regulations is to establish what happens if they do six hours. Is that half a day or part of a day? The regulations basically govern how we measure a day at sea and whether it should be, as in some cases, kilowatt-hours at sea or a straightforward days-at-sea measure. It is because we may use slightly different effort measurements in different sectors that we need to be able to define in the regulations what a day at sea is. The power to determine the days at sea is a flexible power that the Secretary of State will have, and always has had, so that we can manage our fisheries effectively.
Peter Aldous
I am grateful to the Minister for that explanation. He went into a fair bit of technical detail. As I mentioned, this is a big issue for our new regime and there are organisations on both sides of the argument that feel passionately about the issue of days at sea. I will not press the amendment to a vote at this stage, but I will take counsel between now and Report. If I have any concerns, I will pass them on to the Minister then. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Chair
We now come to clause 18 stand part. We have had a reasonable discussion, but it is a central clause with lots of subsections. If Members wish to speak to it, I am happy to take contributions.
Question proposed, That the clause stand part of the Bill.
George Eustice
Briefly, clause 18 sets out in legislation the power of the Secretary of State to determine the UK�s fishing opportunities. He can do that by setting out the maximum quantity of sea fish that may be caught by British fishing boats and of days that British fishing boats may spend at sea in a calendar year. The effect of clause 18 is that the Secretary of State can ensure that the UK complies with its obligations to determine fishing opportunities, in line with international agreements.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19
Duties relating to a determination of fishing opportunities
Brendan O'Hara (Argyll and Bute) (SNP)
I beg to move amendment 2, in clause�19,�page�10,�line�38,�at end insert�
�(A1) A determination under section 18 may not be made or withdrawn without the consent of the Scottish Ministers.�
Owen Smith
It is again a pleasure to serve under your chairmanship, Mr Hanson. I did not intend to speak to these amendments, but as a former shadow Secretary of State for Wales and for Northern Ireland I have a few things to say.
I heard with interest the contribution from the hon. Member for Argyll and Bute�the beautiful Argyll and Bute. I would say straightforwardly that I think he is wrong to say that the clause is contrary to the devolution settlement�I think the reverse is true. The clause reflects the current devolution settlement. It is for the UK as the sovereign body to determine our engagement with and adherence to international treaties, and to therefore determine what the fishing opportunities for the whole of the UK would be, in accordance with the agreements that are reached internationally on fishing.
My hon. Friend the Member for Glasgow North East is completely right that the reality of the amendments is that they seek to change the devolution settlement by the back door. Given the long-standing and perfectly admirable�although, in my view, entirely wrong-headed�view of the SNP that it wishes to have an independent Scotland, it is entirely understandable that it should try to use this mechanism to get closer to that objective, but it is the wrong mechanism and the wrong Bill in which to seek to fundamentally change the nature of our devolution settlement, and my colleagues on the Front Bench are completely right to oppose it.
I would also add that I cannot understand the value of striking Scottish Ministers out of clause 19. That would be a retrograde step because it would mean no consultation with Scottish Ministers, which would be a fundamental mistake.
George Eustice
The purpose of clause 19 is to establish a requirement for the Secretary of State to consult the devolved Administrations. As other hon. Members have pointed out, this matter and the powers outlined in clause 18 are incontrovertibly a reserved UK matter. The amendment would undermine the power of the UK to determine UK resources for the purposes of international law, and relates directly to a UK function.
Where the UK is subject to an international obligation to achieve a result by reference to a fixed quantity for the UK as a whole, the UK Government are responsible for determining how that is achieved. In this case, the responsibility will fall on the UK, under the UN convention on the law of the sea, after we leave the EU.
Compliance with or implementation of international obligations is devolved, but determining UK fishing opportunities is not a function that is exercisable separately in or as regards Scotland or any other part of the UK. It is not within devolved competence to determine, or to block the UK Government from determining, fishing opportunities for the UK as a whole.
Clause 18(2) explicitly sets out:
�A determination under subsection (1) may be made only for the purpose of complying with an international obligation of the United Kingdom to determine the fishing opportunities of the United Kingdom.�
It makes crystal clear the scope of clause 18. It cannot relate to any devolved matter at all; it can relate only to matters relating to the UK�s compliance with international obligations. It would therefore not be appropriate to seek consent from any devolved Administration when determining fishing opportunities. In clause 19, we set out something that we think is reasonable: a requirement to consult.
Brendan O'Hara
I thank the Minister for his reply. As I said on day one, the Scottish Government and Scottish Government officials have worked very closely with him and his officials�for which we are very grateful�and this was one of the few major sticking points. I am disappointed that we do not appear to be able to take this further, but I reiterate that we believe that the amendment is entirely in line with the Scotland Act 1998, and I will therefore press it to a vote.
I am disappointed but not at all surprised by the contribution of the hon. Member for Glasgow North East. Members of the Scottish National party are here at least to defend the devolution settlement, which makes it perfectly clear that if a matter is not reserved, it is devolved. As my hon. Friend the Member for Kilmarnock and Loudoun said, the powers that come back from Europe should go to the relevant devolved authority. In this case, I believe it should be the Scottish Parliament. That is why a legislative consent motion should be sought, rather than simply consultation.
George Eustice
I appreciate that my hon. Friend the Member for Waveney is a long-standing campaigner on these issues. He will know that the Government have taken a number of steps to give additional quota to the inshore pool. My predecessor took unused FQA units from producer organisations to give extra fishing opportunities to the inshore pool. For my part, I have top-sliced the discard ban uplift to give additional fishing opportunities to the pool, and we have made it clear that we intend to do more. As I outlined earlier, our approach to the allocation of fishing opportunities will be, for the time being, to retain some stability by allowing existing opportunities to continue to follow the FQA lines, but we have been clear that any new fishing opportunities that come as we depart from relative stability will be allocated on a different basis, as a first step.
I have made it clear that we have at least three approaches under consideration. One is indeed to give additional fishing opportunities to the inshore pool so that our inshore fleet, which, as my hon. Friend points out, often lacks fishing opportunities, will have more fishing opportunities as we depart from relative stability. Secondly, we have outlined our plans to create a national reserve of quota that can be used to help to make the discard ban work as well in practice as in theory. Finally, we outline in other places in the Bill the power to tender new fishing opportunities to producer organisations based on their environmental track record and on what they give back to communities.
I believe that all those things, taken together, mean that, in our White Paper and in the powers that we are taking in this Bill, we have the socioeconomic interests of coastal communities at heart. The Secretary of State plan outlined in clause 2 is explicit about ensuring that we take account of and have a plan for those coastal communities that depend on fishing for their livelihoods. I have already given my hon. Friend the Member for Waveney an undertaking that we will seek to tweak some of the language in that provision, but when it comes to the question whether fish is a public asset, it is incontrovertibly the case that it is. We had a debate earlier about our common law tradition, and in a test case brought by the producer organisations, Mr Justice Cranston cited Magna Carta, no less, to say that fish stocks were a public resource. Specifically, he said:
�Consequently there can be no property right in fish until they are caught. That submission was a useful reminder but common ground.�
The fact that fish are a public asset is beyond question, and I do not believe that that needs to be placed in the Bill, but I am happy, as I said under an earlier group of amendments, to consider the Secretary of State fisheries statement to see whether we can more specifically address the point that my hon. Friend has in mind regarding fishing opportunities.
Mr Carmichael
That is helpful, but I am not entirely sure about the hon. Gentleman�s distinction between redistribution and nationalisation. At the end of the day, we risk spending public money. I am not averse to that�it may ultimately be necessary, and I can certainly see the end that is to be met by it�but at the moment it is a little ill-defined. I would favour an approach that dealt differently with the returning quota, rather than mucking about with the existing quota. I am not averse to the idea, but we should not be blind to the risks that come with it.
George Eustice
The purpose of clause 20 is predominantly to bring across article 17 from the European Union and make it operable. Article 17 will come across as retained EU law. All we are seeking to do is to make changes that make it operable and preserve its intent.
Article 17 states:
�When allocating the fishing opportunities available to them�Member States shall use transparent and objective criteria including those of an environmental, social and economic nature. The criteria to be used may include, inter alia, the impact of fishing on the environment, the history of compliance, the contribution to the local economy and historic catch levels. Within the fishing opportunities allocated to them, Member States shall endeavour to provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact�.
I believe that article 17, as currently worded, captures many of the intentions behind this amendment and the last one moved by my hon. Friend the Member for Waveney.
There is a technical issue with the way amendment 106 is drafted. It does not make specific reference to fixed quota allocations�FQA units�as a basis; it simply talks about trying to redistribute historical fishing opportunities. It is therefore trying to reallocate opportunities that have already been spent�the quota that were attached to the FQA units. I would argue that, from a technical point of view, it would make more sense to have made reference to FQA units.
Greenpeace has had a longstanding campaign on article 17, since at least 2015. In 2016, it brought a judicial review against the Government, arguing that we had not complied with article 17, and it was roundly defeated in that case. Mrs Justice Andrews stated during the case that
�there is a large volume of detailed rules, licence conditions, schemes and policies, including the Concordat and the Quota Management Regulations�which are published and openly available and which have been notified to the Commission. There is ample evidence that they include environmental criteria as required by Article 17, and that far from paying them lip service, they are afforded proper weight in the allocation process.�
The judgment of the European Court of Auditors was that the case brought by Greenpeace was wrong.
Greenpeace has had a longstanding campaign on article 17, but in my view it has been barking up the wrong tree. The truth is that if we want to address the issue of fishing opportunities for the inshore sector, we should not do it by clinging to some article in residual EU law. The correct way to do it is to include, as I have committed to my hon. Friend the Member for Waveney that I will, a reference to fishing opportunities in the Secretary of State�s fishing statement, where it directly links to the socioeconomic impacts on coastal communities�not to attempt to play with the wording of article 17.
Mr Sweeney
It seems that we are in violent agreement on some things�we cannot do wrong for doing right, can we? Interestingly, I think that adding the amendment to the Bill would define the process and make it clear. That is why we also supported a clear dispute resolution mechanism being in the Bill. That, too, would have provided a clear, unequivocal process that would have allowed us to resolve these problems with the different partners in the UK. I have to say that I was rather disappointed that the SNP abstained on that amendment, but we are where we are. I think this is a worthwhile measure and it will be helpful for us to proceed on this basis. I urge the Minister, in good faith, to support it to bind our Union together even more.
George Eustice
The simple reason that we have not included the Scottish Ministers, Welsh Ministers and Northern Ireland Department in this particular clause is that they did not want us to do so on their behalf.
As I have said many times, the Bill sits within the devolved settlement and it is for each Administration to make the changes that are needed to retained EU law to make it operable. The devolved Administrations are currently drafting many statutory instruments and other legislative vehicles to make retained EU law operable. In this Bill, we have chosen to make the changes that are necessary to make article 17 operable. None of the other devolved Administrations wanted us to include that in the Bill on their behalf. That may be because they intend to address these issues through legislation of their own.
Owen Smith
This is not something I can prove, but I understand from talking to colleagues in the Welsh Government that in an early draft of this clause, the Welsh Administration and others were included in subsection (6). I want to know why they were taken out.
George Eustice
My understanding is that the Labour Administration in Wales asked for it to be taken out. They no longer wished to be included in this clause. Clearly, hon. Members can ask a legitimate question: does that mean that no other part of the UK intends to abide by article 17 and are content to leave it inoperable; do they intend to address it in a different way; or have they not yet considered it, but might like us to add them to the list in subsection (6) at a later stage of the Bill�s passage? I will undertake further conversations with the devolved Administrations between now and Report to understand their intentions.
I hope hon. Members will understand that we respect the devolution settlement. Without the permission of the devolved Administrations, it is not proper for us to accept this amendment, since it is a devolved matter, but it is certainly an issue where we could have further conversations with the devolved Administrations ahead of Report.
Peter Aldous
On the basis that the Minister will seek clarification from the devolved Administrations on how they wish to handle this issue, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Luke Pollard
The argument in favour of the amendment has been powerfully put by the hon. Member for Waveney, but the sentiment is worth echoing. It is really important that, as we set up a new fisheries management system after Brexit, fishers have confidence in that new system. As we have heard, there is a great deal of suspicion about how the current quotas are allocated, and the ability to have that available for public scrutiny is important. We support the amendment.
George Eustice
The methodology for distributing existing quota between the four Administrations is set out in the publicly available UK quota management rules. In addition, each Administration have their own rules for allocating their existing quota, which, again, are already publicly available. The rules are also subject to consultation.
In our White Paper, we set out very clearly that we would have a revised methodology for the allocations, and it is of course our intention that they will be published. I understand the point made by my hon. Friend the Member for Waveney, but I encourage him to read what we already publish before taking the decision to press the amendment to a Division. We already have publicly available rules, which are published, and we have committed to publish new ones. We publish a great deal of information.
As I highlighted earlier, in the judgment in the Greenpeace court case, Mrs Justice Andrews said that
�there is a large volume of detailed rules, licence conditions, schemes and policies...which are published and openly available and which have been notified to the Commission.�
A vast amount of information is already published. I would like to share some of those documents with my hon. Friend for his weekend reading, and then he could consider whether he still has a hunger for more statutory requirements of this nature.
Peter Aldous
I am grateful to the Minister for that reply, and I take on board the nature in which he makes that offer. Over the years, so much suspicion has grown up over this issue. I feel that there is a need for transparency so that the industry and the public can have confidence in the system. I do think it appropriate to have what is a fairly minor amendment in the Bill, and therefore I will press it to a vote.
Question put, That the amendment be made.
Peter Aldous
As I have said, the devolved Administrations would have a full role in this process; that should not present a problem.
This new approach would result in European companies that currently control UK quotas having to respond and show why they should keep this quota on the UK terms, and they would have to address the principles of sustainability and local employment. That approach is compatible with article 17 of the common fisheries policy and it would not be challenged by any other members of the EU. I look forward to hearing the Minister�s response.
George Eustice
Clause 20 simply revokes CFP rules on the distribution of fishing opportunities to EU member states, according to relative stability. Therefore, these rules will not be part of retained EU law.
Subsection (1) revokes article 16 of the common fisheries regulation. That article provides for the Council to distribute fishing opportunities to member states, which obviously will no longer apply when we leave the European Union. Subsection (2), which we have debated in some detail, simply makes article 17 of the CFP operable in the UK.
I turn now to new clause 19, tabled by my hon. Friend the Member for Waveney. We have rehearsed many of the points in our consideration of earlier measures and amendments, so I will not dwell on them in detail. I have already pointed out that I do not believe that we need a statement that fisheries resources are a national asset or public property, because that is self-evidently the case and our common law has always held as much. Indeed, recent case law has held that very clearly and we have a common law tradition on some of these matters.
I have already given my hon. Friend an undertaking that we will look at the wording of the Secretary of State�s fisheries statements, so that we can consider the catch opportunities and fishing opportunities in the context of protecting coastal communities and those who depend on fishing for their living.
A number of the other elements of new clause 19 are already accommodated by article 17 of the CFP, which we have now made operable. The commitment to have transparent objectives already exists and is made operable by clause 20, so I do not believe that this proposed change is necessary.
I will also point out that the new clause would have the effect of bringing into scope the devolved Administrations when the way in which they allocate quota to their own fleet is a devolved matter. It is for the UK to allocate limits for the whole of the UK and to make determinations of allocations to each Administration, but it is for those devolved Administrations to decide how they then go on to allocate things to their own fleet.
Finally, new clause 19(6) seeks to bring the inshore fisheries and conservation authorities within the scope of this provision. I say to my hon. Friend that that is inappropriate, since we are talking here about the allocation of fishing opportunities and quotas. The IFCAs have a role in inshore fisheries conservation doing things such as setting closures and sometimes putting limits on the type of gear that might be used to catch lobsters, for instance. What the IFCAs certainly do not do is play any role in the allocation of quota.
Since we are talking predominantly about the allocation of opportunities to fish quota species, it is not appropriate to bring the inshore fisheries and conservation authorities within the scope of this part of the Bill. I hope, therefore, that my hon. Friend will see fit to not press his new clause.
Luke Pollard
I beg to move amendment 107, in clause�21,�page�12,�line�5,�at end insert�
�(4) The relevant national authorities must publish, on at least an annual basis, a comparison of the number of each species of sea fish caught and�
(a) the catch quota for that species for that year, and
(b) the FMSY reference point for that species for that year.
(5) The publication under subsection (4) must, where the number of sea fish caught in a calendar year has exceeded the figures in paragraphs (4)(a) or (4)(b), note the impact on fish stocks that exceeding that figure is thought to have had.�
This amendment would require the publication of the quantity by species of fish caught to enable the impact on the sustainability fish stocks to be assessed.
This amendment continues the theme of transparency and freedom of information. Under clause 21, the fishery authorities have a duty to ensure that fishing opportunities are not exceeded in any year, whether by catch quota or by effort quota. To be able to hold the authorities to account for the exercise of that duty, we will need to have access to full, accurate and robust information. The amendment will also ensure that we have the necessary data to improve our scientific understanding of the seas, what is in them and how to ensure that we protect and conserve them for future generations.
The amendment, which is supported by various organisations, seeks to ensure publication at least annually of the number of species caught compared with the quota for that species and the reference points for fishing mortality at maximum sustainable yield. We want the publication to include an examination of the impact on stock for that species. I am sure the Minister already has plans for the publication of some of that data, but will he set out what information will be published and what the timescale will be?
George Eustice
It is important to note that, as drafted, this amendment cuts across the devolved settlement, because it would oblige not only the UK Government but the devolved Administrations to publish the data mentioned. Before accepting an amendment of this sort, we would need to seek the views and the consent of the devolved Administrations. It would also require the collection of data for each species of fish caught. With the landing obligation, that would include many species for which we did not have catch quotas or FMSY reference points, so comparisons could not always be made.
I invite the hon. Gentleman to take some weekend reading away with him. When it comes to statistics, we have incredibly detailed documents, including one from the MMO, which I have in my hands, and another from Marine Scotland. I urge the shadow Minister to read them on his train back to Plymouth this weekend and to then consider on Report whether he has an appetite for even more statistics than those that are already available in published form.
Luke Pollard
I wondered what the Minister�s little table was for, and now I understand it is to keep his reports on. I am grateful for the additional reading material. Transparency in this new fisheries management system is important. I am happy to take the Minister�s word that he already publishes a fair amount of data. We will look at this matter again and, if that turns out not to be sufficient, he should expect us to make a return trip to this amendment on Report. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 21 ordered to stand part of the Bill.
Clause 22
Sale of English fishing opportunities for a calendar year
George Eustice
I beg to move amendment 5, in clause�22,�page�12,�line�28,�leave out paragraph (h) and insert�
�() requiring or permitting rights to be sold, or not to be sold, to a person who meets such conditions (whether relating to the price offered for the rights or otherwise) as may be specified in or in accordance with the regulations;�.
This amendment would enable regulations to require or permit issues other than price to be taken into account when deciding who to sell fishing opportunities to.
The Chair
With this it will be convenient to discuss the following:
Government amendment 6.
Clause stand part.
New clause 20�English Fishing Opportunities�
�(1) The English fishery shall vest in the Secretary of State and be held subject to the duties set out in this section.
(2) The powers exercisable by the Secretary of State in the management of the English fishery shall not include the power to borrow money against the English fishery.
(3) The Secretary of State, or the Marine Management Organisation or an Inshore Fisheries and Conservation Authority duly authorised by the Secretary of State, shall have the power to dispose of English fishing opportunities�
(a) for consideration;
(b) on the terms of a licence for a period of no more than 1 calendar year;
(c) in compliance with the criteria set out in section 20.
(4) Any licence of fishing opportunities granted pursuant to subsection (3) shall not create or transfer any proprietary right, title or interest in such fishing opportunities or in any fish before such fish are harvested by the holder.
(5) It shall be the general duty of the Secretary of State in any disposal of English fishery opportunities (whether by the Secretary of State or by the Marine Management Organisation or an Inshore Fisheries and Conservation Authority duly authorised by the Secretary of State) pursuant to this section to achieve appropriate consideration for any such disposal having regard to the criteria for disposal set out in section 20 and any JFS and SFSS.
(6) The Secretary of State shall by regulations make provision for the disposal of English fishing opportunities, which may include�
(a) for rights to be sold by competitive tender or auction,
(b) for a competitive tender process or auction to be run by such person as the regulations may designate,
(c) such fishing opportunities to be rented and an appropriate royalty charged,
(d) conferring functions (including functions involving the exercise of a discretion) on a person running a competitive tender process or auction, or on any other person,
(e) for terminating a competitive tender process or auction where there has been, or appears to the person running the competitive tender process or auction to have been, a failure to comply with the regulations,
(f) about how and when�
(i) payments for rights are to be made, and
(ii) payments received are to be dealt with,
(g) about appeals relating to eligibility for, or the outcome of, a tender process or auction,
(h) requiring a person running a tender process or auction to issue guidance.
(7) Fishing opportunities disposed of in accordance with this section are exercisable in relation to such fishing boats, by such persons, in such manner, and subject to such conditions, as may be specified in the terms of that disposal. In particular, the Secretary of State, or the Marine Management Organisation or an Inshore Fisheries and Conservation Authority duly authorised by the Secretary of State, shall have the power to, inter alia�
(a) specify persons, or descriptions of persons, who are eligible or ineligible to buy opportunities;
(b) require any person to pay a deposit, or do any other thing, in order to be eligible to buy opportunities;
(c) set limits on the opportunities that may be bought by a person or a description of persons;
(d) set a minimum price for fishing opportunities;
(e) prohibit or permit the transfer of fishing opportunities by the purchaser or the exercise of such fishing opportunities by someone other than the purchaser of those opportunities;
(f) extinguish or limit opportunities sold where any amount due in respect of them is not paid, or any condition attached to the exercise of the rights is not met;
(g) provide for the forfeit of fishing opportunities that are held by a person following a disposal under this section but not used, and for payment of compensation to that person.
(8) Regulations under this section are subject to the affirmative resolution procedure.
(9) In this Act�
�English catch quota� means so much of a catch quota as would (if not disposed of in accordance with this section) be available for distribution by the Secretary of State, or the Marine Management Organisation or any Inshore Fisheries and Conservation Authority on behalf of the Secretary of State, for use by English fishing boats;
�English effort quota� means so much of an effort quota as would (if not disposed of in accordance with this section) be available for distribution by the Secretary of State, or the Marine Management Organisation or any Inshore Fisheries and Conservation Authority on behalf of the Secretary of State, for use by English fishing boats;
�English fishing opportunities� means the right to use English catch quota and English effort quota.
�Fixed Quota Allocation Units� shall have the meaning ascribed to them in the UK Quota Management Rules 2015 in so far as they apply to England.�
George Eustice
In the fisheries White Paper, we made it clear that, on leaving the EU, any additional quota we may receive during the negotiations will be distributed using different methods from the current FQA allocation system. That will be done using a range of different mechanisms. We are amending the Bill to make it clear that quota will not necessarily be put up for sale to the highest bidder. We may allocate it on a range of other criteria, such as sustainability, the needs of coastal communities and the reliance of certain sectors on specific stocks.
Amendment 6 simply includes a duty to consult stakeholders prior to making any regulations governing the distribution of additional quota. That demonstrates transparency and supports our commitment to work with stakeholders to shape a new future for the UK industry.
Luke Pollard
I am grateful that the Minister has clarified that additional quota will not be auctioned to the highest bidder. Does he feel that that is sufficient to ensure that small fishers and new entrants to the sector will not be discriminated against? There is a real fear in the fishing sector that the auction function in the Bill will mean that if either this Government or a future Government want to earn some quick cash from the sector, they will seek to auction any additional fishing opportunities to the highest bidder, further cementing the huge monopoly that the large fishing organisations already have in the sector.
George Eustice
I am grateful to the hon. Gentleman for his brevity in making an important point. I have been very clear that one of the ways of allocating new fishing opportunities that we are considering is a competitive tender process, but the tender is not just about the price to be paid. We want to judge producer organisations on their compliance track record and what they are doing to improve selectivity and reduce their environmental impact; to encourage new entrants into the industry; and to put economic benefits back into coastal communities. I believe that is the right approach. I can confirm that, as amended, the clause will make that explicit and broaden it out to ensure that we can have the type of competitive tender process that I have talked about at many stages during the passage of the Bill.
Peter Aldous
I shall speak to new clause 20. The distribution of fishing quota to the commercial sector is one of the Government�s most important functions. As we have heard, it will, to a very large extent, determine the success or failure of the fishing industry post-Brexit. It is generally acknowledged that the current system is dysfunctional as it encourages the over-concentration of ownership and has permitted the foreign dominance of the UK fishing business�something that other EU member states have managed to avoid.
There is a concern that the current regulations do not go far enough, as there is the matter of creating a disposal mechanism of English fishing rights as well as a regulatory mechanism. The new clause seeks to address that concern. I look forward to hearing the Minister�s response.
George Eustice
My hon. Friend has tabled a very long new clause. In essence, I think it seeks to do two things. First, it talks again about a national asset. It is an aspect of quota allocation that we have discussed many times before, so I will not repeat what I have said about our common law tradition and the fact that it goes without saying that it is a national asset.
Secondly, underlying the new clause is a concern that the new method of allocation that we might adopt might create new proprietorial rights for those who are successful in the tender. I can confirm that that is exactly what we are seeking to avoid through the Bill. That is why we explicitly talk about the use of catch quota rights for a calendar year. It would be possible to have a tender that had an entitlement to a particular right that would go to several years, but it would only ever be for the duration of that tender and would terminate at the end of that process. There will be no accumulated property rights in the tender or auction process that we set out in clause 22. I therefore hope that my hon. Friend will accept that, although a great deal of work has gone into drafting his very detailed and comprehensive new clause, it is in fact unnecessary.
Amendment 5 agreed to.
Amendment made: 6, in clause�22,�page�13,�line�7,�at end insert�
�( ) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State thinks appropriate.�.�(George Eustice.)
This amendment would require the Secretary of State to consult before making regulations about the sale of fishing opportunities.
Clause 22, as amended, ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.�(Iain Stewart.)
Fisheries Bill (Seventh sitting)
George Eustice ExcerptsThursday 13th December 2018
(5 years, 11 months ago)
Public Bill CommitteesRead Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 13 December 2018 - (13 Dec 2018)
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I beg to move amendment 64, in schedule 2, page 31, line 16, at end insert—
“(2A) A sea fishing licensing authority must attach to any sea fishing licence appropriate conditions with respect to the safety of the boat and its crew.”
This amendment would require the licensing authority to set appropriate conditions regarding safety when granting a sea fishing licence.
It is good to see everyone back for more fish fun and games. The amendment relates to the conditions attached to a sea fishing licence. As Jerry Percy, who represents the New Under Ten Fishermen’s Association, said in last week’s evidence session:
“Fishing, unfortunately, still carries the record as the most dangerous occupation in the world.”––[Official Report, Fisheries Public Bill Committee, 4 December 2018; c. 39, Q67.]
Just last week, a report came out on the tragic sinking of the Solstice, a trawler from the constituency I represent. It is a tragedy that too many fishermen die each year catching our fish suppers. We touched on safety during our discussions of amendments 41 and 42 to clause 1, “Fisheries objectives”, and schedule 2 provides another opportunity to address the urgent need for improvements to safety in the industry by setting suitable conditions in relation to sea fishing licences.
Yesterday, in the annual fisheries debate—because we have not had enough debates about fishing, so one more was welcome—I paid tribute to all the fishers who lost their lives at sea. Normally the debate starts each year with such tributes, but yesterday it kicked off with an argument over Brexit and fishing. I welcomed the Minister sticking to that convention in his remarks and paying tribute to the six people who died at sea in the past year. It showed his class in not forgetting, or allowing Brexit to overshadow, that important tradition, and I thank him for that.
Returning to amendment 64, fishermen surveyed as part of Seafarers UK’s recent “Fishing for a Future” research publication reported that
“accidents at sea were commonplace”
with many
“having experienced capsized and sinking vessels as well as falling overboard, while over a third reported…injuries received as a result of accidents.”
Others reported an impact on their health as a result of their working conditions. Those research findings are supported by the latest statistics from the Marine Accident Investigation Branch, which revealed that five fishermen died in separate incidents between the months of September and November 2017, while the Sea Fish Industry Authority has identified 535 serious injuries to fishermen in the past 10 years. Sadly, there were six deaths in the past year, as the Minister noted in yesterday’s debate. Back pain and arthritis are common health conditions experienced by fishermen as a consequence of their work environment. Typically, injuries experienced by fishermen surveyed in the “Fishing for a Future” report included
“fractures, partial loss of fingers and fingertips and a lost thumb. While many hand injuries were caused by filleting knife accidents, others were winch or hauler accidents. Jellyfish stings and various crush injuries from equipment such as a clam dredge, pots, net bins,”
and other gear were also reported.
The Opposition would like to use this Bill to make the case for fishing to be a better and safer place to work for all our fishers.
Marine safety is an issue for many small boats because of the pressures on those boats, and because—as we discussed the other day—the 10-metre limit has led to different configurations of fish for strength and capacity, rather than for stability. There seems to be good universal agreement that personal locator beacons attached to lifejackets are good things, but buying new lifejackets with PLBs and registering them involves a cost to fishermen.
Seafarers UK, responding to the fisheries White Paper, made other recommendations, which we also want to flag in relation to the requirements for sea fishing licences. The first of those recommendations is the maintenance of a UK-wide standard for
“fishermen’s health, safety and welfare”
to ensure a commonality of approach among all the UK’s Administrations. The second is the establishment of a successor to the European maritime and fisheries fund to support small-scale, low-impact, inshore fishermen and small fishing ports in making enhancements to vessels, infrastructure and ports, particularly in respect of enhancing safety. I am grateful that the Minister spoke about the money allocated to that in the Budget.
Seafarers UK also recommended that a co-ordinated approach should be developed to training new entrants to the fishing industry to help future generations of fishers to begin their careers in a safe and sustainable manner; that the views of small-scale, low-impact fishermen should be heard during consultations on legislative changes and fisheries management; and that the proposed changes should be financially supported and/or proportionally costed according to their impact on a fisher’s livelihood and their ability to pay. Finally, it recommended that we share the ambition of the Fishing Industry Safety Group and many others to reduce fishing fatalities at sea and in port to zero.
The amendment is about how we can ensure that sea fishing licences take proper regard of the safety considerations that affect the day-to-day lived experience of our fishers. I will be grateful to hear the Minister’s response.
The Minister for Agriculture, Fisheries and Food (George Eustice)
We discussed safety under a previous group of amendments. Safety is incredibly important, as fishing is the most dangerous occupation. As the hon. Gentleman said, tragically in the past year six people have lost their lives while fishing to put food on our table, so we absolutely recognise the importance of the issue. As he is aware, this is a priority for my hon. Friend the Shipping Minister, who held a summit with representatives of fishing organisations this summer. The hon. Gentleman will also be aware that in the most recent Budget, the Treasury announced a fund to support investment to help safety at sea. Also, we recently announced additional matched funding for the EMFF fund to support coastal communities and measures including safety improvement.
As I explained in a previous sitting, we do not believe it is necessary to add a safety requirement to a fishing licence for the simple reason that provisions on the safety of any vessel, whether a fishing vessel or another type of vessel, are already covered by the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997, which applies to all domestic vessels. It is not possible for a person to get a fishing licence at all unless they have already crossed that threshold and their vessel has passed a seaworthiness test. In the absence of that, it is not possible to get a fishing licence. That provision has already been made.
As I also mentioned previously, there are some issues with some of the under-10-metre vessels. I described the rather bizarre practice that some people engage in of chopping the end off their boat, selling their quota and then claiming that they are under 10 metres to access the pool. There are some concerns about the resulting stability, so we are looking at a different way of measuring inshore, low-impact fishing vessels—perhaps by looking at vessel size or another measure. Our White Paper highlights that and makes provision for us to consider a better way.
From next year, we will require that an inshore vessel monitoring system be used. The new IVMS system will be a requirement for all smaller vessels. It sends a signal every two minutes, so if there is a problem, the Maritime and Coastguard Agency will easily be able to detect where those vessels are.
Mike Hill (Hartlepool) (Lab)
On a point of clarification, will the IVMS be extended to what would be considered leisure fishing under-10 craft?
George Eustice
No. It will be a requirement for anybody who is engaged in commercial fishing, but there are other systems, including the automatic identification system, which some leisure craft use as a safety device. The IVMS system is for those who are fishing commercially.
Bill Grant (Ayr, Carrick and Cumnock) (Con)
There is merit in this amendment on the safety of those who go to sea, but one wonders whether the Bill is the wrong place for it. I sense that there is need for greater training to embed a health and safety culture in those who go to sea. We have some way to go in that regard.
George Eustice
My hon. Friend makes a very important point. As I said, other pieces of primary and secondary legislation make provision for the seaworthiness and safety of vessels, so it does not need to be a condition of a fishing licence. It is absolutely the case that we need to take safety more seriously. As the right hon. Member for Orkney and Shetland said in a previous debate, sometimes attitudes to safety are not what they ought to be.
A lot is done by way of training. Seafish runs a number of projects in this area, and there are marine schools around the country. Indeed, when I visited Shetland several years ago with the right hon. Gentleman, we went to a marine school that trains fishermen in safety and vessel handling. We have a number of institutions, establishments and projects that support training, and over the past few years about 500 fishermen have been through those training courses and gone on to enter the industry.
I hope that I have been able to reassure the hon. Member for Plymouth, Sutton and Devonport. As I said in our previous debate, we absolutely take safety seriously. He makes an important point, but it is covered already under the merchant shipping and fishing vessels regulations and therefore does not need to be added to the schedule.
Luke Pollard
I am grateful to the Minister for setting out that position. It would be useful if he and his colleagues in the Department for Transport reflected further on certain areas. He spoke about dumpy boats—boats with the ends cut off to get under the 10-metre limit—but another concern on those smaller boats is swapping the type of gear, which can affect stability: gear types might be swapped over without the stability assessment taking place to ensure that the vessel goes to sea safe.
The Minister should also reflect on where EMFF funding goes, to ensure that safety is one of the criteria applied to new sea fishing licensing so that we have the highest standards possible. I know that he is working with DFT colleagues to do that, but the opportunity for us to reset our fishing framework and to have high levels of marine safety is one that we need to seize with both hands, whether it is a Department for Environment, Food and Rural Affairs responsibility or a DFT one.
I would also be grateful if the Minister continued conversations with his colleague the Shipping Minister, especially to pick up some of the recommendations that have come out of marine accident investigation branch reports that have not yet been implemented by the Government—a number are still outstanding. Further consideration of those recommendations would greatly enhance the marine environment. However, on the basis of the Minister’s response, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
George Eustice
I will explain some of the background to the existing economic link, because my contention is that the amendment is both unnecessary and potentially unhelpful in that it could frustrate or limit our ambitions to improve that link. A landing requirement is already included on all UK fishing vessel licences as part of our existing economic link condition. Paragraph 1 of schedule 2 to the Bill already includes powers to attach licence conditions requiring the landing of a catch into the UK.
Hon. Members should understand the background. The genesis of the current economic link was an important test case, called the Factortame case, which gained notoriety because, rather shamefully, the European Court effectively held that European law was indeed supreme over laws made by this Parliament. It was a controversial judgment, because it was the first time that people started to realise that membership of the European Union was highly detrimental to our sovereignty. It was only through another notorious case a decade later, the “Metric Martyrs” case, that the judgment of our Supreme Court—I think it was the House of Lords in those days—held that if Parliament explicitly revoked the European Communities Act 1972 or explicitly set aside elements of EU law, Parliament’s supremacy could be restored. Thankfully, we have all voted to trigger the article 50 process, and the EU (Withdrawal) Act 2018 has now passed Parliament and revokes the European Communities Act. That is the background.
After we lost the Factortame case, the Commission held that the UK should benefit from UK quota, so in 1999 we introduced the economic link condition. The current condition, which is attached as a condition on all vessels, says that they must land at least 50% of their catch of quota stocks into UK ports, have at least 50% of their crew normally resident in the UK, spend at least 50% of operating expenditure in UK coastal areas or, finally, demonstrate other real economic links such as contributing some of their quota to the inshore pool. Thus, we already have a comprehensive set of economic links.
We intend to review the economic link to see whether it can be strengthened. Perhaps on certain species it would be appropriate to attach a condition that says the proportion should be higher than 50%—perhaps considerably higher. Earlier this summer I visited the Faroes, and the Faroese Fisheries Minister told me that he had a proposal that said all Faroese vessels must land 80% of their catch into the Faroes. The Faroese Parliament, in its wisdom, decided to move that to 100% of the catch. The difficulty, he explained to me, is that the Faroes now has a problem: its fishermen are sometimes effectively held to ransom by a small number of processors on the Faroes, because they are required by law to land all their fish in the Faroes, which means Faroese fishermen do not always get the price they should get.
That links to a very important point that we heard in evidence from Bertie Armstrong from the Scottish Fishermen’s Federation, also made eloquently by the right hon. Member for Orkney and Shetland: we want to be able to retain the ability for fishermen to land their fish in the place where they will get the highest price. If there are too many onerous restrictions on landing, on some species fishermen may be put in a position where they can be held to ransom and end up being price takers rather getting a fair price for their catch. I am sure that is not what the hon. Member for Plymouth, Sutton and Devonport intends.
I can reassure the hon. Gentleman that the economic link already exists and provides for all the things he seeks to achieve in the amendment, and more besides. We should review and strengthen the economic link as we leave the European Union. We want to do that in collaboration with other parts of the UK; we want to talk to the Scottish in particular, who have strong views, so we can have an agreement for a UK economic link. We need some dialogue with the devolved Administrations, but we must recognise that we should be cautious on some species, since we do not want to put our fisherman at a disadvantage and force them to take lower prices than they could otherwise receive.
I hope, on that basis, the hon. Gentleman will withdraw the amendment. We would be more than happy to share with him some of our thinking about how we could improve and refine the economic link in time for Report.
Luke Pollard
I am grateful for hon. Members’ contributions. It might be helpful to direct the Committee’s attention to new clause 13, especially subsections (2) and (3). It talks about the ability of the Secretary of State to say that some species might not necessarily need to hit 50%, and if so to publish the reasons why. That would address the concerns the Minister raised. The example of the Faroes provides the reason the requirement is not 100%, but at least 50%, with the ability to vary it, should be required.
That is an important consideration because, at the moment, the fishing community does not believe the economic link works in the way the Minister tried to reassure us of. There is a strong sense that, actually, fish caught under UK quotas are not being landed in UK ports and we are not receiving the benefits. That is certainly a sentiment on every quayside, be it in Devon and Cornwall in the west country, through the east coast and up to Scotland.
George Eustice
Does the hon. Gentleman not accept, though, that in 1999 the Labour Government introduced the current economic link, which required 50% of quota stocks to be landed in a perfectly sensible way for 20 years? Given that attaching a condition to a vessel licence has worked for 20 years, why do we need to change that?
Luke Pollard
I simply do not think it is working—it is not carrying the confidence of the industry. Part of the amendment is about being clear to the industry what kind of objectives we want in a revised fishing portfolio. The contributions on Second Reading and the feedback on the White Paper from fishers show that a strengthened economic link is an important part of that.
It is important that we talk about why a strengthened economic link is so important. As the hon. Member for Glasgow North East mentioned, it provides the additional trades and jobs that come from that. The industry’s confidence in that economic link is not there. I invite the Minister to spend more time on the fish quays speaking to fishers about the economic link, because that is not the view that has been expressed to me and my colleagues.
I am slightly disappointed that the Minister did not take up the genuine offer I made to work to find a better form of words. There is a real sense that this provision should be better than it is at the moment. I would be very happy to see if, on Report, we can strengthen that economic link in the schedule. At the moment, 50% is required. The Minister seeks not to allow any changes in our quota allocation after we depart the EU unless they are better than we currently have—we will come to that. The same principle of getting a better deal than we have at the moment should apply to the economic link. If the Minister wants to work with us to improve schedule 2 to include “at least 50%”, I will be happy to work with him. As he is looking at me blankly, I suspect he has not been given permission to do so. I will therefore press the amendment to a vote.
Question put, That the amendment be made.
Mr Carmichael
I think it is fairly well known in the House that I am essentially a simple soul. I lead my life according to some basic rules, from which I do not depart. One of them is to never mix water and electricity. No good ever comes of it. This amendment touches on one other example of that basic truth, from which we should not depart. It is quite remarkable that occasionally the industry manages to throw up new, innovative ways of doing things that are self-evidently wrong.
When I was first elected to this House, one of the biggest complaints from the industry at that time was the operation of the Danish industrial fishery in the North sea hoovering up just about anything that was in the water, with mesh sizes in the region of 2 mm or 3 mm. It was as unsustainable a fishing method as one could imagine, and it was rightly stopped—eventually. This is another such example. It is self-evident that this sort of thing should not be allowed. The precautionary principle, about which the hon. Member for Waveney spoke, is absolutely the right approach to take. Whether that needs to done through primary legislation is another matter, but we have primary legislation. This is the first time in my 17 and a half years as a Member of Parliament that we have had a specific fishing Bill. Since we have it, why do we not use it?
George Eustice
This is an important issue, which I have discussed many times with my hon. Friend the Member for Waveney. I want to explain the arguments that advocates of pulse trawling put forward, the arguments against it, and my position and the one we have therefore adopted within the EU at the moment, as well as how I tend to address this issue. I think I have a solution that may be even faster than the passage of the Bill.
The advocates of pulse trawling make a reasonable argument that conventional beam trawling literally drags a chain across the seabed, destroying and crushing everything in its path, to get flat fish to jump up into the nets, whereas a pulse beam trawler does not drag a chain across the floor of the seabed, but hovers above the seabed and sends the electric pulse down. There is evidence that this type of fishing uses less fuel, so the carbon footprint of fishing vessels using this method is lower.
However, the opponents—I am one—point to a number of other problems. First—this is why fishermen in my hon. Friend’s constituency are so concerned—although pulse trawling does not disturb the seabed to the same extent as conventional beam trawling, it makes it possible to fish areas that could not otherwise be fished. Paradoxically, the ability to fish parts of the ocean where conventional gear types could not have gone means that areas of the seabed that might have been seen as a sanctuary for some flat fish, because it was technically not possible to fish them, can now be fished. That increases fishing pressure, because there are more vessels able to catch more fish in more areas, more quickly.
Secondly, as my hon. Friend pointed out, there are lots of anecdotal reports of gadoids, in particular cod, having their backs broken by this technique. There is evidence from some of the tank studies that it can affect the navigation of some fish. The electric pulse can disturb their navigation and affect their ability to feed and migrate. The third problem is that we do not really know what impact the electric pulse might be having on smaller organisms—young fry, small lobsters, eggs and other types of early-developing sea life. We do not know the full impact of that, and there are concerns that it could be having a detrimental effect, breaking the food chain and therefore causing other problems.
Luke Pollard
I am grateful to the Minister, who, as has just been mentioned, has clearly put a lot of thought and effort into looking at how this practice can be banned. If the statutory instrument is indeed laid in January before Report, that gives us an opportunity to consider all the detail. However, if that is insufficient, the amendment will be coming back on Report. The Minister specifically spoke about foreign boats in relation to this matter, but according to Marine Management Organisation figures there are 11 boats in the UK that were initially equipped with electric pulse beam trawling equipment, and three of them are still equipped with it. Can he confirm whether the SI that he mentioned would include UK boats as well?
George Eustice
There are currently six UK-registered vessels that are licensed to use the derogation. Only three currently do. I think they are Scottish vessels, and the Scottish Government have their own particular view on this, but only three UK vessels use it. If we were serious about doing a genuine scientific experiment to explore this further, doing so with three vessels would make sense. If we then wanted a total prohibition with no scientific exemption at all, we have plenty of powers in the Bill, once it is passed, to do precisely that. I believe the overwhelming pressure here is coming from those 84 Dutch vessels, and if we can deal with that, we will have solved the problem.
Luke Pollard
I am grateful for that answer. On the basis of the Minister’s commitment to lay the SI in January and to ensure that it is sufficiently robust to address the concerns that both the hon. Member for Waveney and the Opposition have suggested, I am happy to withdraw the amendment. However, I give notice that it will be coming back if the SI is not sufficiently robust to address those concerns. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Luke Pollard
Again, the hon. Member for Waveney has raised a good point about an issue on which we need greater transparency, to continue the theme we touched on with amendment 33. On that basis, the Opposition concurs with him.
George Eustice
I will take this opportunity to explain how the current licensing system works. I think I can reassure my hon. Friend the Member for Waveney that what he seeks to achieve is already in the public domain and published on the MMO website.
The UK has three different types of licence: categories A, B and C. In most cases, a category A licence is used, which is issued to both under-10 metre and over-10 metre vessels and allows them to fish for specific quota and non-quota species. Licences for certain other species, such as shellfish or deep-sea stocks, are granted in addition to, rather than instead of, that category A licence. Conditions attached to the licence set out the specific requirements to which the vessels must adhere, such as the economic link requirement and reporting obligations. Conditions related to different fisheries indicate the species that can be fished and the area where they can be fished.
The licences and conditions are already published, on the MMO website. When foreign vessel licences and associated conditions have been agreed, they will be published on the Government’s website and so will be accessible to the public, as they are now through the MMO website. The MMO already publishes on its website the conditions it places on English licence holders.
Our intention is for foreign licences to be time-limited and definitely not tradeable—another issue that my hon. Friend the Member for Waveney was concerned about—so there is no prospect of a foreign vessel licence accruing a monetary value. The other matters on which he sought assurance are already published by the MMO.
Luke Pollard
I beg to move amendment 75, in schedule 2, page 34, line 19, leave out “negative” and insert “affirmative”.
The observant in Committee will have noticed that this amendment is similar to amendments 23, 70, 71, 76 and 77, but we have not yet reached those. Members will not have to endure this speech six times; they need not worry—I have six separate speeches.
The amendment might seem rather esoteric and, I dare say, boring, techy or legalistic, but it is an important part of how much transparency the new fisheries regime after we leave the EU will have, and how much scrutiny will be given. We have previously tested this important issue with the Minister, on the Agriculture Bill. The negative procedure is provided for in several places throughout this Bill. The Labour party was concerned about that during the passage of the European Union (Withdrawal) Act 2018, and we have not stopped worrying about where it sits in this Bill. Curiously, there are far fewer instances of the negative procedure in this Bill than in the Agriculture Bill. That is welcome.
The Bill also has a higher proportion of duties than powers. The opposite was the case in the Agriculture Bill, so some of our scrutiny of and pressure on the Minister has had some effect. The House of Lords Delegated Powers and Regulatory Reform Committee reports on both Bills helpfully drew attention to how they had been drafted differently, even though they were produced by the same Department and are the responsibility of the same Minister—he is a lucky gentleman to be covering so many important issues. That is curious, to say the least, and perhaps points to the enormous pressure that the Government’s approach to Brexit places on officials and Ministers.
I acknowledge that the Delegated Powers and Regulatory Reform Committee report on the Bill was very kind to Ministers. It stated that of the 15 delegated powers in the Bill, “only four” were governed by the negative procedure and, according to the Committee, “justifiably so”. We seem to have identified two more instances than that Committee did, and we do not necessarily agree that all six are justifiable—hence our six amendments for a move to the affirmative procedure instead.
We believe that enhanced scrutiny is an important part of the process, so it should not simply go through on the nod. The amendment is concerned with regulations that might impose charges, so it is particularly important to consider the level of scrutiny. I would be grateful if the Minister would address those points.
George Eustice
As the hon. Gentleman has highlighted, the Government believe that in this Bill we have struck the right balance between the need for parliamentary scrutiny and the need to be able to react quickly. As he pointed out, although the Lords Delegated Powers and Regulatory Reform Committee was rather critical of the number of negative resolution powers the Government sought in the Agriculture Bill, it gave us a glowing report with respect to the Fisheries Bill. It said:
“Of the Bill’s 15 delegated powers that have a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so”,
so our approach to those powers has that Committee’s support.
Mr Carmichael
Anyone seeking evidence of the issue the hon. Member for Waveney raised is more than welcome to come and visit us in Orkney or Shetland and look at the cliffs. Cliffs that were once white with seabirds and other things—evidence of seabirds—are often empty at times of the year when they should be full. That causes enormous concern in our community. It is a good example of the way an ecosystem-based approach can bring benefits to the community beyond the fishing industry. Nature tourism is one of the liveliest and most rapidly growing sectors in our local economy, and it is a welcome boost. The sand eel fishery self-evidently has been a foolish enterprise for many years, and I very much endorse the hon. Gentleman’s comments and his efforts to end it.
George Eustice
My hon. Friend the Member for Waveney, having got important concessions on the Dutch fleet, turns his attention to taking on the Danes. As he knows, sand eels are a shared stock, but about 90% of the sand eels caught in the UK’s exclusive economic zone are caught by the Danish fleet around Dogger Bank, although Sweden also has some interest in this area.
We are giving consideration to the issue, but, as my hon. Friend acknowledges, access to the sand eel stock is the most important access that Denmark receives from the UK, so we will have to consider it in the context of our annual fisheries exchanges. There is a full data assessment for the stock, and ICES provides annual recommendations for a TAC on sand eels in the Dogger Bank area. In recent years, with the exception only of 2016, the TAC has been set in line with ICES recommendations.
The issue with a unilateral ban on the fishing of all sand eels in all UK waters is that we would be likely simply to displace that fishing activity, so there would be unsustainable catches of sand eels in waters outside the UK EEZ. However, my hon. Friend highlighted a number of measures we could consider to address that. First, as he pointed out, the so-called Wee Bankie sand eel fishery has been closed since 2000. As we leave the EU, I certainly would like to explore whether we could consider a similar closure in a particular area to try to protect the sand eel population closer to shore, where birds are more likely to be, so they have a food source.
The second approach to which my hon. Friend alluded is to do something more akin to what we do in some shellfish sectors. We have a principle in cockle fisheries of reserving a proportion of cockles for wading birds so we do not deprive them of a food source. Local inshore fisheries and conservation authorities take into account the needs of wild birds when setting catch limits for cockles. Given the way ICES advice is generated, based as it is on maximum sustainable yield, it tends not to place great weight on such considerations, but there is no reason why, in the context of future UK-EU bilateral negotiations, we should not seek to argue that there should be more restraint on species such as sand eels where they have an important role as a food source for birds.
This is a complex area, and some scientists would say that it is not just sand eels that are used but other species, too. However, I am certainly happy to say that we will look at it, and I hope my hon. Friend does not feel the need to press the amendment to a vote.
Peter Aldous
I am grateful to the Minister for that explanation and for the reassurance he provided. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 14 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Iain Stewart.)
Agriculture and Fisheries Council
George Eustice Excerpts(5 years, 11 months ago)
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The Minister for Agriculture, Fisheries and Food (George Eustice)
As the provisional agenda stands, the only item for fisheries will be a Council regulation on Atlantic and North sea TACs and quotas for 2019, for which a political agreement is sought.
The primary focus for agriculture will be on the post-2020 common agriculture policy (CAP) reform package. Council will consider a progress report, covering three regulations: one on CAP strategic plans; a second on financing, management and monitoring of the CAP; and a third on common market organisation (CMO) of agriculture products.
Council will also hold an exchange of views on the updated EU bio-economy strategy.
There are currently six items scheduled for discussion under any other business:
information from the Croatian delegation on the inter- parliamentary conference “The role of Parliaments in shaping the future of food and farming” (Zagreb, 22-23 November 2018)
information from the Commission on the current legislative proposal on a regulation amending regulations (EU) No. 1305/2013 and (EU) No. 1307/2013 as regards certain rules on direct payments and support for rural development in respect of the years 2019 and 2020
information from the presidency on the conference “The development of Plant Proteins in the European Union—Opportunities and Challenges” (Vienna, 22-23 November 2018)
information from the presidency on massive forest damage in Europe
information from the Commission on the follow-up to the Fipronil incident: state of play of implementation
information from the Danish delegation on the establishment of an international centre for antimicrobial resistance solutions (ICARS) to strengthen the fight against AMR internationally and especially in low and middle-income countries.
[HCWS1176]
UK Fishing Industry
George Eustice Excerpts(5 years, 11 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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The Minister for Agriculture, Fisheries and Food (George Eustice)
Thank you, Sir Henry. I congratulate my hon. Friend the Member for South East Cornwall (Mrs Murray) on introducing our annual fisheries debate.
A number of us in this room spent a full day in Committee yesterday debating the Fisheries Bill. Immediately after this debate, at 11 o’clock, I am giving evidence on fisheries to the Lords EU Energy and Environment Sub-Committee. This afternoon, at half-past two, I am giving evidence on fisheries to the Select Committee on Environment, Food and Rural Affairs, and tomorrow we have another day of debate on the Bill. So it is very much a diet of fish for me this week, and rightly so. For our fishing industry, this is a critical time of year, when fishing opportunities are set.
Our fishing, aquaculture and processing industries are worth around £1.5 billion a year to our economy. They employ 33,000 people and have incredible significance to many of our coastal communities, not least, as the hon. Member for Great Grimsby (Melanie Onn) said, those where much of our processing is done.
Fishing is also, as the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) pointed out, one of the most dangerous occupations in the country. The risks that fishermen take to put food on our table are something that we must always acknowledge. I am sad to say that, during 2018, six fishermen from this country lost their lives in the course of their work. I am sure we all send our condolences to the families involved.
The hon. Member for Plymouth, Sutton and Devonport has campaigned on safety issues for a long time, alongside his constituency neighbour, my hon. Friend the Member for South East Cornwall, who herself was affected by a personal tragedy in this area. Partly due to my hon. Friend’s lobbying, there was an announcement in this year’s Budget that a new fund would be created to invest in safety equipment to improve the safety of our fishing vessels. That is an important step forward, but we must remain constantly vigilant.
The focus of today’s debate is predominantly on the December Agriculture and Fisheries Council, which is taking place next week, and that is what I want to focus most of my comments on, although I recognise that it is taking place in a wider context. This is the last December Council for which the UK will be a member of the European Union. There is a live debate about the nature of the withdrawal agreement and any implementation period as we depart from the European Union. As I mentioned earlier, the Fisheries Bill is going through Parliament at the moment. The Committee debate began yesterday, and we have another day ahead of us tomorrow. The Bill sets out all the powers the Government need in order to take back control of our exclusive economic zone, to license foreign vessels, to prohibit them from entering our waters to fish in the absence of a licence, and to set fishing opportunities and quotas. As we leave the European Union, we will become an independent coastal state again. We will represent ourselves in negotiations with our neighbours, including the Faroes, Iceland, Norway and the rest of the European Union.
I return to this year’s annual negotiations. As a number of hon. Members pointed out, this year, in most of our waters, the position is undoubtedly more challenging as far as the science is concerned—in the North sea, in particular. The EU-Norway deal has now concluded, but the science was very challenging on a number of key stocks. There have been some significant reductions in the EU-Norway deal, with whiting down by 22%, cod down by 33% and haddock down by 31%. It is important to recognise that, over the past three years, there have been significant rises in those stocks, as the science was positive. Just as we will increase the fishing opportunities when the science allows it, we must be willing to take the difficult decision to reduce fishing opportunities when the science demands it.
It is not all bad news. There has been an increase in saithe, which is up by 18%, and plaice, which is up by 11%. The proposal for anglerfish in the North sea is plus 25%, western hake is plus 27%, and megrim in the wider area is up by 47%. There are some positive notes this year, but the overall background is challenging.
This year’s Council will be dominated by one issue: the problem of choke species, which I want to spend most of my comments reflecting on. We are in the final year of the introduction of the landing obligation. That means that, next year, every species must be covered by the landing obligation. That presents major challenges for parts of our fleet, notably cod in the Celtic sea, for which the recommendation is for a zero total allowable catch; west of Scotland cod and whiting; and Irish sea whiting, which the hon. Member for Strangford (Jim Shannon) mentioned.
The problem we have had with the landing obligation is that, although progress has been made, lots of species have been put on and the working groups have identified survivability exemptions and other approaches, the most difficult issues of all have been left till last, for understandable reasons. We are now confronted with those difficult decisions. There have been a number of problems with the roll-out of the landing obligation. First, the original plan was to have interspecies flexibility, so if someone ran out of quota for one stock, they could use another. In practice, that can be done only when species are within safe biological limits. Paradoxically, when people most need to use interspecies flexibility, they are least able to because of that requirement.
Secondly, although the working groups have made progress, not every member state is as enthusiastic about this approach as we are. We have not made as much progress as we would have liked. For instance, the UK argued that we should have cameras on boats. Other member states frustrated that, which has made it difficult to get reliable information about the discard uplift.
Finally, the discard uplift in the quotas for the species under the landing obligation has continued to be allocated along relative stability lines, and that has been a major problem for us. The discard uplift has not been allocated to the sections of the fleet that had the greatest problem with discards; it has been allocated along relative stability lines. As my hon. Friend the Member for South East Cornwall pointed out, relative stability gives the UK a very unfair share of fishing opportunities, and means that the problem of choke species is particularly acute for some of our fleet.
The UK Government set out in our White Paper and the Bill a new approach to tackling the issue of the landing obligation and discards, with the idea of the creation of a national reserve of quota that would underpin a system in which we would charge a super-levy on over-quota stocks and fish that vessels would land. There would be the maximum possible financial disincentive on fishermen to avoid those stocks, but if they could not avoid them, there would be a means that allowed them to land that catch, subject to a levy.
In around March or April this year, we recognised that the working groups were not going to make sufficient progress in identifying solutions to the problem of choke. I met Commissioner Vella in July, and we set out some early proposals, and officials in the Department for Environment, Food and Rural Affairs have been working with Commission officials ever since. The Commission has now proposed something akin to the British idea set out in our Bill. It calls it a “Union pool”, and it is similar to our national reserve idea. It is modelled along British thinking and will create a pool of quota that can be used to support a bycatch provision on problematic stocks, particularly those with zero TACs.
Mrs Murray
Will access to that pool be shared equally, or will it be on the lines of relative stability?
George Eustice
My hon. Friend will understand that that is a live discussion. Some countries believe that it should still be along the lines of relative stability. We do not believe it should be, since that compounds the problem.
The alternative solution is to put more stocks on what is called the prohibited list. People are not allowed to target or catch them, but if they accidently catch them, they can be discarded. For understandable reasons, the Commission is reluctant to do that. It would be preferable to find an alternative solution using bycatch provision.
I turn now to the points raised by other hon. Members. A number of hon. Members, including my hon. Friend the Member for Banff and Buchan (David Duguid) and the hon. Members for Strangford and for Argyll and Bute (Brendan O'Hara), raised the issue of non-European economic area labour, which is important to crew some of these vessels. They will understand that that is an issue for the Home Office, so if they are talking to Home Office Ministers, they are talking to the right people. I undertake to talk to my ministerial colleagues in the Home Office again after this debate to see whether we can make some progress on this issue.
Brendan O'Hara
Will the Minister take from this debate our strength of feeling? When he speaks to his ministerial colleagues, will he advocate on behalf of those of us who desperately need this law changed?
George Eustice
As I said, I undertake to talk to my ministerial colleagues about that.
The hon. Member for Great Grimsby made the important point that, although we are leaving the European Union, we will still have annual fisheries negotiations with all our neighbours, just as Norway, Iceland and the Faroes do now. We will want to maintain good relations, and will rejoin the regional fisheries management organisations as an independent coastal state. I know that trade is very important for her constituency, but there is often a misunderstanding here. Although Iceland and Norway are in the EEA, the EEA agreement itself does not cover fisheries trade. Fisheries is outside the EEA trade agreement, but there are a number of separate preferential free trade agreements and what are called autonomous tariff rate quotas to allow tariff-free fish from Iceland and Norway, and even from the Barents sea and places such as Russia, to enter the UK. We are confident that we will be able to roll those preferential trade agreements forward.
My hon. Friend the Member for St Ives (Derek Thomas) raised the important issue of bass. We have led the discussions on it for a number of years. Last year, we argued against the overly restrictive bycatch provision for trawlers, and for some provision for the recreational sector. We believe that the science has moved our way on that, and we will be arguing that again. The idea of an advisory committee is interesting. We already work with the Cornish Fish Producers Organisation, and we are looking at whether we can involve the inshore fisheries and conservation authorities in some of our thinking ahead of the December Council.
Finally, the right hon. Member for Orkney and Shetland (Mr Carmichael) raised the issue of the EU-Faroes deal. I can tell him that when we leave the EU, it will be a UK-Faroes deal, and we will not have the problem of British interests being traded away for other EU countries’ interests.
Question put and agreed to.
Resolved,
That this House has considered the UK fishing industry.
Fisheries Bill (Sixth sitting)
George Eustice ExcerptsTuesday 11th December 2018
(5 years, 11 months ago)
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Luke Pollard
I agree with my hon. Friend. When we are looking at such potentially seismic changes as doing away with the fixed quota allocation system and reallocating quota on a larger basis, it is important to have an annual opportunity in the parliamentary calendar for the Government to present the evidence, statistics and science behind where fisheries stocks are, along with progress towards any reallocation.
The other part of amendment 48 relates to the statement being published annually. There is confusion about when precisely the UK will exit the European Union and under what arrangements, but the amendment states in proposed new subsection (3B) that there would be a fisheries statement within 12 months of the provision coming into force. Effectively, whenever we left the European Union, be that in the fashion planned by the current Prime Minister or in a way not planned by her, within 12 months there would be a statement and we would have an opportunity to update and see progress against the fisheries objectives we debated this morning.
[James Gray in the Chair]
The Minister for Agriculture, Fisheries and Food (George Eustice)
All the amendments seek a statutory requirement for the Government to publish an annual statement, updating the House and others on progress towards the fisheries objectives, but we already have a number of plans that mean we do not need to place a statement on a statutory footing. The White Paper commits us to an annual statement on our assessment of the state of stocks that are of interest to the UK and of our approach to setting fishing rates and other management measures.
Fisheries negotiations take place annually, which is why we have an annual fisheries debate. Next week is December Council, at which fishing opportunities for next year will be discussed. We have just been through the various coastal states, and the EU-Norway negotiations are concluding as I speak. To inform our approach to annual negotiations, we will inevitably feed data into organisations such as the International Council for the Exploration of the Seas—ICES—and publish both the data we have on progress on the state of fish stocks and our approach to doing that, so we do not need to place this on a statutory footing.
If something more formal were to be done, if it were judged that there needed to be more formal oversight of our progress towards the objectives, the right place to do that would be in the forthcoming environment Bill, which will establish an independent environmental body to monitor our progress towards the objectives set out in the 25-year environment plan. In relation to a more strategic approach to the delivery of the objectives and the plan, that is the right place to consider such an oversight role. We have in the Bill a statutory requirement for a joint fisheries statement and for a Secretary of State fisheries statement setting out our approach to delivering the objectives.
Finally, it is important to recognise what we already do. Every year, before we go to December Council we lay before the House a written ministerial statement that sets out our approach to the negotiations and the agenda for them, and we always lay a written ministerial statement after the negotiations have concluded, to update the House on progress.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I appreciate that we have other Bills coming and that there are other ways in which the reports may be obtained, but we have this Bill before the House at the moment, and it is this Bill that establishes the objectives and then the policy statements. Surely the mechanism for accountability should be within the Bill also, if it is to be meaningful.
George Eustice
The method for accountability is indeed in the Bill. There is a statutory requirement to publish a joint fisheries statement and for all the Administrations to pursue that statement to deliver those environmental outcomes and the fisheries objectives set out in clause 1. The issue here is whether it is necessary to place on a statutory footing the idea of publishing an annual statement. My contention is that there is no need, since we already have annual debates.
The hon. Member for Plymouth, Sutton and Devonport made an important point: there is a strong case for saying that, in the new world we are going into as we leave, rather than having that debate brought by the Backbench Business Committee, there should be a debate in Government time at the point the negotiations take place. I would certainly be willing to have conversations with colleagues in other Departments ahead of consideration on Report to see whether we could give such an undertaking.
We have already made a clear commitment in the White Paper to publish an annual statement of the state of the stocks. I do not believe it is necessary to put that on a statutory footing.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
Does the Minister find it troubling that despite the fact that the Marine and Coastal Access Act 2009 has required DEFRA to carry out triennial reviews of the Marine Management Organisation since 2009, only one has taken place so far? Is he concerned that similar failings might accrue with respect to the Bill?
George Eustice
We regularly do triennial reviews. I do not think that the triennial reviews stem from the 2009 Act. I think there was a requirement to review the MMO after four or five years, and my recollection is that that did indeed take place.
My point is that it is not necessary for every report we might publish to be put into statute. I made the point in debating an earlier Bill that DEFRA produces many reports. Every June my box is inundated with annual reports of one sort or another. Some of them are required by statute. The vast majority are not, but we publish them anyway, as it is a means of being transparent with the public. Since we have given an undertaking in the White Paper, I do not believe any of the amendments is necessary. However, as I have said, I undertake to have conversations before Report with Government colleagues, to see whether we can give a more formal undertaking on the idea of the hon. Member for Plymouth, Sutton and Devonport about a more formal debate in Government time on the Floor of the House, rather than in Westminster Hall.
Mr Carmichael
The Minister will remember, as I do, the days when the annual fisheries debate was held in Government time. When the Backbench Business Committee was introduced, it seemed logical that those general debates would go into Backbench Business time. The Government have now taken that on a step. It is not impossible that one day we may have a Government with sufficient authority and a sufficient majority to see a full and comprehensive programme of legislation through the House, in which case it is eminently foreseeable that the time available for a debate of the kind we are discussing will be squeezed out again. I suggest that that is why there is some force to the amendment tabled by the hon. Member for Plymouth, Sutton and Devonport.
George Eustice
In DEFRA we have brought in more Bills—more significant pieces of legislation—in the past 12 months than at any time in recent history. Parliament is currently considering an Agriculture Bill that is the first such major piece of legislation since 1947. Of course, the Fisheries Bill will give us control of our waters for the first time in more than 40 years. So, at DEFRA at least, we are making good progress in getting through some critical legislation.
I hope that I have reassured both my hon. Friend the Member for Waveney and the hon. Member for Plymouth, Sutton and Devonport that while it is indeed our clearly stated intention to publish an annual statement of the state of stocks, it is unnecessary to make it a statutory requirement in the Bill.
Peter Aldous
I have listened with interest to the Minister’s reply. I do not necessarily want to overburden the Bill—it is, as he says, an enabling framework Bill—with unnecessary rules and regulations. However, one of this Parliament’s best pieces of legislation was the Climate Change Act 2008, and that contains an obligation to report annually to the House. I hear what he says about the emerging environment Bill. I confess that I have not considered every step of that emerging Bill, and I am aware that certain organisations feel that we need to join up better the management of the marine environment and the land-based environment. On balance, being kind to the Minister, I will not press my amendment to a vote at this stage, but I will bear in mind his undertaking to look at this matter more fully on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
George Eustice
We have had a comprehensive discussion about clause 1 through the consideration of a series of amendments. The key purpose of the clause is to set out our fisheries objectives, which are largely taken from the existing objectives in the common fisheries policy. The clause also commits us to all those objectives and includes descriptions of them. I do not intend to dwell on the clause any further, since, as I said, we have spent the past few hours discussing each of those objectives in great depth.
Luke Pollard
The Opposition will not vote against clause 1. However, I invite the Minister to reflect on some of the changes to the objectives that have been discussed. I also invite him to look at whether amendments can be introduced in the other place, especially in relation to fish being a public asset and marine safety. I think there was widespread agreement on that on both sides of the House, even if there was not necessarily agreement on the wording.
George Eustice
I am grateful to my hon. Friend the Member for Waveney for introducing these amendments. He has been a long-standing campaigner for a fairer deal for our inshore under-10 metre sector in his constituency. I want to set out what we have done to try to give more fishing opportunities to the under-10 sector, what we intend to do and set out in our White Paper, and finally address the specifics of his two amendments.
First, my predecessor, my right hon. Friend the Member for Newbury (Richard Benyon), introduced something called fixed quota allocation permanent realignment, where he took unused quotas from the producer organisations and effectively drew it back into the pool. That led to the legal challenge that I referred to earlier, which the Government won. We therefore secured that fixed quota realignment of unutilised quota from producer organisations.
Secondly, when the discard ban was introduced and the landing obligation came in under the new common fisheries policy, I took a policy decision in 2014 that the first 100 tonnes of any additional quota through the discard uplift would be top-sliced and given to the under-10 pool to boost the number of fishing opportunities they had. Even if they have more haddock than they could possibly catch, we could nevertheless give the pool the quota and the currency it needed to swap in fish that it could select. These two measures together have given a significant uplift in the baseline quota that the under-10 metre sector have.
We have set out clearly our approach to the future in our White Paper. As we diverge from relative stability and have additional inward quota transfers, we will not allocate that quota just by divvying it out along existing FQA lines. While existing fishing opportunities for the time being will remain on an FQA system to provide stability, we intend to allocate any new quota with a different method. As I made clear this morning, one option we are looking at closely is whether an early priority should be to give additional fishing opportunities to the under-10 meter pool in advance, and over and above that which we have already done, as we gain additional quota and diverge from relative stability. I think I have demonstrated in the last few years my commitment to give more fishing opportunities to the under-10 metre pool, as did my predecessor.
Amendment 87 seeks to add a requirement to set out objectives for the distribution of fishing opportunities in the joint fisheries statement. In this clause, I think stumbles in a devolved issue, as the hon. Member for Kilmarnock and Loudoun said. As I said earlier, although the UK Government have the power to allocate a quota to the devolved Administrations, it is for each devolved Administration to decide how it allocates quota to its own fleet and to the fleet registered in its Administration.
The proposal made by my hon. Friend the Member for Waveney in amendment 88 raises an interesting point. I have looked at clause 2(2), which sets out the existing scope of the Secretary of State fisheries statement. Subsection (2)(e) talks about
“contributing to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic factors”.
Subsection (2)(h) talks about
“promoting coastal fishing activities, taking into account socio-economic factors”.
Should at least one of those options that links the socio-economics of fishing communities make explicit reference to the distribution of fishing opportunities? I hope he will take a steer from me that it is my intention to have conversations with other Government colleagues and Departments and, on Report, seek to suggest an amendment to one or other of the existing factors outlined in subsection (2) that could make a more explicit reference—I think it is currently implicit—to fishing opportunities.
On that basis, and with such a concession, I hope my hon. Friend will withdraw his amendment.
Peter Aldous
I am grateful to the Minister for his reply. I hear what he says about amendment 87 and the fact that, as the hon. Member for Kilmarnock and Loudoun said, it stumbles into devolution issues. However, I am grateful for the Minister’s undertaking to look at clause 88 in more detail with a view to coming back with more information addressing my concerns on Report. On that basis, I do not wish to push the amendment to a vote.
Amendment, by leave, withdrawn
Luke Pollard
I beg to move amendment 50, in clause 2, page 3, line 17, at end insert—
“(j) promoting the development of fishing and aquaculture activities that conserve, enhance or restore the marine and aquatic environment.”
This amendment would add promoting activities to conserve, enhance or restore the marine and aquatic environment to the policies to be included in the fisheries statements.
Amendment 50 seeks to continue the discussion we had this morning on aquatic environments and the preservation of marine heritage on the seabed. Recognising the conversation we had earlier, I suspect the Minister may not be minded to support the amendment. However, it is worth spending a moment on the “marine aquatic environment” wording to ensure that it is consistent throughout the Bill. The concern is that the wording is inconsistent with, for instance, clause 31(2)(b). The amendment would ensure consistent application on the same basis in promoting the development of fishing and aquiculture activities that conserve, enhance or restore the marine and aquatic environment.
The Minister spoke earlier about the importance of protecting the marine environment and I am grateful for his words. We recognise that the fishing industry has played an important part over many years in discovering much of the marine heritage that has been snagged in its nets or gear and brought to the attention of archaeologists. Some of the UK’s most significant marine heritage assets have been discovered by fishermen. The important part of this measure is recognising that, although fishermen undoubtedly seek to avoid snagging their gear on underwater heritage assets because of the hazards and costs involved, impacts that cause damage to underwater heritage sometimes still occur. The stakeholders that we spoke to in advance of the Bill are keen that the relationship between those marine heritage assets and the fishing industry is understood in the Bill.
There are two elements. The Minister touched on the heritage aspect earlier when we discussed a similar amendment. The application of the consistent wording of marine and aquatic environment is also worth looking at.
George Eustice
We covered a lot of the substance of this in an earlier group of amendments. However, in clause 2(2)(c), we already have measures to adjust the fishing capacity of fleets to levels of fishing opportunity consistent with the precautionary objective. The need to fish sustainably and to control fishing so that it is sustainable is therefore covered. Delivering the precautionary objective is effectively to conserve and enhance the fish in our waters. Subsection (2)(d) promotes the development of sustainable aquaculture activities. The use of the words “sustainable aquaculture” picks up all that is needed in managing our approach to aquaculture.
The final bit, which is new, is a repeat of a discussion we had this morning regarding whether the wording should be “marine and aquatic environment”. As I said this morning, this is a Fisheries Bill about the marine environment and marine fisheries. We have a suite of separate legislation that deals with our fresh waterways. For instance, the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 cover in detail the approach the Environment Agency should take to deliver good environmental conditions in the freshwater environment. We have the Protection of Wrecks Act 1973 and a licencing regime established through the Marine and Coastal Access Act 2009 that provides protection for heritage and shipwrecks and the like. The addition of “aquatic” is not appropriate for the reasons outlined this morning, but I hope the hon. Gentleman will recognise that fishing sustainably and having a sustainable approach to aquaculture are already dealt with in paragraphs (2)(c) and (d).
Luke Pollard
There is an element of ensuring consistency. The phrase “aquatic environment” is used in the later parts of the Bill under clause 31, so there is a consistency problem. I take note of what the Minister has said and, as a result, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 48, in clause 2, page 3, line 19, at end insert—
“(3A) For the purposes of this Act, a “UK fisheries statement” is a statement made jointly by the fisheries policy authorities on progress towards achieving the fisheries objectives.
(3B) The first UK fisheries statement must be published within 12 months of this section coming into force, and each subsequent UK fisheries statement must be published within 12 months of the previous statement being published.”—(Luke Pollard.)
This amendment would add a requirement on the fisheries policy authorities to publish a joint “UK fisheries statement” within 12 months of the section being brought into force.
Question put, That the amendment be made.
Luke Pollard
The amendment goes to the heart of many of the gripes about fisheries regulation in England. Who speaks for English fishing? There is an inherent conflict in the roles of the Fisheries Minister and the Secretary of State holding both English and UK-wide portfolios. Although it is tempting to engage in a debate about the emerging need for a federal settlement in the United Kingdom, that is probably a decision above our pay grades for the purposes of the Fisheries Bill.
However, the hon. Member for Waveney’s suggestion to look at where this will go is not necessarily a bad one. We have the opportunity to reset and reformulate fishing regulation and to start the journey on those bits that will take longer. The Minister has said that re-allocating FQA will take seven years, if that were to start straightaway. We recognise that some of the changes that the Bill is seeking to effect will not come into immediate force on the day that the Bill comes into force. The discussion that we need to have about the more devolved nature of fisheries is part of that.
If I may go further than the hon. Gentleman, there has also been talk about devolution within England. For instance, there is the potential with more empowered inshore fisheries and conservation authorities, and greater powers at a local level, to have a more thorough set of powers regionalised and localised, rather than just held in Westminster with an English Minister. This is therefore a good debate to have. I am not certain that the amendment will carry favour, but the hon. Gentleman is right to raise the concern.
On the question of who speaks for English fishing, I am sure the Minister will say that, currently, he does. That is something that we need to delve into, though it is probably a discussion for another day.
George Eustice
As my hon. Friend the Member for Waveney pointed out, this may be a variant of the famous West Lothian question. Perhaps we could dub it the Waveney question, as he has raised it. It is an interesting point, but as a number of hon. Members have pointed out, it goes much wider than what we will be able to resolve in this particular Bill.
In this country we have a devolved settlement; we do not have a federal system of government. The reason that a federal system of government would not work in the UK is that England is so much bigger than the other component parts. Under any kind of qualified majority vote we would still, effectively, have the dominance of England. It is because such a federal system would not work in reality, given the structure of the UK—unless we were to break up England, as the previous Government intended to do through a series of regional assemblies—that we need to make our devolution settlement work.
Devolution means that, ultimately, something is either devolved—in which case it is for the devolved Administrations to lead on—or it is reserved, in which case it is for the UK Government to lead on. Where there is a need for co-ordination and frameworks, it happens through a series of memorandums of understanding, concordats and other such arrangements, which feature prominently in this Bill and have always been prominent in our approach to fisheries.
The amendment would have no legal effect as it stands, because the Minister with responsibility for English fisheries is indeed the Secretary of State, so they are one and the same. For a Minister with responsibility for English fisheries to be able to do anything other than what the Secretary of State wanted, he would need to have an English Government who were separate from the UK Government; and if we had an English Government who were separate from the UK Government, we would need an English Parliament to hold that English Government to account. I do not think that that is an approach that we want to take at the moment, for all the reasons I have outlined.
Mr Carmichael
Can the Minister reconcile the objections that he has just outlined with the Government’s attitude to English votes for English laws?
George Eustice
I can, because that is an absolutely sensible compromise to ensure that only English MPs should vote on those pieces of legislation that affect only English matters. I believe that that is not about having an English Government, but a procedure in our Parliament to ensure that English MPs vote on laws that affect their constituents.
There is another issue. I might say, what about Cornwall? Cornwall is slightly different, as you will know. The Fisheries Minister at the moment represents a Cornish seat, but there are representations from organisations such as Cornwall Council that seek to have more of a formal role for Cornwall in decision making. That links to the point made by the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, that there may be a more formal role for the IFCAs, which could draw them into the consultations that we have ahead of the annual fisheries discussions. At the moment, we have meetings with both environmental and fishing stakeholders, and engage closely with them in the lead-up, but it may be that we should have a process for involving the IFCAs in part of that discussion. That may be one way to address the issue.
My hon. Friend the Member for Waveney mentioned that parts of the Bill say “the Secretary of State” and others “the Marine Management Organisation”. This clause, which is about putting together a policy statement, clearly relates to the Secretary of State. The term marine management organisation tends to be used, in most clauses, in the context of its enforcement and licensing roles. Parts of the Bill use the term marine management organisation because of the powers it has under the Marine and Coastal Access Act 2009 to manage licences and to carry out enforcement activities.
My hon. Friend raises an important point, but it goes well beyond the scope of the Bill. I would say this: in my time doing this job, I have never actually had any difficulty reconciling the role that I play as UK Minister in international negotiations, arguing the case for the UK, and the role that I play as an English Fisheries Minister, making decisions around the distribution of quota, technical measures to protect buried lobsters and a whole host of other things, which I agree for England only. It does not cause me any conflict. There are potential inconsistencies, as he highlighted, but I believe they are inherent in the devolved settlement that we have; over the last 20 years, we have learned to manage those effectively.
Peter Aldous
I accept that the Bill is not the right place to take account of these concerns, but it is important to air them, and that is what I have done. I sense that there might be a problem further down the line. I hope that I have fired a warning shot that that might be a problem and that we need to be awake to that, and to address it.
In the Fisheries Bill, we are setting out the new UK fishing policy—the UKFP—which will replace the CFP, in which we had the EU. I am not saying the EU is necessarily an umpire or an adjudicator, but it is another party, and it will be removed from future discussions. I suggest that the Secretary of State’s role could well come under closer scrutiny, and I sense that this issue could materialise as a problem sooner rather than later. On that note, although it is important that we have aired the issue, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 2 ordered to stand part of the Bill.
Clause 3
Preparation and coming into effect of fisheries statements
George Eustice
I hope to be able to reassure hon. Members that we are all one big happy family in this United Kingdom. The challenges that hon. Members have identified are not new; they date right back to the formation of the devolution settlement in the late 1990s. We have developed ways of managing these tensions.
As I said this morning on a previous group of amendments, the Bill seeks to resolve quite a difficult tension that has existed for at least the past 20 years: on one level, fisheries is about international agreements and negotiations, which are reserved, but on another level, issues such as enforcement, licensing and marine management have been devolved. That is the nature of our devolution settlement, and we have to use sensible, pragmatic and creative ways to bridge the tensions inherent in it.
The December Agriculture and Fisheries Council meeting will be held next week. More than any other Department, DEFRA has developed quite a good way of working with all the devolved Administrations, so the annual December negotiations are attended not just by Ministers in the UK Government but by Ministers from each part of the United Kingdom. We go as a UK delegation led by the UK Minister, but when we enter trilateral discussions with the presidency and the Commission, for instance, my Scottish counterpart Fergus Ewing will speak on issues pertinent to Scotland, Lesley Griffiths will speak for the Welsh Government on issues pertinent to Wales, and the lead official John Speers will talk about issues pertinent to Northern Ireland.
We already attend as an integrated UK delegation, although we represent several Governments. In those difficult moments on Tuesday when we have to pick priorities by deciding which issues we will get no movement on from the Commission, or giving certain issues up to prioritise others, we will have to go through discussions to work out, collectively and by consensus, the correct approach for the UK. We have a very good track record of doing so, even though virtually every political party imaginable is in the delegation.
Mr Sweeney
The Minister outlines a de facto process that may function adequately, but would it not be helpful to define it in the Bill and give certainty about how it will function in the future?
George Eustice
I was going to come on to how we define other working relationships. I have set out the approach for annual fisheries negotiations, and I envisage that approach continuing in the future as we become an independent coastal state, but there are additional measures in place.
We have a series of concordats, which date back to 2012 and are regularly updated, setting out how we work together on issues such as vessel licensing that have implications for different parts of the UK. There is an overarching memorandum of understanding with all the devolved Administrations that includes a process for the Joint Ministerial Committee to act as a dispute resolution mechanism. We are currently developing a fisheries memorandum of understanding with our colleagues in the devolved Administrations, which is likely to include a chapter on dispute resolution as part of a wider UK frameworks process led by the Cabinet Office. The Cabinet Office is doing detailed, cross-Government work on the future of the JMC, on how its processes can be improved and on how issues such as dispute resolution can be addressed. I hope on Report to be able to explain more fully the thinking that is emerging.
Mr Sweeney
The Minister outlines a series of points about the functioning of de facto dispute resolutions that perform adequately, but anyone who has followed the events of the past few months with regard to EU withdrawal issues and the functioning of the JMC would agree that because it is not on a statutory footing, it has failed to perform adequately—I think that that is a fair assessment from the Opposition. Perhaps he ought to take cognisance of our need to get this stuff defined in statute so that it can function and work under pressure.
George Eustice
As I said, the Cabinet Office is leading a wider review of the memorandums of understanding and the JMC processes to see whether they can be improved. It obviously affects many other Departments as well. It is probably not right for me to go beyond that. I can explain what we currently do on fisheries.
Owen Smith
Does the Minister not acknowledge that part of the reason that the Cabinet Office is undertaking that review is the widespread dissatisfaction over many years in the devolved Administrations with the working of the Joint Ministerial Committee? For example, I cannot think of a single substantive issue that has been properly resolved at the JMC in recent times. If the Minister can think of one, perhaps he could inform the Committee.
George Eustice
At DEFRA, we have many discussions with our counterparts in the devolved Administrations. We have highly constructive dialogue and reach a consensus. That brings me to another point I want to make. In this context, let us be clear that we are talking about the formation of a joint fisheries statement. By its very nature, we are not talking about an argument over the implementation of any kind of agreement. We are talking about what it is collectively we are doing by way of policy to deliver the legally binding objective set out in clause 1.
If we as politicians cannot work through our differences and work towards achieving a consensus on a legally binding requirement here, who can? Are we seriously saying that having a judge come in to arbitrate, or to have some sort of arbitration process or panel, is going to cut it if, for instance, the Scottish Government have a particular concern about Orkney crabs and what is said about that in the joint fisheries statement? I put it to hon. Members that that is not the case.
We politicians cannot abdicate our responsibility and role. Part of that role is to work through our differences to achieve consensus where it is required to get an agreed policy statement that is legally binding on all of us equally and severally. I believe that because we have that legal commitment enshrined in clause 5(1) and because we have a very strong track record in DEFRA of successful concordats and memorandums of understanding, and because the Cabinet Office is doing a wider piece of work in this area, this amendment is unnecessary. It is ultimately for us, as elected politicians, at the very least, to agree what we are going to do by way of policy.
The Chair
With this it will be convenient to discuss:
Clause 4 stand part.
That schedule 1 be the First schedule to the Bill.
George Eustice
In the last group of amendments we covered many aspects of clause 3, which sets out the procedures that the four fisheries administrations would need to follow when preparing and adopting the joint fisheries statement. It also sets out the procedures for the Secretary of State to adopt a Secretary of State fisheries statement for England. This clause makes it clear that maintaining sustainable fisheries is a joint effort and requires the involvement of all four fisheries administrations. It requires all four to jointly prepare and adopt the joint fisheries statement for the statement to come into effect. The precise mechanism for preparing and publishing both the JFS and the SSFS are contained in schedule 1, which must be followed for the statements to come into effect. This sets out the provisions for consultation with industry and other interested parties. This clause is integral to both the joint fisheries statement and the Secretary of State fisheries statement.
Clause 4 makes it clear that any amendment to the joint fisheries statement can only be made by the fisheries administrations acting together. This clause is important in allowing the statements to be amendable, as a changing environment may require. For instance, there may be a change of Administration, Government, approach or circumstances, which would mean that it would be necessary, where possible, to amend and adapt the joint fisheries statement and the Secretary of State fisheries statement.
Luke Pollard
I am grateful to the Minister. The Opposition has no issue with clause 4 and we are happy that it should stand part.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4 ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 5
Deadline for first fisheries statements and obligation to review
Luke Pollard
Amendments 52 and 53 would ensure that the fisheries statements are published no more than one year after the UK leaves the European Union. Much debate has been had as to when that date will be, and I am sure that the Minister will not seek to deviate from the line that he has been given by the Whips on that date. However, given that this is a situation in flux, and the uncertainty in the Government at the moment, and without wishing to apply any normative judgment on whether that is a good or bad thing, we do not know the date on which we will be leaving. The amendment would therefore make the Bill more flexible, should the date of exit change.
We have established today that UK fisheries management policy needs to be dynamic and reactive to the fluctuating marine environment. As the fisheries management policy manages a national resource, it needs to be accountable through Parliament as well. The joint fisheries statement is also the first proper acid test for the state of UK fisheries post-Brexit, and will be Parliament’s first opportunity to hold the Government to account against the promises made in the referendum and in the Bill. The idea that we would have to wait almost two years for the first joint fisheries statement if we leave the EU in March 2019 without a deal is not good enough.
Early scrutiny is particularly necessary, given the lack of guarantee in the political declaration that a new fisheries agreement will be completed before the end of the transition period, in July 2020. Instead, parties will use their “best endeavours”. Despite endless gold-plated promises, there is a real fear among fishers that that vague language means that there is a final betrayal coming for the industry. The hon. Member for Aberdeen South (Ross Thomson) said that
“sovereignty of our waters could be sacrificed for a trade deal. That is unacceptable.”
I am sure that is a view shared by many in this place and in fishing communities around the country. Because there is no guarantee that there will be a new fisheries agreement with the EU by the end of the transition period, only a hope, there is a fear that once the spotlight has come off fishing a few months or years down the line, during a quiet moment of transition, the industry will be taken off to a quiet corner and betrayed in exchange for a free trade agreement with the EU. That is a real concern that fishers have expressed to me, sometimes in more colourful language than I have chosen to use. It is a valid concern that we need to address.
The Leader of the Opposition stated in the Commons that the concern is that all that we will do is enter into a new CFP but under a new name. I do not doubt the Minister’s sincerity in wanting to leave on the day that is Government policy today—rather than the one we might get tomorrow—but we do not want that to happen. It is out of his hands and I appreciate that. A hard date in the Bill may be useful for party political management on the Government Benches, but in creating an enabling Bill, we need to recognise that the date of exit may change and, therefore, 12 months from that date of exit is the first time that a fisheries statement should be presented to Parliament. That is the purpose of the amendments.
George Eustice
Setting out a particular date for completion when there are a number of scenarios that could unfold in respect of the withdrawal agreement and the nature of our exit from the EU does create some uncertainties—I would be the first to acknowledge that. As the hon. Gentleman said, things are currently in a state of flux.
I want to explain why we have chosen the 1 January 2021 as the date. When we drafted the Bill it was on the understanding and expectation that there would be an implementation period, during which we would be bound by the terms of the common fisheries policy until December 2020, when we would negotiate as an independent coastal state. The appropriate time to have this plan in place seemed to be January 2021. We chose the date on the basis of an expectation of an implementation period running until December 2020.
The second reason was that it gave us time to ensure that we can work through our differences across the four Administrations and have a plan in place. As well as the neatness of the measure commencing at the point at which the implementation period ends, it ensures that we give ourselves sufficient time to agree the plan and put it in place.
I know that a long-standing concern for a number of fishermen is that their interests may be traded for other elements of the future partnership. We have made it absolutely clear that we will not do that. We are absolutely clear that trade negotiations are separate from negotiations about access. The Government have tabled some amendments that we will discuss at a later date that I believe will give some reassurance to fishermen about that.
While I understand the point made by the hon. Member for Plymouth, Sutton and Devonport, by the time the Bill reaches Report stage, we may all be slightly clearer as to the length of the implementation period or whether there is to be an implementation period at all and whether we leave without an agreement next March. I that suggest the hon. Gentleman keeps his powder dry on this issue until we all have greater clarity about what the future holds.
Finally, when making the case for his amendment, the hon. Gentleman suggests that the date on which we withdraw from the European Union could be a movable feast. I do not accept that. We are leaving the European Union come what may in March. The issue is whether there will be an implementation period and how long it will be. Will it go for the full duration until December 2020 or will it be possible to conclude it expeditiously? I therefore accept that there is an element of doubt about the length of the implementation period and whether there will be one. I suggest we revisit the issue of timescales for the production of the joint fisheries statement on Report, when I hope things will be clearer.
Luke Pollard
There are no surprises in the Minister’s response, but I enjoyed the phrase “we will work through our differences across the four Administrations”, given the time required to do that. I suspect that was the exact opposite of the sentiment that was exhibited in the dispute resolution debate.
There is significant concern among fishing industries that they will be sold out, just as they were during the transition period. Ministers, including this Minister, were advocating that fisheries should be excluded from the transition period up to a week before that policy changed. Fishers around our coastline have every reason to be sceptical about some of the promises that have been given.
George Eustice
Does the hon. Gentleman not accept the ultimate sell-out for British fishing would be to stay in the European Union and therefore stay in the common fisheries policy?
Luke Pollard
I understand that fishing was sold out on the way into the EU and there is a risk of it being sold out on the way out of the EU. A lot of our fishing communities share that concern. We need to recognise that. I respect the Minister’s desire to leave on the date that has currently been stated by the Government. As the Government are changing their mind about a lot to do with Brexit, and as this is an enabling Bill, should we not be flexible and be able to reflect possible changes during this period?
I am happy to take the Minister’s suggestion to keep my powder dry on this one and revisit it on Report. However, there is a genuine concern that fishing will be sold out, given any hard dates, and more work needs to be done to reassure fishers that they will not be sold out when it comes to the political agreement further down the line. A flexible date would be one way of doing that. I therefore beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Luke Pollard
These amendments make a similar point to the earlier ones, in respect of the timeframe that we are looking at. They would remove the restriction of six years and replace it with five years. Six years is far too long to leave the Executive unaccountable if it is necessary to force them to change bad policy. That is why we wish to change the period from six years to five years.
Five years is the length of a fixed-term Parliament. It would mean that, in any given Parliament, there can be accountability for the policies that the Government are seeking to put in place via the Fisheries Bill. Otherwise, in a fixed-term Parliament of five years, there may not be an opportunity due to the period being set at six years. I encourage the Minister to look again at the arbitrary six years. We want to ensure that, every five years, at the start of a new parliamentary term, fisheries is right up there as one of the main policy items under review. Every new Parliament should have the ability to review fisheries policy.
As drafted, the Fisheries Bill gives the benefit of the doubt and too much discretion to people in office. There is not enough of a guarantee that the policies will achieve our fisheries objectives. We tabled the amendments to enhance scrutiny and to ensure that the Government’s aim to have truly sustainable world-leading fisheries is delivered.
George Eustice
It has been a little while since I mentioned the Marine and Coastal Access Act 2009, which was introduced by the previous Labour Government. I want to explain where the allegedly arbitrary figure of six years came from. It mirrors the approach set out in the Marine and Coastal Access Act in respect of the production of marine spatial plans. There is a requirement in the Act to review the marine spatial plans at six-yearly intervals. Our officials, when considering what would be appropriate—we wanted to have a consistent approach to the marine environment—took the view that, as marine spatial plans are reviewed every six years, that would seem to be the appropriate precedent to follow in respect of these other plans.
Six years has a precedent, and indeed one that some Opposition Members might have voted for—not the hon. Member for Plymouth, Sutton and Devonport, but other hon. Members—when the Marine and Coastal Access Act was passed. There is no precedent for five years. I understand that hon. Members may take the view that, under the Fixed-Term Parliaments Act 2011, five years is the typical duration of a Government, but clause 4 creates a power to amend the plan at any time.
Jeremy Lefroy (Stafford) (Con)
I very much understand what the Minister is saying, but with climate change, things often happen much more rapidly than Parliament might make provision for. Does he not agree that there should be some flexibility, particularly in regard to changes in water temperatures and fish stocks, which are moving all the time? We should look at the evidence for the timing, rather than just look backwards to an Act from a few years ago?
George Eustice
I strongly agree, which is why we included clause 4, which gives fisheries policy authorities the ability to amend the plans whenever they choose to do so. If events move and we need to adopt a different approach to mitigate the effect of climate change because things happened faster than we thought, or there was an environmental challenge that had not been foreseen in the six-year plan, there is a power to amend the joint fisheries statement to reflect that change under any circumstances and at any time.
With the six years, we have chosen to adopt a timescale that has a precedent in the context of managing the marine environment. We also included a clear provision that means that, at any time, we can adapt and amend the plan in the way that my hon. Friend the Member for Stafford seeks, to ensure that it can respond to events.
I hope I have been able to inform the hon. Member for Plymouth, Sutton and Devonport about the genesis of the choice of a six-year term as a starting point, and also about the fact that clause 4 gives us the power to amend the plans at any stage, which means that moving the time period to five years, as he suggests, is perhaps unnecessary.
Luke Pollard
No, I am quite comfortable that the words “leave out “6” and insert “5”” are entirely sufficient to deal with this clause; none the less, I take the point that the hon. Gentleman is trying to make. There is concern here about the frequency of scrutiny. If the Minister can reflect on that, there is a strong sense of our wanting to be sure.
George Eustice
Will the hon. Gentleman explain why he chose five years rather than four or three?
Luke Pollard
I can indeed; it is because two was suggested. Feedback from stakeholders was that they felt that six years was too long. A number of suggestions came back for different periods, two and three being some of those—indeed, Fishing for Leave was strong in its advocacy of two years. I felt that two years is too frequent, but six years is too long. Therefore, looking to lock it into the period during, in theory, a parliamentary five-year term, seems to be the right amount of time.
I am grateful for the flexibility that the Minister has set out. Should the Government change, I would expect that flexibility to be used by a Labour Government in moving that to five. I think that would be the right thing to do. However, on the basis of the discussion we have had, I am content not to push the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 5 ordered to stand part of the Bill.
Clause 6
Effect of statements
Luke Pollard
Although this might be the kiss of death for the hon. Gentleman’s amendment, the Opposition are minded to support it, because it seeks to improve the duties in the Bill.
The Bill’s wording gives significant powers for a relevant national authority to amend policies contained within the joint fisheries statement with little scrutiny or challenge. The amendment would remove the vague and meaningless “relevant considerations”, a term that appears to be a get-out clause to allow authorities to act as they please when it suits them.
Earlier, the Minister said that the power would enable reaction to a huge surprise event, but how can we be sure that it would not be abused? The clause is not specific enough, and no safeguards are in place to stop it being used as a “Get out of jail” card. As my hon. Friend the Member for Pontypridd did, I ask the Minister what “relevant considerations” mean in this context. That is the nub of the concern expressed by the hon. Member for Waveney.
In the evidence session last week, Tom Appleby from the Blue Marine Foundation criticised the clause as it stands:
“Our fisheries statements are a bit woolly. I notice that there is a bit in here that says that they do not have to adhere if relevant considerations are taken into account. What is a relevant consideration? I could not find a definition of that.
We have not nailed the Secretary of State to the floor in this Bill, and that could be done.”––[Official Report, Fisheries Public Bill Committee, 4 December 2018; c. 56, Q120.]
I am not, of course, advocating nailing the Secretary of State to any floors—[Interruption.] Indeed. Government Members might like to go there, but not Opposition Members. Debbie Crockard of the Marine Conservation Society said something similar at another of our evidence sessions:
“the problem with the joint fisheries statement is that, under clause 6(2), if a national authority takes the decision to act other than in accordance with the JFS, it simply has to state the reason why. There is no binding duty to follow that JFS. If it goes against the JFS and sets fishing limits that are not legally bound, there is nothing to hold it to account in that situation.”––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 77, Q152.]
Both the concerns expressed by the hon. Member for Waveney, and that concern about the lack of any dispute resolution, go to the heart of the weakness of the joint fisheries statement that he rightly highlighted.
George Eustice
I am grateful to my hon. Friend the Member for Waveney for tabling the amendments and highlighting an important issue. I understand why some might be concerned about the inclusion of the provision, because they judge that it to be a “Get out of jail” card which means that people would not have to follow the statement at all.
As with earlier amendments, I will explain the genesis of the language chosen for the clause. Again, I am afraid, I have to pray in aid the Marine and Coastal Access Act. Section 58(1) states:
“A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents, unless relevant considerations indicate otherwise.”
The claim by some that the language in the Bill is random, new language that has never been used in legislation before is therefore not true. It is a form of words that was used in the most recent piece of marine management legislation available, which was introduced by the Labour Government.
The reason we have the provision is to ensure that in instances where we have a sudden change in circumstances, which might put us outside a joint fisheries statement, there is, in a sort of force majeure—
Alan Brown
I just want to understand what the Minister is talking about. Exceptional circumstances may arise that need swift action. Therefore, is there not a way to improve the language in the Bill, even though this serves as a precedent, rather than the amendment, which would delete it completely? Is that something the Government would consider for the next stage?
George Eustice
I was going to return to that point. As I said at the outset, while I think it is wrong to delete that flexibility for a force majeure event all together, I am certainly willing to look on Report at whether we could refine or narrow the scope and the circumstances in which such a measure could be used.
Let me give an example. If there were a sudden change in the health of a particular stock, we might have it as part of the plan that a stock could be exploited at a particular level. We might not want to do that anymore and might therefore step outside the plan—not to overexploit a stock but to stop exploiting it all together. It might also be the case that in order to reach an agreement with, say, Norway, which uses maximum sustainable yield as well as other environmental measurements and metrics, we might have to move slightly outside the scope of our own plan. Then a question has to be asked: as I put to Dr Carl O’Brien, is it better to get an agreement so that everyone is working within agreed limits and to an agreed plan with our neighbours—say, Norway—or is it better for everyone to just kick the table over, walk away and unilaterally set their own total allowable catch? I would say it is always the former. There will be times when we may have to step slightly outside the joint fisheries statement in the interests of getting a fisheries agreement at all, which is ultimately for the benefit of the stock.
My hon. Friend the Member for Waveney has highlighted an important issue. I hope he understands that, because we need that flexibility both for force majeure events and for other sudden developments, we need some sort of provision for those circumstances. Therefore, deleting the wording all together is wrong. However, in view of the points that he and others have raised, I will give this further consideration as we approach Report to see whether we can narrow that power so it can be used only in prescribed circumstances.
Owen Smith
The Minister is offering some comfort to those of us who have expressed concerns about how loosely the clause seems to be drawn. I put it to the Minister that if what he is envisaging here are very exceptional circumstances—he keeps using the phrase “force majeure circumstances”—why is the language so loosely drawn? It says:
“unless relevant considerations indicate otherwise”
and this seems to be a fairly broadly drawn set of circumstances. Crucially, subsection (4) says:
“If a relevant national authority within subsection (5)(a) or (b) takes any decision”.
That is an extraordinarily broad set of circumstances. If it is intended to be so limited, why is it so broad?
George Eustice
I explained the genesis of that choice of words earlier. The Marine and Coastal Access Act 2009 also uses the term
“unless relevant considerations indicate otherwise”,
so it is not a new form of words in our legislation and it was used in our most recent piece of legislation dealing with the marine environment. As I said, I accept that we should go away and consider whether we can narrow the scope within which such a power could be used, and I have undertaken to give that further consideration by the time the Bill is on Report.
Owen Smith
I do not think anybody is suggesting that the problem is that the language is new. It is the fact that the language is so poorly and so broadly drawn.
George Eustice
Well, I blame the last Labour Government for the drafting of the legislation. We have reached a convenient conclusion and I have made an open offer to give this further consideration to see if we can narrow the scope so that it is closer to its intended use, rather than it becoming a simple get out of jail card in all circumstances. I look forward to updating my hon. Friend the Member for Waveney on Report.
Jeremy Lefroy
A brief point: we talk about access to British fisheries, but I imagine we are talking about United Kingdom fisheries. I wonder whether British and United Kingdom are being used interchangeably, because we talk about United Kingdom later on. Could I have some clarification on that?
George Eustice
I can give my hon. Friend the Member for Waveney the reassurance he seeks. The amendment is unnecessary. The reason is that we are absolutely clear and explicit that in future, once the Bill comes into effect, it will be prohibited for any foreign vessel to fish in UK waters in the UK’s exclusive economic zone unless it has a UK fishing licence. I draw his attention to clause 11(1), which could not be clearer. It states that
“Fishing within British fishery limits by a foreign fishing boat is prohibited unless authorised by a licence.”
He should read that in conjunction with clause 12(3), which states quite clearly that
“A licence under this section may be granted so as to impose limits on the authority”.
That licence would govern the area in which fishing is authorised, so it could prevent fishing in certain areas; the periods, times or particular voyages during which fishing is authorised; the types of fish that are allowed be caught during a visit to UK waters; and finally, in subsection 12(3)(d)—of relevance to pulse trawling, which I know my hon. Friend feels strongly about—the method of sea fishing. That would give us all the powers we need to impose on all foreign fishing vessels a requirement to use a particular type of fishing method and a particular gear type. Without wanting to dwell on the detail, clause 31 also gives powers for the Administrations to set technical conservation measures in their waters, separate from the conditions which are attached to the licence. On that basis, I hope that the he agrees that the amendment is unnecessary.
My hon. Friend the Member for Stafford made a point about the use of the term “British” and whether we mean “UK” or “British”. In general, we talk in terms of a UK fishing licence, which is a licence issued by any of the Administrations in the UK. In the event of granting a licence to foreign vessels, the MMO, with the consent of the devolved Administrations, would issue a single licence on behalf of every part of the UK. A separate, long-established term in fisheries legislation from 1967 and before is “British vessel”, which tends to mean any vessel that is registered to the UK—including Northern Ireland—or to the Crown dependencies, or British-owned vessels. The term “British vessel”, which stems from an era in which “British” tended to be used in a different context to that of today, runs through our previous legislation and is used in parts of the Bill.
Peter Aldous
I thank the Minister for his latter clarification in response to the question from the hon. Member for Stafford. He has saved me from the embarrassment of shoddy use of language. I am also grateful to him for providing such extensive clarification and reassurances, and on that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
George Eustice
Clause 8 simply sets the terms under which foreign fishing boats may enter British fishery limits and replaces section 2 of the Fishery Limits Act 1976. Under that section, as amended by the Scotland Act 1998 and the Northern Ireland Act 1998, the Secretary of State and Ministers of devolved Administrations may designate, by Order in Council, the foreign countries whose vessels may enter British fishery limits.
Paragraph 8(1)(a) provides that a foreign vessel can enter British fishery limits only if it has a sea fishing licence. The effect of the clause is that all foreign fishing vessels will need the express permission of the UK to enter into our waters to fish. Subsection (2) requires that foreign fishing boats must leave British fisheries limits as soon as their fishing activities or other purposes for entering British fishery limits have been completed.
The purpose of the measure is to ensure that foreign vessels entering UK waters leave once their permitted purpose has concluded. Subsection (3) creates an offence against the master, and an offence of vicarious liability against the owner and the charterer of a foreign fishing vessel, for entering UK waters for any purpose other than fishing in accordance with a sea fishing licence, and under international law agreements or arrangements.
Luke Pollard
As we prepared for the Bill, a number of stakeholders expressed concern about a missing element: a requirement for foreign fishing boats to abide by the same standards as British fishing boats. As that is covered by an amendment we seek to table elsewhere in the Bill, I will not push it to a conversation or debate now. That is the only omission and, as the clause stands, we will not oppose it.
Jeremy Lefroy
I will ask the Minister one brief question, if he will forgive my ignorance. Does this provision include access for the purposes of landing fish as well? Let us say that fish are being caught in other waters but are to be landed for processing in UK ports. How would this measure apply to that?
George Eustice
The direct answer is that there are other provisions in international maritime law that enable the passage of vessels for lawful purposes, including trade or landing fish elsewhere. The terms of the fishing licence will be specifically pertinent to the fishing activity that is permitted under that particular licence.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
British fishing boats required to be licensed
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
New clause 18—Licensing of fishing boats—
“The Marine Management Organisation must exercise its functions so as to secure (so far as possible) that—
(a) fishing boats are not used in contravention of section 9(1) (prohibition on fishing without authority of licence), and
(b) conditions attached to sea fishing licences under paragraph 1 of Schedule 2 are not broken, as a result of the exercise of rights sold in accordance with the regulations.”
George Eustice
The clause sets out the conditions under which British fishing boats would be licensed to fish in UK waters and prohibits fishing without a licence, except for stated specific exemptions. The Secretary of State may make regulations to add, remove or vary the exceptions listed. Scottish and Welsh Ministers and the Northern Ireland Government must be consulted prior to any such regulations being made.
If British fishing boats take part in fishing activities in UK waters that are not exceptions under subsection (2) without a fishing licence, the owner, charterer and master will be guilty of an offence. Further information on the offences and associated penalties is contained in clauses 14 to 16, which we will come to.
Peter Aldous
I will not detain the Committee long. New clause 18 is a probing one to seek clarification from the Minister on the extent of the MMO’s responsibility with regard to the licensing of fishing boats. I particularly seek clarification that the conditions will still apply when rights have been transferred. I am concerned that there might be loopholes that the ingenious might seek to exploit, and I would be grateful if the Minister could allay my concerns on that point.
George Eustice
The proposed new clause relates to the enforcement functions of the MMO. I can tell my hon. Friend that the MMO already has a wide suite of enforcement powers. I will get bored with mentioning this Act, but part 8 of the Marine and Coastal Access Act 2009 sets out the MMO’s powers. Section 238 gives it powers to enforce fisheries legislation; sections 246 to 254 give it powers of entry, search and seizure; and sections 264 to 287 give it fisheries enforcement powers, such as inspection powers, so the MMO already has a broad suite of powers in current legislation.
Mr Sweeney
Is it not a matter of regret for the Minister that Phil Haslam, the director of operations at the MMO, said its budget has reduced by 60% since its inception? Surely that has had an impact on its operational effectiveness.
George Eustice
The purpose of the Bill is to look forward. The important thing is having the capacity in place should it need to be called on. Currently, two fisheries patrol vessels are typically deployed in English waters. We will be moving to a position where we have access to up to 10 or 11 vessels, and aerial surveillance on top of that. That is a substantial increase in enforcement capacity, should it be needed. It may not be needed, but we do not yet know what scenarios we may face, so as a precaution we built in the capacity we might need.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 10
Power to grant licences in respect of British fishing boats
Mr Carmichael
I beg to move amendment 33, in clause 12, page 7, line 32, at end insert—
“(1A) The Secretary of State must publish each year a report on—
(a) the number of licenses granted, and
(b) the country of origin of the boat to which each license is granted.”
To ensure transparency and accountability over the granting of licenses to foreign fishing boats by each relevant national authority.
Clause 12 centres on the power to grant licences in respect of foreign fishing boats. There is concern in the industry—principally on the part of the National Federation of Fishermen’s Organisations—that there is a need for greater transparency in the way and the extent to which that is done. For that reason, my amendment would require the Secretary of State to publish each year a report on the number of licences granted and the country of origin of the boat to which each licence is granted.
Currently, the Bill allows only the political representatives of each of the relevant national authorities to grant licences to foreign fishing boats. The purpose of the amendment is to bring in an element of transparency and accountability. It should not be particularly onerous—I would have thought the administrative procedure would be fairly straightforward—but it would allow the industry to have confidence in the way the system works and prevent, or at least highlight, any abuse of the system, ensuring fair and appropriate use of the powers.
George Eustice
I hope I can reassure right the hon. Gentleman that, in common with a number of similar amendments, the amendment is not necessary but we have nothing to hide in this regard. I anticipate that we would indeed publish the number of licences granted where we were able to, probably as part of the Marine Management Organisation’s annual report, which covers a wide range of issues. I am happy to explore with officials whether a section could be added to the report to include such data.
There is one potential technical flaw with that approach. As the right hon. Gentleman knows, the granting of licences is a devolved matter. We have been working with the devolved Administrations on a sensible and pragmatic approach. In all likelihood, there will be one issue of a licence to foreign vessels granted access to our waters. It will be issued by the Marine Management Organisation, but only with the consent of each devolved Administration. The purpose of that is to remove the pointless duplication of having to issue four separate licences covering each part of the UK for an internationally agreed arrangement to grant a particular cohort of vessels access to our waters.
If that administrative approach holds—the devolved Administrations show no appetite at the moment for issuing lots of separate licences for foreign access—the Marine Management Organisation would indeed have access to that information. If at some point one of the devolved Administrations decided to grant their own licence, the right hon. Gentleman might have to ask his colleagues in other devolved legislatures to table parliamentary questions to seek the answers that he is interested in.
The right hon. Gentleman raises an important point of principle, and I will seek to update the Committee on Report about whether we can include what he asks for as a convention to be included in the annual Marine Management Organisation report. I hope he will not see the need to make it a statutory requirement.
Mr Carmichael
We strike a recurring theme here: the Minister is determined to legislate for happy times. We all hope that happy times will last. By definition, to be a Liberal Democrat is to be an optimist, so I hope more than anybody else that happy times might last. However, the purpose of the legislation is to deal with occasions when there are differences, tensions and disagreements. I do not doubt that the Minister will continue to publish the information in the way that he describes, but it is just about conceivable that the day will come when the Minister is not the Minister and there might be another Minister who will do things very differently. That is why we put these things in statute rather than leaving them to the discretion of individual Ministers.
George Eustice
The right hon. Gentleman is aware that in such circumstances, there would be many other mechanisms available, not least simply tabling a parliamentary question. If the Marine Management Organisation had access to the information since it had issued the said licences, it would be inconceivable that it could avoid answering such a question were it tabled as a parliamentary question.
Mr Carmichael
That is undoubtedly the case, but I said right at the start that the issue is one of transparency and accountability. Such things are best hard-wired into the Bill, rather than being left to the vagaries of the written parliamentary question system. The Minister says he will take the matter away and report back to the Committee at a later stage, so I will not press the amendment to a Division, but, as a caveat to that, I reserve the position with regard to later procedure. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Sweeney
I support the amendment. Coming from a shipbuilding background with, perhaps, issues not entirely dissimilar to those affecting fisheries, I know the frustration in many industries about having a level playing field and the opportunity to compete on the same basis. That is the reality facing many fishermen in the UK.
Many boats adhere to onerous constraints, such as the environmental standards and safety requirements that govern their operation. That is right, and respects the way we do business. It is therefore only right that all fishing boats operating in British territorial waters should adhere to the same conditions. Not only does that reduce risk to our maritime patrol agencies that would have to intervene in certain scenarios, if people’s safety was at risk; it also improves the environmental situation—and environmental damage would cause damage to many stakeholders in the industry and the country.
For those reasons it is critical that the Minister should include the measure in the Bill. Not only would that safeguard the UK fishing industry and its interests, including in the Western Isles, Fraserburgh, Peterhead and the big commercial areas, but it would ensure that other stakeholders, many of them around the UK coastline, would be protected from the negative effects of incursions by boats that did not adhere to the same standards within UK territorial waters. That would be a very worthwhile thing to do.
George Eustice
I hope that I can persuade the hon. Member for Plymouth, Sutton and Devonport that the amendment is unnecessary, because of provisions that already exist. The amendment has two objectives—to get foreign vessels to abide by the same environmental standards as British fishing vessels would need to, and to get them to abide by the same safety standards.
To begin with the first objective, paragraph 1(2)(d) of schedule 2 allows conditions to be imposed
“for the purposes of conserving or enhancing the marine and aquatic environment”.
The Bill therefore includes the power to impose such conditions, detailed in schedule 2. It is absolutely our intention, as we make clear in our White Paper, that any vessel seeking to access UK waters would have to abide by the environmental standards that we set out. However, I caution against saying that they must abide by the same standards as us, because there may be circumstances where we would not want to grant them access to the areas where our fishing vessels can go, or where we might not allow foreign vessels to use particular types of gear where we might allow our own vessels to do so.
Luke Pollard
I have to say to the Minister that I am not reassured by that, and neither are fishing communities up and down the country. They are looking for wording in the Bill that says that EU fishing boats will have the same standards as UK fishing boats because of the widespread perception and reality that, at present, they do not have the same standards. Although I appreciate the Minister’s efforts to explain why there is an existing equivalence, that is not the lived experience of fishers across the UK today.
George Eustice
The cause of that is European law, and the fact that we have to abide by it and sometimes accept certain practices in our waters that we would otherwise choose not to. The premise of the Bill is that when we take control of these matters and have a proper licensing regime, it is for us, and us alone, to determine the conditions that we place on vessels that want to enter our waters. That is not the case now. That is why fishermen feel aggrieved.
Luke Pollard
Indeed they are. Those are fine words, which I wish I had used in my opening remarks, because that is exactly the point of this amendment. As we are now taking back control of our waters, it is up to us to set the standards that we wish the fishers in our community to be governed by. That is why it is important that we include in the Bill a clear set of words that say that EU fishers must abide by the same regulations as UK fishers, because the sense of betrayal, which I spoke about earlier, is not just about giving away access to waters, but about having different rules that they play by. My hon. Friend the Member for Glasgow North East was exactly right about the requirement for a level playing field. There is a real concern among fishers that a level playing field will not be achieved by this Bill. The refusal to put into the Bill clear wording that says that EU fishers must obey the same rules as UK fishers will worry an awful lot of our fishing communities up and down the country. I will therefore not withdraw the amendment, but will press it to a vote.
Question put, That the amendment be made.