Fisheries Bill [HL]

Debate between Lord Mackay of Clashfern and Baroness Byford

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Baroness Byford (Con)]

My Lords, I looked at this very carefully as it is a fairly concise amendment. I picked up on the three words—and indeed, the noble Lord, Lord Cameron, has kindly enlarged and reflected upon them—“any public authority”. That, to me, is huge, as there are so many different aspects of public authority. It goes on to say

“having any function relating to fish and aquaculture activities … must exercise its functions in order to achieve the fisheries objectives.”

I have no disagreement with the noble Lord, or indeed with other Members who have spoken on the need for sustainability; that is, I hope, accepted around this Chamber. But I was a little alarmed. I started noting down county councils, local councils, borough councils, police and all sorts of different authorities. I wonder whether the noble Lord would consider slightly narrowing his expression. Knowing the immense pressures on so many of these authorities at this time, I wonder if it is not a step too far. While I accept in principle the thrust of what he is trying to do, I think that referring to “Any public authority” having “any function” is too open-ended and goes a bit too far.

[Lord Mackay of Clashfern (Con)]

My Lords, I see the need for something like the amendment tabled by the noble Lord, Lord Cameron, but I find it difficult to believe that any public authority will necessarily have the power to

“exercise its functions in order to achieve the fisheries objectives.”

Is an authority supposed to cover all of them, part of them, or what? I cannot see how that can work, where there are different authorities, some of which have a marginal connection with fisheries and aquaculture—such as the enforcement authorities, for example. I have tried, in a later amendment, to approach this subject in requiring the plans to set out how they have integrated the fisheries objectives.

European Union (Withdrawal) Bill

Debate between Lord Mackay of Clashfern and Baroness Byford

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, the subject of animals is an extremely important one and I have great sympathy with the spirit behind both the amendments in this group. However, this subject needs to be properly dealt with in a statute of the United Kingdom. I know that criticism has been made of the attempts so far, but there is always room for improvement, and constructive suggestions have been liberally made in the consultations. As far as I am concerned, it would be much better to have a good United Kingdom statute for these animals than to try to do it through adapting part of an EU treaty.

The technical question of judicial review is quite difficult. I am not sure just how crucial it is to the amendment from the noble Lord, Lord Trees, but, years back, skilful Lords of Appeal—Lord Reid, a Scottish judge, and Lord Wilberforce from this jurisdiction—developed a theory that makes it next to impossible to prevent judicial review in an Act of Parliament. They did so by saying that what Parliament has protected is the judgment that is supposed to be come to, but, if the judgment that is come to has been falsified by some mistake or lack of proper process, then it is not a judgment protected by these provisions—Anisminic was the case. As was said by the noble and learned Lords, Lord Hope and Lord Judge, at the end of a long process, the attempt to restrict judicial review was eventually torpedoed by these judges, with support of course. It is for that reason that the Government decided some considerable time ago not to put such protected clauses into legislation, because it is apt to mislead the public—they think that these clauses are, at face value, worth while, but when Lord Reid and Lord Wilberforce got on to them, they were not worth the paper they were written on.

[Baroness Byford (Con)]

My Lords, I will speak briefly to these amendments. I am one of perhaps three or four people in the Chamber today who took through the original Animal Welfare Act 2006, so I am supportive of anything we can do to make sure that animal welfare is top of the agenda. As an associate member of the BVA and the royal college, and as somebody who has had animals on the farm, this is a key interest of mine.

I have talked often with the noble Lord, Lord Trees, about the fact that although I am 100% behind what he is trying to do, I am not sure in my mind that this amendment is the right vehicle. I apologise if that is a disappointment to him. I am grateful for the observations of the noble and learned Lords, which were above the understanding I had before the debate started. It is very clear that the Government have tried to rectify a problem that was raised in the House of Commons by bringing forward a draft Bill. I think they realise, in hindsight, that that Bill is not sufficient to do what they wish it to. As others have said, it is quite difficult to deal with this on Report because we have to wait and then we cannot come back. However, I am hopeful that the Minister will be able to give us much greater clarification than we have had up to now as to the Government’s thinking about where we stand. While we are not fully behind the wording of the amendment, I hope no one thinks that we in any way do not believe in the full commitment we should have to animal welfare. Although I have no idea what the Minister is going to say, I hope he will bring us up to date on where we are and what the Government’s thinking is.

I say to my good friend the noble Lord, Lord Trees, and others that I am grateful to them for bringing forward this amendment. It has given the House another chance to reflect on an issue that some people might think is not important but which, I say to my noble friend the Minister, is hugely important. I hope his words will give greater resolve to those of us who wish to see this welfare issue taken forward in a meaningful way.