Fisheries Bill [HL]

Debate between Lord Gardiner of Kimble and Lord Stevenson of Balmacara

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

[Lord Stevenson of Balmacara (Lab)]

My Lords, this has been a very interesting discussion—a counterpart to the discussion on the first group, where we failed to agree. This had a lot more agreement, though there are drafting issues that need to be addressed in the Bill if we are fully to realise the sorts of changes that are in everybody’s minds as we approach this opportunity, as my noble friend Lord Grocott described it, to improve what we do in relation to our fishing and fishing resources, as we have been trying to do for some time. I point out to him that, although it is nice that he is happy and feels joyful about this debate, the real test will be whether we end up with something different from a simple rehash of the existing common fisheries policy. That test is now ahead of us as we begin to drill down into the particularities of the Bill.

I will speak to Amendment 8 in the name of my noble friend Lord Grantchester, who we did not think would be here in time to speak but luckily has appeared—almost in time; he will take over from me as we go through the Bill—and Amendment 9, tabled by my noble friend Lady Jones of Whitchurch. Amendment 8 is a probing amendment to ask the Government to specify more clearly what “economically viable” means in practice under the Bill and how it might be applied, and to gain a clearer understanding of the relative importance of viability compared with sustainability, which has been the theme of most of the contributions so far.

Amendment 9 targets the same sustainability objective and seeks to bring the term “maximum sustainable yield” into the Bill. At present the Government favour a phrase which we do not think has quite caught the essence of what we are trying to do about overexploitation of marine stocks and which seems to offer less clarity than the forward-looking point made by just about all noble Lords: there will be no fishing unless we have a sustainable stock on which to operate.

All noble Lords agree there has to be a vibrant fishing industry. It is part of our heritage as an island nation and, as we will discuss during the Bill’s passage, our catch both helps feed people here and is sold abroad to others who want to buy these products. As the Minister said in his opening statement, we are talking about a highly organised industry. Hard-working fishers being fairly rewarded for their work at sea is important. It is a very physically demanding and often dangerous job, and they have to endure long periods of separation from their loved ones. They should be remunerated accordingly. The economics of the industry must be geared to ensure that there is something there for everybody, not just the fishers; the ports and processing plants need to make their fair share. This is important if we are to encourage them to contribute to the climate change objective—something that will be the focus of subsequent debates but has already been raised.

While we want a viable fishing fleet for many years to come, we have been in meetings with outside groups that feel that the current wording of the Bill may allow the economic to trump the environmental, particularly, as I have already said, as it refers to overexploitation rather than maximum sustainable yield. If that were to be the case, ironically, we would find ourselves in no better position than we are under the common fisheries policy. It would make this Bill a missed opportunity to put sustainability front and centre of the new approach. There is enough support around the Committee to suggest that the Minister might want to look at this carefully when he responds.

I am aware that the Minister has met many Members of your Lordships’ House and has made time to discuss amendments. I understand that these discussions have been valuable, and I hope that he will be able to offer the same reassurance to others who wish to join the debate now and in the future. I hope that when the Minister responds, he will confirm what he envisages happening if the second part of the sustainability objective cannot, despite the best endeavours of the fisheries authorities, be met. Would boats be allowed to overexploit stocks to ensure their viability? If not, what options would the Government or the devolved Administrations have available if they wanted to step in? This is a tricky balancing act. It is certainly not easy, and I know the Minister appreciates that and takes it seriously. I look forward to him providing further detail on the Government’s approach.

[Lord Gardiner of Kimble]

My Lords, at Second Reading I made it clear that sustainability is at the heart of the Bill, so I am pleased that one of the first discussions we are having in Committee relates to this area of utmost importance. As the noble Lord, Lord Stevenson of Balmacara, said, this work involves balance. Balance is necessary in these matters and is why our work with the devolved Administrations has been so valuable but intricate.

The Government’s view and that from our discussions with the devolved Administrations is that sustainability is often considered a three-legged stool, consisting of environmental, social and economic factors. To achieve the true sustainability of a healthy environment, thriving communities and a vibrant industry, it is important that a balance exists between them. That is a point that, in the wrestling of this, was referred to by the noble Lord, Lord Stevenson. They are also not mutually exclusive. For instance, if fish stocks are managed at sustainable levels, the stocks are protected into the future, while allowing the fishing industry to remain profitable and able to provide benefits to coastal communities and beyond. That point was referred to by the noble Lord, Lord Cameron of Dillington, and my noble friend Lord Caithness.

The fisheries objectives in the Bill work together to set out the core principles to achieve a successful and sustainable fisheries management regime, with the joint fisheries statement setting out the policies that will contribute to achieving our objectives. While I therefore fully support the aim—and I emphasise aim—of Amendment 2, which seeks to ensure that socio- economics are included within the fisheries objectives, I believe it is unnecessary and will explain why.

The sustainability objective currently sets out a requirement in the Bill that fish and aquaculture activities are

“managed so as to achieve economic, social and employment benefits”.

The Bill includes a number of objectives relating to environmental sustainability, while also recognising the need to take into account socioeconomic issues. Given that, in response to Amendment 6, I should like to set out in more detail what we aim to achieve by seeking a balanced approach to the objectives set out in Clause 1. I also understand that Amendment 10 in this group further seeks to change the Bill in the context of Amendment 6.

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[Lord Gardiner of Kimble]

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

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

[Lord Stevenson of Balmacara]

To follow up on what the noble Baroness has said, we understand the delicacy of the situation and that considerable discussion has preceded the Bill we are debating today. I wonder whether she has a point: if it is already all sewn up and too difficult to change, what is the point? Will the Minister reassure us that this amendment is not just being turned down because it would be too difficult? The mood of the House seems to be that this is worthy of further consideration, if not necessarily being voted through.

[Lord Gardiner of Kimble]

No, my Lords. Obviously, I recognise that the noble Lords who have spoken feel particularly strongly about environmental sustainability. I have argued, what the Government feel is a compelling case, that sustainability is a balance. Therefore, the package we are bringing forward has been worked on not with one devolved Administration, but with all of them.

It has always been the point that noble Lords need to make a compelling case in all matters. The Government and the devolved Administrations have worked on this, mindful of observations made during the period of, let us say, the Fisheries Bills. That is how I would describe it; it is important we have these considerations. I have been clear—as when I referred to the UN—that sustainability has a range of points to it, and that is what I have been seeking to describe.

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[Baroness Worthington]

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

[Lord Stevenson of Balmacara]

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

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

[Lord Gardiner of Kimble]

I will conclude on this, otherwise the “Ah, buts” will lose the force of the sustainability point of this debate. It is clear, I believe—as I always have—that the House and your Lordships need to make a compelling case, which a government Minister will always want to listen to. If a compelling case is made, as I have said previously, my answer will be, “Gosh, I wish we’d thought of that.” I emphasise that the Bill has been considered over a very long time. We have one go at this Bill and there have been a lot of representations. It has gone through a mincer in a way that most other Bills do not. Given our very close connections and our responsibilities, and given that fishing is devolved, we have worked collaboratively and positively with the devolved Administrations. I emphasise to the noble Baroness, Lady Worthington, that I do not use that as an excuse. It is a statement of fact that we are legislating on behalf of all parts of the kingdom. That is really what I wish to say at this point.