EU: Fishing Industry Negotiations

Debate between Lord Mackay of Clashfern and Lord Gardiner of Kimble

Thursday 4th March 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

[Inaudible.] The noble Lord, Lord Frost, and other Ministers and officials were in close touch with the fishing interests. The trade co-operation agreement has made some progress, increasing quota, ensuring regulatory autonomy and no tariffs, and controlling access to fish in our waters.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, have the difficulties been resolved with the health of shellfish being sent to Europe and with sending Scottish seafood to the EU, particularly in respect of consignments made up from more than one source?

[Lord Gardiner of Kimble (Con) [V]]

My Lords, there is an overall improvement in the situation, but we all agree that more work needs to be done. That is why Defra has invited exporters to in-depth workshops, 11 of them in the past few weeks, on issues including export health certificates. We are also working closely with the Scottish Government, Food Standards Scotland and other government departments to learn from the establishment and operation of existing hubs in Scotland. Although the situation is improving, we in Defra and other government bodies are doing considerable work.

Fisheries Bill [HL]

Debate between Lord Mackay of Clashfern and Lord Gardiner of Kimble

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 22nd June 2020 Lords Chamber

[Lord Mackay of Clashfern (Con) [V]]

My Lords, this proposal’s reference to “the United Kingdom” requires consideration, given the matters that arise in connection to it from devolution. It is true that fisheries are devolved, and so in respect of rights of the United Kingdom and fish, these will be devolved. It is therefore quite important that the role of the devolved Administrations is kept in view, as is recognised in later clauses in the Bill.

The other point I was slightly doubtful about is that of quotas being owned by the public, or the nation. When the quota is granted, the rights of the quota will belong to the person to whom it was granted. I should have thought that that would mean an innovation to the rights of the public in respect of the quota, once it is granted. To me, it seems clear that the public own the fish stocks in our waters, but it is quite important to recognise the devolution settlements in that connection.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am grateful the noble Lord for his amendment and to all noble Lords who have taken part in the debate.

As noble Lords will be aware, the United Nations Convention on the Law of the Sea—UNCLOS—establishes that the UK has sovereign rights to manage the marine resources within our exclusive economic zone. This includes fish. I am very glad of the intervention from my noble and learned friend Lord Mackay of Clashfern, and those from my noble friends Lord Caithness, Lady McIntosh and Lord Randall. The Government are clear that there is a public right to these fish. Indeed, lawyers have advised me that UK case law recognises that fish are a public asset, held by the Crown for the benefit of the public. Legally, it is clear that no one individual can own the actual fish. As this fact is already well established in law, I suggest that an amendment to this Bill would not deliver any new clarity on the matter.

It is therefore important to say on the catching rights for those fish that, as noble Lords will be aware, most UK fishing opportunities are managed through fixed quota allocation—FQA—units. These units are based on historic fishing patterns and allow their holders to receive a proportion of the quota for a given stock. However, I emphasise that FQA units do not guarantee that the holder will receive a certain amount of, or even any, quota in these stocks each year. For example, scientific advice about a given stock may recommend that the total allowable catch—TAC—is set at zero. Where a TAC is set at zero, no quota will be allocated to FQA unit holders in that stock, no matter how many FQA units they hold.

As my noble and learned friend Lord Mackay of Clashfern said, FQA units have been held by the High Court to be a form of property right. FQA holders do not own the fish in the sea but the FQA units that they hold entitle them to a share of whatever quota is available in a particular year. They do not confer a permanent right to quota but the Government’s current position is to maintain the FQA system, which has provided certainty to the industry for many years. This does not mean that the Government do not keep quota allocation under review. In fact, in 2012, the Government realigned some FQA units from the producer organisations to the under-10-metre pool.

I should say to the noble Lord, Lord Teverson, that I am advised that there may be some drafting problems with the amendment. An unintended consequence of this amendment is that it could cover rights to catch freshwater fish, which I am not sure was intended. There are various national and local rules governing freshwater fish; these vary under each Administration of the UK. The amendment also refers to the UK exclusive economic zone but this includes only waters beyond 12 nautical miles. To avoid any confusion, the principle of fish being vested in the Crown on behalf of the public applies to all UK waters, including those between zero and 12 nautical miles.

There are further problems with the legal drafting of the amendment. For example, it is assumed that “individuals natural or corporate” refers to “legal or natural persons”. We believe that the different phrasing used in this amendment would cause confusion as to who is intended to be in scope.

In setting out this clear legal view, I emphasise the position on which we are all agreed: fish are a public resource held by the Crown for the benefit of the public and no individual may either own the fish themselves or have any permanent right to fish for them. I take seriously the spirit in which the noble Lord, Lord Teverson, and other noble Lords articulated this point but the case law is absolutely clear on this matter. On that basis, I hope that the noble Lord will withdraw his amendment.

Press Regulation

Debate between Lord Mackay of Clashfern and Lord Gardiner of Kimble

Thursday 11th July 2013 Lords Chamber

[Lord Gardiner of Kimble]

As I have just replied to the noble Baroness, the membership and indeed the chairman of that committee will be announced very shortly. It will be for that committee to ensure that its work is rigorously applied given the legal opinion that has been given.

[Lord Mackay of Clashfern]

My Lords, is there any particular reason why the membership of a committee of the Privy Council should contain only members of the Cabinet?

[Lord Gardiner of Kimble]

With regard to the membership of this committee, I had hoped to be helpful to your Lordships and to have been able to give the information this morning, but it will be announced very shortly.