Oral Answers to Questions

George Eustice Excerpts

Thursday 18th October 2018 Commons Chamber

[Jeremy Lefroy (Stafford) (Con)]

9. What progress the Government have made on reintroducing a seasonal agricultural workers scheme.

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

The Government have announced that we will introduce a new pilot scheme for 2019-20 to enable up to 2,500 non-European economic area migrant workers to come into the UK to undertake seasonal employment in horticulture. On 18 September, DEFRA published further details on the pilot and opened the selection process for operators through a request for information. The industry had until 17 October to respond, and we will now be working with colleagues in the Home Office to develop the pilot.

[Jeremy Lefroy]

I thank the Minister very much for his reply. Recently I visited PDM Produce, which is in my constituency and that of my hon. Friend the Member for The Wrekin (Mark Pritchard). It produces millions of lettuces a month for the UK market and imports from Europe in the off-season. It is really concerned because while it welcomes the new pilot, that is not nearly enough to ensure that it can continue to produce for the UK market, which could have an impact on our balance of payments and the prices of lettuces and salad in the shops.

[George Eustice]

My hon. Friend raises an important point, but he should acknowledge that this is a pilot involving the small number of 2,500 people. Typically, when the previous SAW scheme ran from 1945 until 2013, in the region of 20,000 to 30,000 people came in under the scheme each year.

[Kerry McCarthy (Bristol East) (Lab)]

The charity Focus on Labour Exploitation—FLEX—has warned that the scheme to which the Minister referred involving temporary visas for non-EU workers to work on British farms could lead to a sharp rise in exploitation if there are ties to a particular employer. Later today, to mark Anti-Slavery Day, I will lead a debate on ending the exploitation and slavery of workers in the supermarket supply chain. Is the Minister aware of those concerns and will he follow this afternoon’s debate? This is one of the worst sectors for modern slavery and the exploitation of workers, so can he make sure that he is on the case?

[George Eustice]

The Gangmasters and Labour Abuse Authority regulates all labour providers, including by looking at issues such as accommodation and its costs. There was no evidence that this particular scheme was abused, but there are issues of the type of abuse that the hon. Lady talked about. The GLAA always takes strict action when it finds that is necessary.

[Mr Philip Hollobone (Kettering) (Con)]

Why on earth can we not find enough British workers to do these seasonal agricultural jobs?

[George Eustice]

We have full employment and the lowest unemployment since the early 1970s. It is a very scarce labour market, and it has always been the case that some sectors in horticulture have required overseas labour—seasonal labour—to support their needs.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Given the massive gap between how many seasonal agricultural workers are required and the numbers involved in the minuscule pilot, how will the Minister cherry-pick the minority of businesses that can work on the pilot and have their fruit and veg picked, while the majority will see the fruit and veg left to rot in the fields?

[George Eustice]

I disagree with the hon. Gentleman. We still have free movement from the European Union at the moment, and most businesses are able to meet their labour needs from the EU. The pilot will be for non-EEA countries, and if it is successful, we shall be able to roll out a broader scheme.

[Diana Johnson (Kingston upon Hull North) (Lab)]

10. When he plans to bring forward legislative proposals to increase the length of prison sentences for animal cruelty.

--- Later in debate ---

[David Duguid (Banff and Buchan) (Con)]

I welcome the Minister’s earlier comments about seasonal agricultural workers, but can he tell the House what discussions he has had with the Home Secretary on the future labour requirements of the seafood processing sector, and the food processing sector in general, particularly in areas of low unemployment such as the north-east of Scotland?

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I am aware that the catching sector in Scotland has some particular issues around the maritime exemption and Filipino crews. That is something that colleagues in the Home Office are looking at. When it comes to the needs of the food industry more broadly, the report by the Migration Advisory Committee pointed out that existing EU citizens will be able to stay, and also that tier 5 youth mobility can be used in this case.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

On 20 March, at the Dispatch Box, the Secretary of State told us that

“in December 2020 we will be negotiating fishing opportunities as a third country and independent coastal state”.—[Official Report, 20 March 2018; Vol. 638, c. 163.]

Given this morning’s comments by the Prime Minister and the Minister for the Cabinet Office about extending the transitional period, how confident is the Secretary of State now that he will be able to meet that undertaking?

Agriculture and Fisheries Council

George Eustice Excerpts

Thursday 11th October 2018 Written Statements

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

The Agriculture and Fisheries Council will take place on 15 October in Luxembourg. As the provisional agenda stands, the main focus for fisheries will be a regulation on fixing the fishing opportunities in the Baltic sea for 2019, for which a political agreement is sought.

Council will then hold an exchange of views on the EU-Norway annual consultation for 2019. There will also be an exchange of views on the annual meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT).

For agriculture, the main item will be a progress report on the regulation on CAP strategic plans. The European Commission will also give a presentation on the G20 agriculture meeting.

[HCWS988]

Agriculture Bill

George Eustice Excerpts

Wednesday 10th October 2018 Commons Chamber

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

It is a real pleasure to close this debate, in part because, as the Secretary of State set out at the start, I worked in the farming industry for 10 years and my family have farmed in Cornwall for six generations, and in part because that time spent farming and my five years as Farming Minister have shown me that the common agricultural policy is dysfunctional, frankly, and that we can do far better. The Bill creates the framework to do things better and to set a more coherent course for our policy.

As power returns to Parliament as we leave the European Union, it has been genuinely encouraging this afternoon to hear so many hon. Members take part in the debate. It shows that Parliament is ready for the task. We have heard many powerful speeches from Members with farming experience, including my hon. Friends the Members for Tiverton and Honiton (Neil Parish), for York Outer (Julian Sturdy), for North Herefordshire (Bill Wiggin), for South Dorset (Richard Drax) and for Banbury (Victoria Prentis), my right hon. Friend the Member for Newbury (Richard Benyon) and my hon. Friend the Member for Gordon (Colin Clark)—apologies to any Members I have missed out. We have also heard many other passionate speeches from hon. Members in rural constituencies who work in close partnership with farmers in their constituencies and who have championed their interests today.

The shadow Secretary of State and many others said that they did not believe that there was enough about agriculture and food in the Bill. I want to address that point. Let us start from the top. The Bill is called the Agriculture Bill. The long title says that it is a Bill to

“Authorise new expenditure for certain agricultural and other purposes…to make provision about the acquisition and use of information connected with food supply chains; to confer power to respond to exceptional market conditions affecting agricultural markets,”

and

“to make provision for the recognition of associations of agricultural producers”.

I therefore do not agree that there is nothing about food or agriculture in the Bill. What is true is that part 1 is predominantly about delivering environmental goods, but parts 2, 3, 4, 5 and 6 are predominantly about other issues that will assist farmers in their key task of producing food for the nation.

What the Bill does not envisage, however—this is true—is a long-term place for old-style subsidies of the sort that we have seen in recent decades. There are a number of key points to recognise here. First, our current area-based system is not about food production either, but is an arbitrary area payment paid to farmers regardless of what they produce. Decoupling took place some 50 years ago. The current system is not about food production. We should also recognise that some of our most successful and vibrant food-producing sectors of agriculture have never been subsidised. Look at the poultry industry, the pig industry, the horticulture industry or fruit and veg producers. They have never had subsidies.

Our approach has therefore been to say that we should look at the underlying causes of why some farmers are dependent on the single farm payment and a subsidy. If there is a lack of fairness and transparency in the supply chain, let us bring forward provisions to address that, so that farmers can get a fair share in the value chain. If we need farmers to invest to become more competitive and reduce some of their costs, let us make available the powers to give them grants and financial support to invest in the future and in technology. If we should help new entrants into the industry and, as my right hon. Friend the Member for Newbury (Richard Benyon) pointed out, assist others who should retire to do so with dignity, let us make provision for that in the Bill, and we do.

There has been a lively discussion about the uplands. My hon. Friend the Member for Tiverton and Honiton and the hon. Member for Westmorland and Lonsdale (Tim Farron) both spoke about the precariousness of the uplands and raised questions about their financial viability. However, organisations such as the Uplands Alliance are telling us that they believe that they can create a viable and successful model based on the delivery of public goods and that if we are serious about what we say—that we want to reward farmers based on what they do for the environment—the uplands can help with flood mitigation, water quality, carbon sequestration, public access and tourism. They believe that they can do a great deal by way of public goods.

We have had a number of lively exchanges about provisions for Scotland and some powerful contributions from Scottish Conservative Members. The hon. Member for Edinburgh North and Leith (Deidre Brock) is in a slightly difficult position, because her colleagues in the Scottish Government currently have no plan. We are setting out a plan for England in this Bill. Wales has a plan, set out in schedule 3, and Northern Ireland has a plan, set out in schedule 4, and it does not even have an Administration. Scotland is alone in not having a plan. We have been clear with the Scottish Government that we will reserve a place in the Bill to add a schedule, should they want us to on their behalf, but if they do not want to do that, they must make time in their own Parliament to introduce their own legislation.

The shadow Secretary of State raised the issue of climate change. This is explicitly provided for in clause 1(1)(d), which recognises climate change as a purpose. She also complained that this was too much of a framework Bill and that there was not enough detail, but she went on to praise the Agriculture Act 1947. The 1947 Act was also a framework Bill, which made lots of provision for new orders. If she reads it, she will see that its sections are peppered with the words “the relevant Minister may”. I believe there is no difference. This is a framework Bill in much the same way as the 1947 Act was.

My right hon. Friend the Member for North Shropshire (Mr Paterson), who was the very first Secretary of State I had the pleasure of working with in the Department, raised two important issues. First, we agree on the need to invest in technology and agri-tech. Clause 1(2) provides for that to happen. Secondly, he raised the importance of soil. The very first purpose of managing land and water in a way that protects and improves the environment is intended to cover soil. I can also tell him that the policy statement we published alongside the Bill explicitly states that soil health is one of our key objectives. I would like to commend the great work my hon. Friend the Member for Taunton Deane (Rebecca Pow) has done in this area. We are working with a number of academic institutions, including Cranfield University, Rothamsted and others, to develop a soil health index. I believe that paying greater attention to soil health, as we design future policy, will be very important.

A number of hon. Members, including my hon. Friend the Member for Brecon and Radnorshire (Chris Davies), my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin) and my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan), highlighted the difficulties of regulation. Some pointed out the current frustrations we have with the administration of existing EU schemes. Some perhaps pointed the finger at the Rural Payments Agency and Natural England. I would say to hon. Members that our agencies can only deal with the legislation they are given currently by the European Union. It is very dysfunctional. It is very onerous. We have an opportunity to sort it out, as this House takes back control. Clause 6 will provide a very clear power to give us the ability to modify retained EU law, knock off some of the rough edges and remove some of the unnecessary provisions and unnecessary audit requirements.

[Alan Brown]

Will the Minister give way?

[George Eustice]

I am not going to give way, because I am going to try to pick up on a few final points.

My hon. Friend the Member for Somerton and Frome (David Warburton) asked a question about clause 10, which is intended to modify the existing fruit and veg regime. The industry has some concerns with the regime. It does not work very well and often ends in litigation. We want to tidy it up and bring some clarity to it. He also asked about clause 7 and the transition. We have published our intention for year one of the transition. Smaller farms receiving under £30,000 a year would have a 5% cut. For larger farms, anything they receive over £150,000 would see a 25% reduction. We believe we have set out an approach that deals with that.

In conclusion, I believe we have had a very comprehensive debate. It has been a pleasure to close it. I am sorry that I have not been able to pick up on all the issues hon. Members have raised, but I am sure there will be opportunities to do so during the Bill’s later stages, or indeed before then should they wish to meet me. I commend the Bill to the House.

Question put, That the amendment be made.

Scallop Fishing: Bay of Seine

George Eustice Excerpts

Thursday 13th September 2018 Commons Chamber

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I wish to take this opportunity to update the House on recent developments regarding the scallop fishery in the Bay of Seine following altercations that occurred on 27 August. Any violence taking place is unacceptable, and the safety of our fishing fleet is paramount. Subsequent negotiations to resolve the dispute have regrettably not resulted in an agreement.

The scallop fishery is not governed by the quota regime that pertains for most fin-fish species, but instead by the western waters regime, which places limitations on effort for larger vessels over 15 metres. Vessels over 15 metres in size are limited by the number of kilowatt-days they spend at sea, and these units of effort are tradeable between producer organisations in much the same way as quota. Vessels of under 15 metres in length are not subject to the western waters regime and do not require an effort allocation.

The background to the current dispute is that French domestic law requires that French vessels cannot trawl scallops between 15 May and 31 October, at the latest, partly to protect the species during their seeding season and partly to maximise the scallops’ economic value. Preserving the sustainability of our stocks is important, and between May and June, UK fishermen refrain from fishing in the area to avoid the scallop gestation period. Those domestic French rules do not apply to other EU member states.

The French have recognised the UK industry’s legal right to fish in the Bay of Seine. UK fishermen have a smaller allocation of scallop fishing effort under the western waters regime due to historical allocation methodologies, with UK fishermen allocated 3.3 million kilowatt-days and French fishermen allocated 7.4 million kilowatt-days. As a result, since 2013, the fishery in the Bay of Seine has been subject to an industry agreement. The UK 15 metre and over scallop fishing industry has agreed to voluntarily observe this non-trawling season in the English channel, including the Bay of Seine, in exchange for more fishing effort from France. The agreement has never applied to the under-15 metre fleet since it does not benefit from the inward transfer of effort.

The agreement that had been in place for five years broke down this year because the French industry insisted that the under-15 metre fleet be included in the voluntary agreement. The UK industry was unable to carry the under-15 metre fleet regarding such an agreement, since that fleet would receive nothing in return. As a result, no agreement was reached in 2018.

On 27 August, there were altercations between UK and French scallop fishers in the Bay of Seine. Some 35 French boats confronted a smaller number of UK vessels, with reports of rocks and smoke bombs being hurled at UK mariners. The incidents of 27 August occurred as a result of the French industry’s continued frustration at not being able to fish in the Bay of Seine while UK vessels were able to do so, following the failure to reach a voluntary agreement. It must be stressed that the UK vessels were not contravening any French or EU law by fishing in those waters at that time. The UK vessels were operating in an area where they were legally entitled to fish. The area is outside French territorial waters—that is, beyond 12 nautical miles.

Under the common fisheries policy, the vessels of EU member states have the right to fish in each other’s exclusive economic zones—the waters between 12 and 200 nautical miles offshore. It is then the responsibility of each country to control the activities taking place in its waters. We therefore look to the French authorities to protect our fishermen and their vessels if they choose to fish legally in French waters.

Our analysis of vessel monitoring information from 27 August showed that there were 16 vessels in the area from England, Scotland and Northern Ireland. Since the incidents took place, UK vessels have voluntarily chosen to stay away from the Bay of Seine while discussions to resolve the issue are ongoing. Vessels have tended instead to fish in grounds to the east. The Fishery Protection Squadron has been kept informed of developments. Fisheries protection vessel HMS Mersey has been in the waters off the south coast since the incident took place. Fisheries protection vessels operate within UK waters—that is, the area out to 200 nautical miles from the shore, or the median line. The vessels are unable to enter the waters of another country without invitation, except in very limited circumstances: the protection of life at sea in the event of there being a threat to life; or through the right of innocent passage to enable vessels to transit through an area without interference. As the Bay of Seine is in the French exclusive economic zone, the enforcement and safety of vessels in those waters is the responsibility of the French authorities.

The UK Government have been proactive in supporting the industry to try to secure an acceptable solution for both sides. Immediately after the incidents on 27 August, my officials convened a meeting in London. UK and French officials and UK and French industry representatives met in London on 5 September. There was initial success in the talks. It was decided to renew the previous agreement involving the UK 15 metre and over vessels, as long as the under-15 metre fleet could also be brought into a deal. That was agreed in principle, subject to further discussion about a reasonable compensation package. The agreement was that there could be an inward transfer of quota for other species from the French industry to the UK industry, which could then be leased to create financial compensation for the scallop vessels affected.

The details of that package were discussed, again between UK and French officials and the UK and French industries, in Paris on 7 September. Progress was made on the dates that the fishery could be open. However, the compensation sought by the UK industry for loss of earnings during the period that it was unable to fish in the Bay of Seine was significantly different from the proposal made by the French industry.

Minister Travert and I discussed the progress of the negotiations twice, including on the evening of 7 September. Since our call, UK and French officials have shared their analysis this week and held discussions on Tuesday. There was greater understanding of the UK’s evidence. However, the offer made by the French industry remained unchanged from that discussed in Paris on Friday. The UK industry does not believe that the compensation package proposed by the French fishing industry provides sufficient recompense for its projected loss of earnings and has rejected it on that basis. The French industry is currently unwilling to accept an offer to put back in place the agreement that has applied to the over-15 metre fleet for a number of years. As a result, the talks have broken down and there remains no agreement at all.

I have written today to Minister Stéphane Travert to express my disappointment at not reaching an agreement. The UK Government have offered to assist French enforcement authorities with Marine Management Organisation personnel should they want to consider joint operations, given the risk of further altercations. I have also asked the French Government to consider the alternative options available to them. First, it seems to me that putting back in place the agreement for the over-15 metre fleet, which has stood the test of time over the last five years, would be preferable to no agreement at all, and I hope that the French industry will reconsider its position. Secondly, it is open to the French Government to lift the domestic restrictions they have in place earlier than they normally would in order to address concerns that their industry has expressed about the lack of a level playing field.

The UK industry is legally allowed to fish in the Bay of Seine. It has shown commendable restraint during the negotiations, and I welcome its co-operation and understanding. It is for the industry to decide where it fishes, as long as that is done legally. In my letter to Minister Travert, I emphasised the absolute need for safety to remain paramount. I hope that a mutually beneficial outcome might still be agreed between the two industries but, in the meantime, we stand ready to offer what assistance the French Government may wish to consider.

[Sue Hayman (Workington) (Lab)]

I thank the Minister for his statement but, before I move on, may I say that I was very disappointed not to receive the statement until 15 minutes after I had arrived in the Chamber? This is a really important matter and the Opposition should be able to expect to receive information in a timely manner. I am sure that there has been a mix-up, but I would like assurances that I will receive information appropriately in the future.

Fishing is essential for coastal communities, and scallop fishing is an important part of that industry. About 60% of the catch is exported, with much of it being bought in France. During the negotiations with France, we know that the smaller boats volunteered in good faith to stay away from the disputed fishing grounds. However, every day that British boats are unable to go fishing, livelihoods and communities are hurt.

We all know that the French navy should have stopped this appalling violence. Now that the negotiations have broken down, what assurances have the French authorities given to make sure that this cannot happen again? We have heard that the Government are looking to the French authorities to protect our fishermen and their vessels, which are fishing quite legally within French waters. Will the Minister clarify what discussions he has had with the French Government to ensure that any future protests do not descend into violence? As we have heard, the UK vessels were not contravening any French or EU law at the time. Will the Minister clarify what progress is being made on compensation for British fishers who have suffered damage to their boats and now face restrictions being imposed on them?

As we await the publication of the fisheries Bill, the industry looks to the Government for some backbone, and to the Minister to fight for them, their livelihoods and their communities. This matters because fishing matters and fishing jobs matter—not just to the coastal communities that rely on fishing and the processing of the catch for employment, but because this tells us a story about how Ministers will stand up for the industry during and after Brexit.

Outside the CFP, we will rely on the same Ministers who have failed to find their voice over the scallop wars to seal an annual deal with the EU over quotas, science and access to waters. Just this week we have seen a damning report by the National Audit Office on the lack of Brexit preparedness in the Department for Environment, Food and Rural Affairs. Serious concerns were raised about marine control and enforcement. Will the Minister outline what urgent measures he is taking to address the concerns outlined in this week’s NAO report?

These conflicts over scallops raise serious questions about the approach that Ministers will take to manage conflicts and access to waters after Brexit. Ministers need to know that we in the Opposition will be following this closely. Should their defence of our fishing industry not be up to scratch, we will be holding them to account.

Our fishermen need defending. The French tested our lines over the scallop wars and now believe that they can get away with it. Our fishermen deserve better, and the Government need to step up.

[George Eustice]

I am sorry that the shadow Minister feels she did not receive a copy of the statement in a timely fashion. I can say that we got the statement to her as quickly as we could. I understand that it was sent to her by email at about 11 o’clock, with hard copies then brought to the House. I appreciate that she may have thought that proceedings on the statement were going to start slightly earlier, but if she feels that she did not receive it in time, I am sorry to hear that.

The hon. Lady asks for an update on what assurances we have sought from the French authorities. I can confirm that, immediately after the altercation on 27 August, I spoke to my opposite number, Minister Stéphane Travert, and the principal issue we discussed was enforcement. He gave a very clear undertaking at that point that he recognised that UK vessels were fishing legally, and he said that he had increased resourcing to ensure that the gendarmerie were able to deal with future issues by increasing the number in that particular area. I sought a similar assurance on the second occasion we spoke after the negotiations last Friday, and I have reiterated the importance of this in the letter that I have sent to him today.

We have made it clear that we stand ready to assist the French authorities if they wish. It is not unknown or unusual for officers from the Marine Management Organisation, for instance, to carry out joint work on board French vessels, and there are instances where such work is appropriate. The French authorities have not currently taken up that offer but, as I made clear in my statement, it remains on the table.

The hon. Lady asked about compensation, and we have been working hard to get an agreement. From the beginning, we have been consistently clear with the French Government that we have no legal basis to instruct or tell our fishing industry not to fish in that area, and neither have we ever done so. We were also clear with our fishing industry that we would not have told people not to fish in those areas, but the industry itself voluntarily chose not to fish there during the period of negotiation. That rightly recognised that, because negotiations were ongoing, it would be helpful to avoid further altercation. The industry took that choice, but now that talks have broken down, we must ensure that the French authorities enforce the industry’s right to fish in those waters.

The hon. Lady asked about our defence of fishing interests, and I say simply that I have done this job for five years and have a good rapport with our industry representatives. We have held discussions and worked closely with them on this issue, and representatives from the UK fishing industry have attended meetings that we have convened. We have used data from the Marine Management Organisation to support and underpin the evidence base behind requests made during those negotiations. We have very much stood up for the interests of our industry, and helped to support it and to find a resolution to the dispute. As we leave the European Union—this is a much broader topic—we will become an independent coastal state again, and we will conduct annual fisheries negotiations in a new UK-EU bilateral on some of these issues. As an independent costal state, we will have control of access to our waters, and we will negotiate the share of the total allowable catch.

The hon. Lady spoke of preparations for leaving the European Union. Although the National Audit Office report highlighted some concerns, it also recognised that DEFRA is dealing with a huge body of EU law. Indeed, it gave the Department a lot of credit for the progress we have made in many areas. We are already making preparations on fishing, including by holding meetings and discussions with countries such as Norway, Iceland and the Faroe Islands about future arrangements. The MMO is carrying out detailed work on issues such as fisheries enforcement and how needs may change, and to ensure that we have the capacity to deal with any increase in catch certificates that may be required. Many of those issues relate to the much broader topic of our leaving the common fisheries policy and becoming an independent coastal state again, but for the time being, the UK Government are doing everything they can to support our industry in this dispute over scallops.

[Dr Sarah Wollaston (Totnes) (Con)]

UK vessels have no access to scallops anywhere within French waters inside the 12-mile limit, which is very much in contrast to the position of French vessels that have access to waters within the six to 12-mile limit in the UK. Will the Minister reiterate—there has been some misunderstanding about this—that our vessels were fishing absolutely legally at the time of these disgraceful attacks? I welcome his assurance and talks with his opposite number, as well as his offer of assistance, but Brixham fishermen would like further reassurance that, when they fish in those waters, perfectly legally, measures will be in place to ensure their safety.

--- Later in debate ---

[George Eustice]

I entirely agree with and understand my hon. Friend’s point. Much of the scallop fishing industry is based in Brixham in her constituency. She is right to say that the contested grounds are outside the 12-nautical mile limit—they are approximately 20 miles off the French coast and therefore not in French territorial waters. She is also right to say that in some areas the French fishing industry is able to fish in the UK’s six to 12-mile zone. She will be aware that the Government have already given notice, under the terms of the London fisheries convention, to withdraw from that agreement and negotiate access arrangements afresh.

[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the Minister for advance sight of his statement.

This is a very disappointing outcome. I urge the Minister to get back around the table. We cannot have the same situation occurring next year. It is really important that, despite there being no outcome from this round of negotiations, he does not give up but keeps trying to ensure that an agreement with France is found. The fishing industry is incredibly important to Scotland. Can the Minister assure us that the Scottish Government will be involved in any future negotiations, so that our voice can be heard and our interests protected? He talks about moving towards Brexit and the sovereignty that we will apparently have over our nautical area. On negotiations with the EU about fishing rights post Brexit, will he assure us that any bad feeling created over this situation will not spill over into those negotiations?

In previous years, Scotland’s voice has not been heard and the Scottish Government have not been given the right opportunity to have their voice heard in the negotiations, despite fishing being so important to Scotland. Will the Minister commit to ensuring that Scottish Government Ministers are involved in the negotiations?

[George Eustice]

There are a number of points that I would make. As I said in my statement, I still hope that, even at this late stage, the French industry will agree to take up the offer to put in place the agreement for the over-15 metre vessels that has stood the test of time for the last five years. It is not too late to do that. Indeed, the inward transfer of effort that they would make to enable this deal to happen is effort that would generally go unused, were they not to use it for this purpose.

I can also confirm that, when it comes to our annual fisheries negotiations, we go as a UK delegation. Alongside me in the trilateral meetings with the European Commission and the European presidency, I have representatives, including the Scottish, Welsh and Northern Ireland fisheries Ministers. We have a well-established convention that, on issues that affect Scotland specifically, it tends to be the Scottish Minister who leads on those elements of the negotiation.

The final point I would make about the negotiations on leaving the common fisheries policy is that this side of the House believes the decision to leave the European Union was right. We are going to respect that and implement it. That involves leaving the common fisheries policy, an issue on which I know the hon. Lady’s party has mixed views.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

The Minister will be aware that the bay of Seine is not the only potential flashpoint in the waters of European Union member states. What assessment has he made of the potential for other issues of this sort arising elsewhere? In particular, what is he doing about the Voisinage agreement between the Republic of Ireland and the United Kingdom, which, as I am sure he appreciates, has real potential to cause some difficulty in the not-too-distant future?

[George Eustice]

My hon. Friend is right that there are other areas where there is potential for this. Sometimes we wish to designate marine conservation zones and we require the support of other countries to do that. There is sometimes an issue around farmed deeps. None of them, however, has resulted in the strength of feeling that we have seen around the bay of Seine and that we saw in 2012.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

At the best of times, fishing is the most hazardous peacetime occupation. In the years since I left school, no fewer than five men who were with me at Islay High School have lost their lives while making their living at sea. That is why the sort of behaviour we witnessed on 27 August is simply unforgivable. When the Minister speaks to his opposite number in France, will he impress upon that Government that we expect them to ensure lawful behaviour by their fishermen, and that this Government will do everything to protect the right of our fishermen to make their living lawfully, as they were doing?

[George Eustice]

The right hon. Gentleman is right, and we have made that point to the French Government. It is worth noting that the French Government condemned the violence and acted quickly to increase the resources available for policing the area and enforcing lawful fishing activity.

[Mr Philip Hollobone (Kettering) (Con)]

As I understand it, it is crystal clear that the law and moral right are on the side of the British fishermen in this case. If the fishing is taking place outside French territorial waters, why can the Royal Navy not accompany our ships back into those fishing grounds? If we have fishery protection vessels and Type 23 frigates permanently positioned in the channel, surely the Royal Navy should be at sea with our fishermen to protect their livelihoods.

[George Eustice]

I understand the point that my hon. Friend is making, but these waters are outside French territorial waters but within the French exclusive economic zone. It is absolutely the responsibility of the French authorities to police and enforce fishing activity in their waters, just it is for our authorities to police fishing activity in our own exclusive economic zone.

[Melanie Onn (Great Grimsby) (Lab)]

To reassure the UK’s fishing sector of the Government’s commitment and responsibility to the industry, including in the event of further such disputes, we need the fisheries Bill. When can we expect to see it?

[George Eustice]

During the course of this Session.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

Will my hon. Friend join me in praising the admirable and restrained way in which the UK fishing industry has acted under extreme provocation?

--- Later in debate ---

[George Eustice]

My hon. Friend makes an important point. As I made clear in my statement, I commend the way in which our industry has behaved and the constructive approach it has taken to these talks. It is regrettable that there is not an agreement yet, but I hope there might still be one.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I love a dish of scallops with some butter and garlic, but can I eat it with a clear conscience? I support the right of the British to fish if they are legally allowed to do so, but some of the news about the fishing method used in this case suggests that it may be deeply damaging to the marine environment. Is it not time that we not only started to get on better with the French—after all, they are our allies and fellow members of the European Union—but looked again at fishing methods that involve scraping the bottom of the ocean and destroying the marine environment? Will the Minister instigate a commission to look at such methods?

[George Eustice]

We already have restrictions on where certain types of gear can be used, as well as technical regulations and specifications regarding the required features for bottom-towed trawler gear used for scallops. There are some regulations in place, therefore, and we keep them under review. The hon. Gentleman is right to say that this method of fishing can be damaging, but it is also the main method that we use for species such as scallops.

[Ross Thomson (Aberdeen South) (Con)]

Can my hon. Friend confirm that the French recognise the UK’s legal right to fish in the bay of Seine, and that it is the duty of the French authorities to protect British boats that are legally fishing there?

[George Eustice]

I can absolutely confirm that. The French Government have confirmed to me that they recognise that English vessels have a legal right to fish in those areas, and that they recognise their responsibilities to enforce fishing activity in their economic zone.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I have to declare an interest, because my daughter and her partner operate a fishing vessel out of Porthdinllaen. Given how this violence augurs ill for future relationships with EU countries’ fishing fleets, what discussions has the Minister had with Welsh Government colleagues about the protection of scallop beds and other non-quota species in Welsh waters?

[George Eustice]

Many of the technical regulations that would be introduced in the inshore area are the responsibility of the Welsh Government, who already have the freedom to introduce such technical restrictions. With a devolved issue such as fisheries, we work very closely on all such matters. That includes reaching a shared approach to international discussions, as I mentioned earlier, with the Welsh and Scottish Governments and the Northern Ireland Administration.

[Chris Philp (Croydon South) (Con)]

The Minister has already said that the British boats were in those waters entirely lawfully, and that the French authorities should have prevented violence. I saw some reports suggesting that there was a French police boat on station in the vicinity when the incident occurred. The Minister said that he had put pressure on the French authorities to act. Are there any legal mechanisms, via either the European Court or any other institution of the European Union, that can require the French to take action to prevent outrages of this sort?

[George Eustice]

Within the European Union, there is the European Fisheries Control Agency, which has a co-ordinating role in respect of the enforcement functions of all member states. On those countries that are not in the EU and our future agreements, arrangements for mutual agreement on enforcement are a common feature of international fisheries negotiations.

[Kelvin Hopkins (Luton North) (Ind)]

This incident surely reinforces the case for the strictest regulation and monitoring of all sea fishing, so will the Minister assure us that such events will never be permitted to occur in Britain’s historic fishing waters when we have left the common fisheries policy?

[George Eustice]

When we have left the common fisheries policy—I know that the hon. Gentleman has campaigned for that, alongside a number of Conservative Members—we will become an independent coastal state, and there still will be annual negotiations on fisheries. Disputes of this nature probably will not go away, because we have them occasionally whether we are in the EU or outside it, but we must always strive under international law to resolve our differences and secure mutually acceptable regulations.

[Kevin Foster (Torbay) (Con)]

The sight of boats from Torbay being attacked while lawfully fishing on the open sea was as shocking as it was unacceptable. The sea is not a place where the law does not apply. It is right to be talking to the French authorities about securing peaceful outcomes and stopping confrontation on the sea, but has the Minister also spoken to his counterparts about the possibility of using the criminal law to deal with those who use violence against our people?

[George Eustice]

As I said earlier, decisions of that sort, including decisions to bring prosecutions, are very much a matter for the French enforcement authorities, and I know that they will be looking closely at some of these issues.

[Chris Elmore (Ogmore) (Lab)]

It is obviously right and proper that our fishermen are allowed to fish in safety and within the remit of the law, but what reassurances can the Minister give to fishermen—the Government are on this never-ending prism of having to Brexit no matter what—about the post-Brexit process for negotiating with the European Union? Can he also reassure the agriculture and farming industry? The National Audit Office is saying that the Department for Environment, Food and Rural Affairs is not ready for Brexit, so what is he going to do about it?

[George Eustice]

I can reassure the hon. Gentleman that we already have comprehensive arrangements for reaching agreements on fisheries with countries that are not in the EU—with the Faroe islands, with Iceland and with Norway—so we know the methodology. There is the North East Atlantic Fisheries Commission, which we will rejoin, there is the North Atlantic Fisheries Organisation, which we will also rejoin, and there are other international forums.

[Stephen Kerr (Stirling) (Con)]

It must have been terrifying to be rammed and pelted with rocks and smoke bombs. Will the Minister reassure the House that the safety of British fishermen will be paramount in the Government’s considerations and actions, and that aggressive and dangerous acts directed at the British fishing fleet will not be tolerated?

[George Eustice]

I can give my hon. Friend that assurance. As I said in my statement, we regard safety at sea to be paramount, and that has been our key message to the French authorities since this incident occurred. Indeed, I restated its importance in my letter to Stéphane Travert today.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for coming to the House to make his statement, and also for the meeting that we had on Monday to discuss this matter.

The safety of our fishermen is vital. Fishing vessels from Northern Ireland were present at the first incident, on 27 August, fishing in legal grounds. Fishermen in boats from Portavogie, in my constituency, are intending to go into those grounds before the end of this month, as they do each year. Will the Minister assure me that our boats will be given safe passage and that their security will be protected? Will he state clearly and unequivocally that their safety and security will be guaranteed?

[George Eustice]

Yes, I can give the hon. Gentleman that assurance. I have made it clear that this is the responsibility of the French authorities, the grounds being in the French exclusive economic zone, but we have underlined the importance of the matter to the French authorities, and they have agreed and recognised that and have condemned the violence.

[Tom Pursglove (Corby) (Con)]

It is fair to say that the whole country stands with our fishing industry, which acted entirely properly, and is appalled by the violence. The Minister talked a bit about his discussions with his French counterpart. Can he say anything about any discussions he might have had at EU level?

[George Eustice]

My hon. Friend will be aware that we envisage resolving such issues ourselves in the future without having to go to the EU to do so on our behalf. Enforcement is an issue for national enforcement authorities, so at this point it is not appropriate for the EU to get involved, but if there were a failure of some sort with the French enforcement procedures or authorities, that would be a matter for the European Fisheries Control Agency.

[Eddie Hughes (Walsall North) (Con)]

Does the Minister believe that one way to solve this impasse might be for the French to lift restrictions on their own smaller boats fishing in this region?

[George Eustice]

Yes, my hon. Friend is absolutely right; that is an option. In the absence of being able to put back together the agreement for the over-15 metre boats, we have suggested to the French Government that they consider ending the current restrictions earlier than normal.

Bovine TB

George Eustice Excerpts

Thursday 13th September 2018 Written Statements

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I want to update the House on the implementation of the Government’s strategy to eradicate bovine TB in England by 2038.

Today the Animal and Plant Health Agency has published data showing there has been a drop in TB incidence in the first two cull areas, where the number of new confirmed breakdowns has dropped by around 50%. In Gloucestershire the incidence rate has dropped from 10.4% before culling began to 5.6% in the 12 months following the fourth cull, while in Somerset it has dropped from 24% to 12%.

Data on TB incidence in the next eight areas has also been published today although, as we anticipated, it is too early to see any impact on TB in those areas.

Bovine TB remains one of the greatest animal health threats to the UK and the Government are continuing to take strong action to eradicate the disease and protect the future of our dairy and beef industries. Today I am announcing further steps to enhance and strengthen our eradication strategy; opening a new round of applications to our badger vaccination grant scheme and issuing new licences for badger control in 2018.

Although it does not provide complete protection or cure infected animals (which continue to spread TB), badger vaccination has a role to play and three projects have received Government funding in 2018 to vaccinate badgers in the edge area of England. Therefore, applications for the “Badger Edge Vaccination Scheme” will be re-opened later this year, with grant funding available to private groups wishing to carry out badger vaccination in the edge area. Groups will receive at least 50% funding towards their eligible costs.

There is broad scientific consensus that badgers are implicated in the spread of TB to cattle. This year, following the effective licensed badger control operations in 2017, culling operations will take place across 39% of the high-risk area. This includes a further 10 new areas which have been licenced to undertake culling operations in 2018. 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.

In order to eradicate a pocket of infection in both cattle and badgers in the low-risk area, we have also licensed an area within Cumbria to undertake culling operations in 2018. Along with six-monthly cattle testing, movement restrictions and good biosecurity on farms this approach offers the best opportunity to deal quickly with this real and serious threat in the low-risk area.

To ensure we have a successful and resilient industry as the UK enters a new trading relationship with the world, we are determined to implement all available measures necessary to eradicate this devastating disease as quickly as possible. To aid this, a review, led by Professor Sir Charles Godfray, is looking at options to take the bTB strategy to the next phase and will report to Ministers by the end of September 2018. The findings will be published in due course along with information on next steps.

[HCWS963]

Dangerous Dogs Act: Staffordshire Bull Terriers

George Eustice Excerpts

Monday 16th July 2018 Westminster Hall

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

It is a pleasure to serve under your chairmanship, Mr Walker. I congratulate the hon. Member for Warrington North (Helen Jones) on the way she introduced the debate. The petition has attracted more than 160,000 signatures, which shows how strongly people feel about this issue. I understand that the petition was a reaction to a submission made by PETA to the ongoing inquiry on dangerous dogs by the EFRA Committee. Today, we have heard a number of quite powerful and detailed speeches, including from my hon. Friend the Member for Stafford (Jeremy Lefroy), who, appropriately, stood up for this breed, which hails from his part of the world. I, too, was very interested to hear the history of the Staffordshire bull terrier as a mascot for the Staffordshire Regiment and the fascinating story of the genesis of that.

I am sure that all hon. Members, including my hon. Friend the Member for Stafford and my hon. Friend the Member for Romford (Andrew Rosindell), who also gave a personal account of his love of this breed, will be pleased to know that the Government have no plans at all to add Staffordshire bull terriers, or any other type of dog, to the list of prohibited dogs. Staffordshire bull terriers are a popular breed in this country and have shown themselves to be a good family pet. Like any dog, they should be socialised at an early age and be properly trained to avoid behavioural problems, but for anyone thinking of taking on a dog, there is no reason why a Staffordshire bull terrier should not be considered. My noble Friend Lord Gardiner, who leads on this policy area, has given evidence to the EFRA Committee and confirmed that there is no intention to add further types of dog to the prohibited list.

The hon. Member for Kilmarnock and Loudoun (Alan Brown) suggested that it was disappointing that I am responding to the debate by virtue of the fact that the Minister responsible is a Lords Minister, but let me reassure him that I have been around DEFRA long enough to have had to go in to bat on most issues—indeed, I was the Minister responsible for companion animals and looked closely at this issue for about two years, and I will return to that point.

It should be noted that the Dangerous Dogs Act 1991 is not just about banned breeds. Section 3 makes it an offence to allow any dog to be dangerously out of control. That is the case for all dogs, regardless of breed or type. There are also other preventive measures, which I will mention later, that are applicable to all types of dog.

As the hon. Member for Warrington North and others pointed out, the genesis of the 1991 Act was as a reaction to a series of serious dog attacks at that time. The Act prohibits four types of fighting dog—types traditionally used for dog fighting—and those are the pit bull terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro. Of the four types, the pit bull terrier was by far the most popular. Indeed, pit bulls had been associated with a number of serious attacks on people, and it was decided to take action against their ownership. The other three types of dog were added primarily because it was considered that, having been identified as either fighting types or as sharing the characteristics of fighting dogs, they should be prohibited to prevent people from turning to them instead of the pit bull terrier. However, I am told that we have very few of the other three types in this country and none of the Fila Brasileiro type.

Adding dogs to the list of prohibited types would need to be done on the basis of proportionate risk of harm to people. Under the Act, it is an offence to breed from, sell or exchange the four breeds of dog. That approach is supported by the police. It should be noted—perhaps not enough people are aware of this—that the courts can already allow owners to keep prohibited dogs if they are not a danger to public safety. Account must be taken of the dog’s temperament and whether the intended keeper, who must have had substantial prior responsibility for the dog, is a fit and proper person, with premises suitable for the dog.

Those dogs are placed on the index of exempted dogs, which is managed by DEFRA. Currently, about 3,100 dogs are on the exempt list. They are predominantly pit bull terriers, but there are also about 10 Japanese Tosas and three of the Dogo Argentino type. For a dog to go on the index, certain conditions have to be met. The dog must be neutered. The owner has to maintain annual insurance against their dog injuring third parties. The owner has to pay an initial fee of £92.40. Dogs on the list also have to be microchipped, muzzled and on a lead in public, and they must be in the charge of someone who is at least 16 years old.

It should be noted that, when the provisions were initially brought forward in 1991, they were largely considered to be transitional arrangements. The idea was that dogs that existed in 1991 could remain on the exempt list for the rest of their lives, but those of us who are familiar with dogs and the lifespan of a typical dog will be aware that none of the dogs on the list today was alive in 1991; they are exclusively dogs that have been born since. The Government have chosen to keep that option as a way of managing this situation and enabling people to remain with their dog where it is appropriate to do so and where the courts judge that it is safe to do so.

As I said, in addition to the restrictions on certain fighting dogs, it is an offence under section 3 of the Act to allow any dog to be dangerously out of control. There are severe penalties for allowing a dog to be dangerously out of control; indeed, we increased the penalties in 2014 to three years for allowing a dog to attack an assistance dog, five years if a dog injures someone and 14 years if a dog kills someone.

A number of hon. Members have talked about “deed not breed”. I am well aware of that campaign, which is being run by a number of animal welfare charities. I understand the superficial attraction of that approach, but let me talk about the evidence that supports the Government’s position. We consider the prohibition on the four banned breeds to be a valuable tool in the battle against irresponsible ownership of dogs.

The prohibition on the pit bull terrier is supported by the Metropolitan police’s own figures, which show that in 2015-16, over 19% of dogs involved in reported attacks were pit bulls. That is quite extraordinary, given that this is a banned and illegal breed. Despite that fact and despite the fact that dogs on the exempt list must be muzzled in public, that breed still accounts for almost 20% of all reported attacks. We know also that pit bulls have been involved in seven of the 31 fatal attacks that have occurred since 2005. That is highly disproportionate for one type of dog that is banned, and it underlines the need to be cautious about change in this area. My hon. Friend the Member for Tiverton and Honiton (Neil Parish) acknowledged that, saying that to remove the restrictions would be a difficult decision for any Minister to take, knowing that, even with the ban, this breed of dog is responsible for so many attacks and that a subsequent increase in attacks may be inevitable. The issue is not just the reputational damage that a Minister might suffer, but that they would have to carry on their conscience attacks, injuries and deaths that might have been avoidable had a more cautious approach been taken.

[Gavin Robinson]

The Minister is making a good point, but is there a direct correlation between the attacks he outlined and dogs that are on the register? My fear is that the irresponsible owners of dogs that carry out attacks are not complying with the law, not muzzling their dog in public, and not part of an official register. They are outside the law and the deterrents are simply not strong enough.

[George Eustice]

The hon. Gentleman makes an important point. There are instances of attacks by dogs that are on the list, but were not muzzled in public, for example. I was aware during my time of pet dogs that were killed because people had failed to muzzle in public dogs that were on the exempt list. It is also the case, however, that the vast majority of attacks are carried out by dogs that are outside the system altogether. I do not think that gets us much further forward, because at the moment a dog that is not on the list is held illegally, and if the police come across that dog, they are able to get an order to have that dog destroyed.

[Gavin Robinson]

That is why we need robust sentencing and actual deterrence. A notorious family in my constituency of East Belfast has been before the courts on a number of occasions and convicted of dog fighting. The Chair of the Environment, Food and Rural Affairs Committee referred to this. They were convicted of dog fighting, badger baiting, stealing domestic cats to blood their dogs, having treadmills to train and strengthen their dogs, and using their dogs against live badgers, foxes and deer, to train them. All four members of the family were convicted and received a suspended sentence.

[George Eustice]

I very much agree with the hon. Gentleman. It is because of atrocious cases of the sort that he has described that I have always wanted the maximum sentence for the most egregious cruelty to animals to be raised. It is now Government policy to increase the maximum penalty to five years. We have always had in mind that activities such as dog fighting would be one of the key targets for that maximum penalty.

My hon. Friend the Member for Tiverton and Honiton and others talked about Battersea Dogs & Cats Home. Back in 2011—long before my hon. Friend’s recent visit—I went there with him as a member of the Environment, Food and Rural Affairs Committee. There was a similar case of a pit bull that had to be destroyed when the officers at Battersea thought that that animal could have been rehomed. I visited Battersea again about three years ago, when I held this portfolio, to discuss the matter with them. From memory, about 27 pit bulls had come in that year, all of which had to be destroyed under the current legislation, and more than 300 other dogs had come in, a significant proportion of which were judged to be not suitable for rehoming and also had to be destroyed. Given what we know about the breed, how often would a charity actually have the confidence to rehome a pit bull with a family? My hon. Friend said the science is not precise, and there is some truth in that, but there are police officers who are trained in typing, have expertise in this area and are actually quite good at ascertaining when a dog is a banned breed, particularly when it is a pit bull.

This is not the only area where we have what one might call breed-specific legislation. In the provisions around public rights of way, there are restrictions on farmers from having dairy breeds of cattle on a footpath at certain times of the year, because dairy breeds are judged to be more aggressive and more likely to attack people than beef breeds. We know that there is a link between the behaviour and temperament of cattle and breed. In my part of the world, we have breeds such as the South Devon, which is a very laid-back, west country breed, which is calm and docile. In Scotland, they have the Aberdeen Angus, which is a slightly more feisty animal. On the continent, there are some more unpredictable breeds.

There are other powers available to the police and local authorities to deal with this issue; the Dangerous Dogs Act is not the only resort. Both have the power to tackle antisocial behaviour with dogs and to intervene early to prevent a minor incident escalating into something more serious. For example, the Anti-social Behaviour, Crime and Policing Act 2014 introduced a range of measures to tackle antisocial behaviour, including that which involves dogs. This includes community protection notices, which aim to prevent unreasonable behaviour that is having a negative impact on the quality of life of the local community. These are being used to good effect by police and local authorities across England and Wales.

[Paul Girvan (South Antrim) (DUP)]

Many people report incidents, thinking they are acting in the best interest. The reaction, therefore, will be that a police officer or a council official will be asked to go along and lift a dog from a family home, because it has been identified as being a Staffordshire bull terrier. It might only be a very good family pet, but if some well-meaning individual in the community decides to do that, an officer will have to go in and identify whether it is a Staffordshire bull terrier. We have had the same legislation in Northern Ireland associated with American pit bulls and we have had all sorts of problems identifying what breed a dog is. I am a great believer in deed not breed. We should stop hounding those who have good pets that are not creating a problem, but deal with the ones that do.

[George Eustice]

To reiterate what I said earlier, the Government have no plans at all to add the Staffordshire bull terrier to the prohibited list. We have been clear about that in response to the e-petition. We have trained police officers who are skilled in identifying the breed and type of dogs, in particular the pit bull terrier, which is the main banned breed that we are concerned with.

In addition to the community protection notices, many forces use non-statutory letters and notices. Those can come in the form of “coming to notice” warning letters and voluntary acceptable behaviour contracts. The notices are simple to use and remove the need for a statutory notice or prosecution. The Government are also committed to public safety and to tackling dangerous dogs through communication and education. Co-operation between the police and local authorities is vital. That is why we have endorsed initiatives such as LEAD—the local environmental awareness on dogs scheme—which encourages the police and local authorities to co-operate and share information when there has been a minor incident, and to provide advice to the dog owner on dog control issues to improve public safety. We also support an increase in awareness at all levels of society, as the hon. Member for Workington (Sue Hayman) highlighted. We are aware that many police forces and welfare charities, such as the Dogs Trust, visit schools to help to raise awareness of responsible dog ownership, and we fully endorse that work.

As several hon. Members pointed out, we need to do more to ensure that dogs are properly socialised, whatever their breed. We have done a lot to tackle the online trading of dogs through our work with the pet advertising advisory group. Dogs that are advertised and sold online have often not been socialised or raised properly. We have also introduced new requirements on pet breeding, particularly dog breeding, and on the sale of dogs to tighten up the licensing regime for people who breed and sell puppies as pets.

We have had a good and thoughtful debate on this contentious issue. I do not pretend that the legislation is perfect, and I understand that some people consider elements of it arbitrary, but for the reasons that I have given, the Government do not believe there is a case for changing the legislation at this time. We believe that we can deal with some of those exceptional circumstances through the exempted index.

[Andrew Rosindell]

I thank the Minister for the assurance that Staffordshire bull terriers will not be added to that list, which will come as a great relief to Staffordshire bull terrier owners across the country. People like me who have owned Staffordshires know that they are fantastic, great British dogs that are not a danger to the general public.

The Minister says that he does not intend to change the legislation, but will he at least consider reviewing it to create a cross-party discussion about how we can move forward? The legislation is flawed, and if the Government say that it will never change, that will condemn many innocent dogs to death unnecessarily for a long time to come, which would be wrong.

[George Eustice]

I had thought we were going to finish on a note of consensus. We can all agree that the Staffordshire bull terrier should not be put on the banned list. The Government have been clear about that.

On my hon. Friend’s final point, the Government are not persuaded at the moment that there is a case for change. I discuss the issue regularly with Lord Gardiner and, as I said, it is complex. We recognise some of the arguments against the current provisions, but we also recognise the risks of deviating from the rules and laws that we have in place.

Oral Answers to Questions

George Eustice Excerpts

Thursday 12th July 2018 Commons Chamber

[Douglas Chapman (Dunfermline and West Fife) (SNP)]

1. What recent discussions he has had with the Secretary of State for International Trade on the export value of food and drink sector products with the protected geographical indication mark.

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I have regular discussions with the Secretary of State for International Trade and others on promoting the UK’s food and drink abroad, including those foods with geographical indications. Food and drink with GIs represents about 25% of UK food and drink exports by value, with Scotch whisky being the largest by far. Those play an important role as exemplars of quality British produce.

[Douglas Chapman]

I thank the Minister for that reply. Arbroath Smokies, Stornoway black pudding and Scotch whisky are all key products in maintaining a high profile for Scottish food and drink. When he comes to agree trade deals post Brexit, will he be consulting and involving the Scottish Government in these discussions to make sure that all brands are protected?

[George Eustice]

I simply say to the hon. Gentleman that we are clear that initially, through the European Union (Withdrawal) Act 2018, all of our protected food names will come across and be protected in UK law. We are absolutely committed to ensuring that we maintain all our protected food names, and we have some 70 right across the country. I know that some, particularly salmon and Scotch whisky, are incredibly important to Scotland, and of course we will be working with our devolved Administrations and with our MPs in this House to make sure we protect those foods.

[Douglas Ross (Moray) (Con)]

As well as working with the Scottish Government, does the Minister agree that the Scotch Whisky Association has done an incredible amount of work on this issue, which is hugely important for that industry? Will he give further assurance that he is working across government—not just in his Department, but with every Department—to ensure that everyone knows how important the GIs are?

[George Eustice]

Yes, and I would like to pay tribute to the work that the Scottish Conservative MPs have done to highlight these important issues. On Scotch whisky, we, along with the Department for International Trade, have done a lot of work with other Departments to ensure that we highlight the importance of these vital brands.

[John Mc Nally (Falkirk) (SNP)]

The Secretary of State was explicit that

“market access for fisheries products is separate to the question of fishing opportunities and access to waters.”

But what use are fishing opportunities and access to waters if your product risks being held up in customs? For industries such as the live shellfish industry of Orkney this is literally a life-and-death situation, for should one of these shellfish perish, the whole tank is lost. Has the Minister had conversations about the difficulty we may have in the near future?

[George Eustice]

I am not aware there is a precedent anywhere else in the world of giving a country access to your waters—to your own resources—in return for trade agreements. That is just not the way it works. There will be a discussion and an agreement on the management of shared fisheries stocks, and we are clear in our White Paper that we will manage our own exclusive economic zone and control access to it. Then there is a separate discussion to be had on trade, and the EU wants access to the UK market, too.

[Chris Davies (Brecon and Radnorshire) (Con)]

2. What steps he is taking to promote the planting of trees.

--- Later in debate ---

[Danielle Rowley (Midlothian) (Lab)]

11. What plans the Government have to maintain UK standards on food quality and safety in trade agreements concluded after the UK leaves the EU.

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

As a country, we are proud of our high food safety and animal welfare standards, and we have no intention of undermining our reputation for quality by lowering our food and animal welfare standards in pursuit of trade deals.

[Danielle Rowley]

The Government are demonstrating today that they are happy to roll out the red carpet for unpalatable arrivals from the US, so can the Minister confirm that the Prime Minister’s Chequers agreement means that we will hold a stronger line when it comes to rejecting chlorinated chicken imports?

[George Eustice]

The existing food safety provisions on issues such as chlorinated chicken will come across through the European Union (Withdrawal) Act 2018. We have always been clear that we will not water down our standards in pursuit of trade deals. The general approach is that if one is a guest in another country seeking to do business there, then one should adopt and abide by the customs and rules in those markets. That is what we do when we seek access to foreign markets, and that is what countries will have to do when they seek access to our markets.

--- Later in debate ---

[Fiona Bruce (Congleton) (Con)]

T3. What steps are the Government taking to help farmers and rural businesses in Cheshire to boost their productivity?

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

My hon. Friend raises a very important point. Earlier this year, we invited calls to a small grants scheme to promote farm productivity. It was over-subscribed, so we have put in an additional £7 million, making a total of £23 million. We intend to have additional calls later this year.

[Daniel Zeichner (Cambridge) (Lab)]

Yesterday, senior industry leaders were in Westminster as part of the Prince of Wales’s corporate leaders group, which is facilitated by the Cambridge-based Cambridge Institute for Sustainability Leadership. Industry will be key in tackling the environmental challenges of the future, but when will the Government acknowledge that far from being a burden, intelligent regulation is the key to environmental innovation?

--- Later in debate ---

[Ben Lake (Ceredigion) (PC)]

Diolch, Mr Speaker.

What consideration has the Secretary of State made of ways in which the UK Government might intervene to alleviate the pressures faced by farmers across Wales as a consequence of the recent dry weather, particularly the pressures on the already dwindling fodder reserves?

[George Eustice]

We will hold discussions with our colleagues in the devolved Administrations on those issues. Only a few months ago we sought and achieved a derogation from the EU linked to wet weather. I am now aware that in many parts of the country, including England and Wales, there are issues linked to dry weather, and we are considering seeking derogations from certain schemes to take account of that problem.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

T6. My right hon. Friend will be aware of the happy news that Finn’s law, the Animal Welfare (Service Animals) Bill, achieved its Second Reading last week. Once enacted, it will make it easier to convict people who attack police dogs and other service animals. The Secretary of State has consulted on increasing the sentence for such attacks to five years’ imprisonment. Is it possible to have an update on the timetable for that so that we know when we can expect it?

--- Later in debate ---

[Jeremy Lefroy (Stafford) (Con)]

What assessment has the Minister made of the impact of the current weather on farmers across the country, on future food prices, and particularly on the viability of small farms?

[George Eustice]

As I said earlier, there have been challenges with the dry weather, particularly for cereal crops that in some cases are having to be harvested early. There may be a knock-on impact on the availability of winter forage and straw, so we continue to monitor the situation closely. Farmers are used to weather events, which are a common feature of agriculture. Just a few months ago we had too much wet weather, and we now face problems with dry weather.

[Tom Pursglove (Corby) (Con)]

The plastics industry in Corby is not only a significant employer but it is keen to engage with the Government and try to identify solutions and innovate around the issue of non-recyclable plastics. What steps will the Government take to foster that engagement?

Agriculture and Fisheries Council

George Eustice Excerpts

Thursday 12th July 2018 Written Statements

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

The Agriculture and Fisheries Council will take place on 16 July in Brussels.

As the provisional agenda stands, the main agricultural item will be a presentation by the Commission on the common agricultural policy (CAP) post 2020, followed by an exchange of views. Council will discuss three regulations during this item: a regulation on CAP strategic plans; a regulation on financing, management and monitoring of the CAP; and a regulation on common market organisation of agricultural products.

There will also be a presentation by the presidency on its work programme.

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Uncontrolled Shark Fishing in the Atlantic

George Eustice Excerpts

Tuesday 3rd July 2018 Westminster Hall

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I congratulate my hon. Friend the Member for Aberdeen South (Ross Thomson) on securing this timely debate. I note that he has had a busy couple of days; earlier today he was in the Chamber introducing his ten-minute rule Bill on pet theft, and he was in the debate when I was in Westminster Hall yesterday.

This is an important debate. My hon. Friend is right that it is wrong to vilify sharks. The truth is that these are wonderful species, and the UK Government have always been a leading and vocal voice for the conservation and protection of our oceans and seas, and of sharks. Whether on fighting to protect whales and dolphins from commercial hunting, safeguarding the world’s coral reefs, or driving through new rules to tackle shark finning by requiring all sharks to be landed with their fins still naturally attached to their body, the UK has an impressive track record.

Sharks are one of the most iconic and captivating animals in our seas. They have been on our planet for at least 400 million years, making them one of the oldest vertebrate groups alive. They are a vital part of our ecosystem. They play an important role in maintaining marine biodiversity, and support the livelihoods of millions of people around the world. Yet sharks face a number of threats globally, from loss of habitat to climate change. However, as my hon. Friend pointed out—this is the focus of today’s debate—there is no bigger threat than that of unsustainable and poorly regulated fisheries. That is why the UK Government have continued to champion the conservation and management of sharks wherever they are fished.

We do not oppose the capture of sharks in commercial fisheries, but we want to ensure that those fisheries are sustainable, that trade is controlled and that effective conservation measures are in place. That is why the UK focuses its efforts within the international arena, driving forward global improvements through the regional fisheries management organisations, the convention on international trade in endangered species of wild fauna and flora, and the convention on the conservation of migratory species of wild animals.

Data on global catches of sharks is poor, meaning that we simply do not know enough about the magnitude of fishing. It is estimated that between 63 million and 273 million sharks are killed each year in the world’s commercial fisheries. In 2014, the UN Food and Agriculture Organisation reported that, on average, 520,000 tonnes of sharks are landed globally each year, but some experts believe that landings could be three to four times higher.

Looking closer to home, EU member state vessels are responsible for a significant proportion of the catch of pelagic sharks globally each year, mainly blue shark and the shortfin mako shark taken in the high seas. The majority of those are taken by longliners targeting tuna and swordfish in the Atlantic ocean. Although not their target catch, those species represent an important and profitable by-catch to those industries.

The UK is not a big player in those fisheries at all. We have a very small longline fishing fleet operating in the Atlantic ocean that, in 2016, represented less than 1% of the total catch of the sharks. However, that does not stop us having a voice in the matter. We are a strong and vocal proponent for bringing an end to uncontrolled shark fishing thorough the establishment of scientifically justified catch limits, which are essential in preventing overfishing and avoiding stock collapse.

I want to say a little about the regional fisheries management organisations, because it is through these RFMOs that we are trying to introduce catch limits. One of the most important RFMOs operating in the Atlantic ocean is the International Commission for the Conservation of Atlantic Tunas. Over recent years we have worked very closely with both the EU and civil society organisations to ensure that a strong position is adopted in ICCAT. That has been challenging at times, given that several EU member states are major shark catchers in the region. However, in 2016 we were finally successful in driving through an unprecedented change that established catch limits for the north Atlantic blue shark stock. That was a milestone in managing shark fisheries in the high seas, and set a strong and important precedent. We are now working hard to extend that measure to the southern stock, where there remains some resistance.

At the most recent meeting of ICCAT in November 2017, we were again successful in increasing protection for sharks. Although we managed to persuade the EU to propose a limit on catches for shortfin mako—one of the species mentioned by my hon. Friend—sadly its adoption was eventually blocked by other parties. However, we did not give up. Instead, we helped to secure a compromise, introducing new rules requiring any live shortfin mako caught from the northern stock to be returned unharmed. Again, that represents an important step forward in strengthening the protection of sharks within the RFMOs, but there is much further to go, particularly when it comes to the shortfin mako, and we will not give up our position in future meetings.

We also continue to build pressure to adopt a “fins naturally attached” approach, with no exceptions, following our success to secure the adoption of that policy within the EU. As my hon. Friend the Member for Aberdeen South pointed out, one of the most shameful practices is that of cutting the fins off a shark before tossing the live shark back into the water. We have now secured almost globally the position that that is illegal. The difficulty is often around enforcement. The position that the UK has advocated for many years now, with some success, is requiring fins to be landed with the sharks so that there can be no doubt that the practice has not taken place.

We will keep working with civil society organisations to develop that policy further. My hon. Friend mentioned the work of some organisations in this area, notably the Shark Trust. I pay tribute to its work. In 2014 it launched its “No Limits? No Future!” campaign and report. I attended the launch, a year into being in post as Minister. It has continued to make the case for shark conservation and we have continued to support it. We will also continue to work with other EU member states, even after we have left the EU, and with other contracting parties, to build on our successes to date and to press home our sustainability principles, and not just within ICCAT but in all the other RFMOs where we have a presence, notably the Indian Ocean Tuna Commission—we are an active participant by virtue of our Indian ocean territories.

Looking at the wider picture, there is more to shark protection than just high seas management through the RFMOs. We need to look at some of the wider environmental implications. At the start of this year the Government published our 25-year environment plan, which sets a clear commitment to future sustainable fisheries management and our marine environment. Domestic fisheries policy provides an important framework for the protection and management of a number of commercially important shark species. The current common fisheries policy includes landing prohibitions for angel shark, basking shark, white shark, spurdog and porbeagle shark. As we consider future fisheries policy on leaving the European Union, I give the undertaking that we will continue to argue for fishing within sustainable limits and promote the protection of vulnerable shark species.

There are other regional agreements, such as the convention on migratory species and OSPAR, that provide important platforms for co-ordinated conservation action. The UK continues to support efforts within those forums to implement protection that complements fisheries management within the RFMOs. For example, in 2017 the UK was instrumental in securing the listing of blue shark, dusky shark and angel shark on the CMS.

Of course, the final part of the puzzle is trade. Demand for shark products can drive unsustainable practices, which is why we are an active participant in CITES and will continue to be after leaving the EU. On leaving the EU, the UK will become a member of all those organisations and will be able to build coalitions of the willing in its own right. At the previous two CITES meetings in 2013 and 2016, the UK was heavily involved in successfully securing stricter trade measures for shark, including for oceanic whitetip shark, hammerhead shark, thresher shark and porbeagle shark. The UK Government are also fully committed to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. That is why we are committed to a new UN treaty, negotiations on which will commence in September.

Good ocean governance is vital, not only for conservation, but to ensure that the UK benefits from the blue economy. The Foreign Secretary announced that the UK Government will develop an international oceans strategy to ensure that all parts of the Government work together to deliver effective conservation and sustainable economic growth.

Looking ahead to our departure from the European Union—these days, no debate on Department for Environment, Food and Rural Affairs issues is complete without considering the impact of leaving the European Union—there is a great deal that we can be proud of in what we have achieved to date. The UK has been absolutely at the forefront of promoting improved regulation of shark fishing, both in the Atlantic and beyond, and we will continue to do that. We currently play a leading role in shaping the European Union’s approach, but there are some countries that have commercial interests in shark fishing, and that can often blunt our approach, because we have to sign up to a collective EU position.

There is still much more that we can do to end uncontrolled fishing on the high seas. Our exit from the EU, while not dispensing with the need to build coalitions with EU countries, will enable us to build coalitions with other countries, to project our voice in other parts of the world where we have overseas territories and marine protected areas, and to ensure that we can still continue to deliver wildlife conservation and the conservation of sharks.

This has been a fascinating debate. My hon. Friend has raised an important issue that is not debated enough in Parliament. I hope that I have been able to reassure him that the Government take such issues very seriously and are world leaders in promoting shark conservation.

Question put and agreed to.

Agriculture and Fisheries Council

George Eustice Excerpts

Tuesday 3rd July 2018 Written Statements

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

The Agriculture and Fisheries Council took place in Luxembourg on 18 June. I represented the UK.

The main focus of the Council was fisheries items. The most substantive of these was a presentation by the European Commission on the implementation of the common fisheries policy (CFP). Commissioner Vella outlined the main aims for 2019: reaching maximum sustainable yield targets, fully meeting the landing obligation, and implementing the Baltic and North Sea multi-annual plans (MAPs). There was an exchange of views among member states. The UK reiterated its commitment to the landing obligation and spoke of the need for pragmatic solutions to prevent choke problems in 2019.

The Netherlands gave a presentation to highlight a recent report from the International Council for the Exploration of the Sea (ICES) about pulse beam trawling. Member states agreed that more research was needed. The UK drew attention to original research being carried out by the Centre for Environment, Fisheries, and Aquaculture Science (CEFAS), whose report is due in 2019.

There was a presentation by the Commission on a new proposal revising the control regulation. The presentation raised the possibility of increased electronic reporting and satellite control as well as greater oversight of the recreational fishing sector. Member states voiced concerns about the practicalities and costs of these changes, especially the introduction of CCTV.

The Commission also gave a presentation on a regulation on the European maritime and fisheries fund (EMFF), covering the period 2021-27, outlining its intention to give member states more flexibility in managing the fund. Member states welcomed the offer of greater flexibility but requested further discussion about the fund’s budget and administration.

The most substantive item for agriculture was a presentation by the Commission on reforms of the common agricultural policy after 2020. Member states expressed a range of views, with some of them concerned about planned budgetary cuts. Member states agreed on the importance of achieving real simplification. The Commission signalled further discussion on this topic and welcomed further constructive recommendations from member states.

The Commission also gave an update on the agricultural market situation, giving a generally positive assessment of the health of EU markets.

Six further items were discussed under “any other business”:

the Slovenian delegation gave a presentation on their UN initiative “World Bee Day”;

the Polish delegation presented on the situation in the pig meat market;

the French delegation presented on the disposal of skimmed milk powder stocks;

the Cyprus delegation gave information about the decreasing availability of water for agriculture in Cyprus;

the Spanish delegation provided information about anti-subsidy and anti-dumping duties against Spanish table olives by the US authorities;

the Hungarian delegation delivered a joint declaration of the Visegrad, Baltic, and Balkan member states about a shared initiative in agriculture, forestry, and aquaculture research, “BIOEAST”.

Until the UK leaves the European Union, the UK remains a full member of the EU and all the rights and obligations of EU membership remain in force. The outcome of our negotiations with the EU on the future partnership will determine what arrangements apply in relation to EU legislation in future.

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