Fisheries Bill [HL]

Lord Dunlop Excerpts

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

[Lord Dunlop (Con)]

My Lords, it is a pleasure to follow the noble Viscount and to support the Bill, which enables the UK to be, in the Prime Minister’s words,

“an independent coastal state from the end of this year, controlling our own waters”.

While the Bill is not directly about the negotiations to come with the EU, it provides the legal framework for the future of fisheries management and is therefore inextricably linked.

I want to focus my remarks on the importance of the Bill to Scotland, which has already been mentioned on several occasions. After seeing their interests subordinated in the 1970s to other priorities in the UK’s negotiations to enter the Common Market, it is understandable that fishing communities are nervous of the same thing happening again as we exit. That is why the National Federation of Fishermen’s Organisations welcomed the Prime Minister’s speech on 3 February, in which he reiterated his commitment that:

“There would be annual negotiations with the EU, using the latest scientific data, ensuring British fishing grounds are first and foremost for British boats.”


This is a promise that must be kept—a promise that has particular significance for Scotland.

Scottish boats in 2018 were responsible for 64% by volume and 58% by value of all UK landings. While fishing makes a relatively small contribution to our overall GDP, it is disproportionately important for often fragile coastal communities. For example, fishing is a significant part of the local economies of the Western Isles and Shetland. According to the Scottish Fishermen’s Federation, more fish are landed in Shetland alone than in the whole of England, Wales and Northern Ireland. Also, Scottish towns such as Peterhead—which invested £45 million to create one of the largest and most modern fish markets in Europe—are heavily reliant on fishing.

Let us not forget the political significance of fishing for the union. A majority of Scots need convincing about the benefits of leaving the EU, and fishing is an area where the potential benefits are perhaps most immediately apparent and where the UK Government can demonstrate they are delivering for Scotland.

The Scottish Fishermen’s Federation has described the move to independent coastal status as offering a “sea of opportunity”, and it is hard to disagree. As a member of the EU, the UK was allocated around 40% of total allowable catch in UK waters. For the purposes of comparison, the equivalent figure for Norway is around 85% and for Iceland 95%. Moreover, EU quotas are based on historical fishing patterns established nearly 30 years ago. They take no account, for example, of the impact of climate change, which has seen stocks of fish such as cod, hake and tuna moving further north.

It is sobering to consider the combined impact of the CFP on a place such as the Western Isles since the UK joined the EU: the number of vessels has reduced by one-fifth; the number of fishermen has fallen by nearly one-third. So, Western Isles fishermen are already looking to secure fresh opportunities. To take one small example, seasonal bluefin tuna are found increasingly in UK waters—and it is a valuable fish. So, the Western Isles see an opportunity to develop its own rod and line fishery, strengthening its tourist offering and increasing local economic resilience.

Currently there is no UK quota for tuna and the UK, as an EU member, has not had its own seat at the International Commission for the Conservation of Atlantic Tunas. The prize in prospect is clear: to increase the quota opportunities and to ensure that they are spread more widely and fairly, playing a part in coastal community regeneration. I hope the licensing regime encourages new entrants and avoids additional fishing opportunities becoming overly concentrated in a few hands. I hope the Minister will address this issue when he winds up.

It is of course self-defeating to create new fishing opportunities for British boats without access to markets. The EU proposes that provisions for fisheries should

“build on existing reciprocal access conditions, quota shares and the traditional activity of the European Union fleet.”

However, access to waters is not the same as access to markets. The UK is party to the UN Convention on the Law of the Sea and, according to the excellent House of Lords briefing:

“Coastal states have exclusive rights to the natural resources, including fish, in their exclusive economic zone.”


The UK should therefore have the opportunity to negotiate annually reciprocal water access with Norway, the Faroe Islands, the EU and others. After all, this is how Norway, a member of the European Economic Area, negotiates with the EU and how the EU negotiates with every other third country. We should move on from quotas based on historical patterns to zonal attachment, calculating shares using best science of where fish are today, not where they were 30 to 40 years ago.

None of this means that EU vessels should or will be denied access to our waters, but relative opportunities need to be more balanced and managed over time—not least to allow the EU fleet a period of adjustment to avoid dislocation and to give our fishing industry time to expand its onshore infrastructure to cope with new opportunities.

When it comes to market access, trade in fishing products is not a zero-sum game. The EU exports as much fish to the UK as it imports from the UK: over £1 billion of trade in each direction. It must surely be in the interests of both parties to avoid restrictions on trade or the introduction of tariffs.

My final point concerns devolution, which is an important aspect of the Bill. Our withdrawal from the EU has often strained relations between the UK Government and the devolved Administrations. However, the discussions among the Administrations about fishing are an example of best practice. As the Law Society of Scotland’s Bill briefing says:

“We welcome the recognition given by Defra of the importance of engaging with the devolved administrations and legislatures and the collaborative approach taken by the Bill.”


This is reflected in the arrangements in the Bill for a joint fisheries statement and for individual fisheries management plans. The provisions in Clauses 14 and 16 that require UK Ministers to secure the consent of devolved Ministers in exercising their licence regulation-making powers are also examples of a collaborative approach.

Clause 23, which has been mentioned, gives the Secretary of State a power to set

“the maximum quantity of sea fish that may be caught by British fishing boats”

and

“the maximum number of days that British fishing boats may spend at sea.”

When making a determination under Clause 23, the Secretary of State is under an obligation via Clause 24 to consult the devolved Administrations, but their consent is not required. This seems to strike the right balance. International relations are a reserved matter and the UK has responsibility to establish quotas for the purpose of complying with an international obligation of the UK to determine fishing opportunities. How quota is then allocated within the UK is governed by a well-established concordat agreed in 2012 between the UK Government and the devolved Administrations. This appears to work well.

In conclusion, I welcome the Bill. It paves the way for new economic opportunities. It will improve fisheries management, making it more sustainable and environmentally friendly. In the negotiations to come, the UK Government must stand firm and the United Kingdom’s status as a normal independent coastal state should be non-negotiable.