Fisheries Bill [HL]

Lord Mackay of Clashfern Excerpts

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

[Lord Mackay of Clashfern (Con)]

My Lords, I begin by associating myself with what the Minister said about the dangers encountered by those who go to sea, especially those who go fishing. In my connection with Trinity House, I come across some of these from time to time.

My first connection with the common fisheries policy was shortly after I became Lord Advocate in 1979, when a number of cases were brought by the Commission against the decisions of the previous Government. In accordance with the proper practice, the new Government found themselves defending these decisions. The decisions had been referred to one of the leading silks of the day, Tom Bingham, who ultimately became Lord Chief Justice, a senior Law Lord and a very distinguished judge. I did not know it at the time, but he had advised the Attorney-General that none of these would succeed; in other words, that in every case, the defence would fail. In pursuance of his policies in relation to the appointment of the judiciary, shortly after that the Lord Chancellor appointed Tom Bingham as a judge, and therefore he was no longer available to defend the cases. I was appointed to defend these cases and, sure enough, Lord Bingham’s prophecy was fulfilled to the letter. I was glad afterwards to know that he had advised that before I had begun at all.

One of the last of the cases was an extraordinary case about the common fisheries policy’s application to the waters around the Isle of Man. It showed me that the provisions of the common fisheries policy did not come naturally to the Government of the United Kingdom as something to be observed in every detail. As time has gone on under that policy, that hesitation has been demonstrated as growing. Anyhow, we are to come out of the common fisheries policy soon and the question is: what will replace it? As has been said, that is really what makes the picture in this Bill. Until we know that, it is very difficult to know exactly what will happen. Of course, it is right to be prepared for what will happen, whatever it be, and we need a structure to replace the common fisheries policy.

I agree with a good deal of what has been said already about the law, and I will not repeat it. I want to say one thing on what the noble Baroness said about legal enforcement of the policy statements mentioned at the beginning. I rather think it is implied that the policies to be adopted are to be in accordance with these objectives. Precise legal provisions may not be needed to require that, but I certainly think it is implied at present.

Clause 12 appears to require that fishing in the territory of the United Kingdom should require a licence. It is a very reasonable requirement for every fishing boat to have a licence. But the clause specifies that not only will fishing boats be required to hold a licence but that they must be in accordance with international law and international agreements to which the UK is a party. I can see the force of that, but I do not see how that kind of thing would be decided in a discussion on the high seas. Take the territorial waters of the North Sea: the enforcing boat might come along and the skipper of the fishing boat could say, “I’m here for a purpose recognised by international law.” Can you imagine how that would be resolved? Alternatively, they might say, “I’m here by virtue of an agreement or arrangement to which the United Kingdom is a party.” I do not know how well equipped the fisheries protection vessels will be, but I imagine that they may be hard put to test that kind of thing. I would have thought it might be wiser to require that, if a boat is coming on that account, it gets a licence before it comes. I am sure it would be much easier for the enforcing authority to look at a licence than to try to find out what international law was defending the incoming fishing boat.

Although not dealt with in this Bill, the arrangements for selling the products of the sea to Europe are extremely important. That is certainly true in some parts of Scotland, particularly the north-west, where I happen to know the ports of Kinlochbervie and Lochinver, which lie on each side of the distinction between my title and that of my noble friend, the chief of my clan. Lochinver and Kinlochbervie are both quite small, but they attract a great deal of seafood, which is sent by road to many parts of Europe. These small communities very much depend upon that. Therefore, the last thing I would like to see is that kind of arrangement being damaged in the result. I mention that not as part of the Bill, but as part of the negotiations, which will be, without any doubt, difficult to conclude satisfactorily. One can see the desire of the European nations to get what they can out of it, and we must be careful about that.

I strongly support what was said by the noble and learned Lord, Lord Thomas, about the involvement of the devolved Administrations. Without getting into too much detail, I have to say that that could be pretty difficult if the fundamental policy of the devolved Administration is not in accordance with the present situation. One can see the difficulty of that, and I hope that what my noble friend said in opening will be true: that the co-operation of the devolved Administrations in working out the detail of this will be forthcoming and helpful.