Fisheries Bill

Alan Brown Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Wednesday 21st November 2018 Commons Chamber

[Michael Gove]

I note the reporting of what Ms Sabine Weyand said. One of the interesting things—again, I alluded to this earlier—is that different Members will have different assessments of the advantages and disadvantages that lie within the draft withdrawal agreement, but it is instructive that the negotiator on behalf of the European Commission, Ms Weyand, felt that she had to sweeten the pill, particularly on fisheries, to get EU nations to sign, because there is an acknowledgment on the part of EU nations that UK negotiators have safeguarded access to our waters and secured our status as an independent coastal state. The initial negotiating mandate of the European Union has not been satisfied in these negotiations with respect to fisheries, but the red lines laid down by our Prime Minister have been defended. It is absolutely critical, without prejudice to any other conversations, to acknowledge that.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

On the powers of the devolved nations, the Secretary of State said during the Vote Leave campaign that one of the Brexit dividends is that immigration powers could be devolved to Scotland. Immigration is crucial to the seafood processing industry and to the fishing boats, particularly on the west coast of Scotland. Does he agree that Scotland should get control of immigration so we can manage our fishing industry?

[Michael Gove]

The hon. Gentleman is absolutely right. I am grateful to those who work in the fish processing industry, and indeed to those who work offshore, who come from across the world, and not just from European economic area nations, to help ensure that industry is strong. That is why my right hon. Friend the Home Secretary has made it clear that our post-Brexit immigration policy will be truly global in scope and focused on making sure this country is an economic success, emphasising that we have taken back control.

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[David Duguid (Banff and Buchan) (Con)]

Thank you very much, Madam Deputy Speaker; I appreciate that, as I had already tried to pare down my speech to the 10 minutes suggested earlier.

It is a pleasure to follow the hon. Member for Na h -Eileanan an Iar (Angus Brendan MacNeil). As he mentioned, he, the right hon. Member for Orkney and Shetland (Mr Carmichael), the hon. Member for Strangford (Jim Shannon), who unusually is not in the Chamber, and I have the same consistent issue of access not to EU labour—this is not a Brexit issue—but to the non-EEA labour on which the fishing industry has become dependent over the years.

I welcome this opportunity to speak about the Bill, and I welcome the Secretary of State’s opening speech. The fisheries sector is hugely significant in my constituency of Banff and Buchan. Peterhead is the largest white fish port in Europe, and a little further up the coast is the port of Fraserburgh. They are the two largest towns in my constituency. A little further around the coast is the smaller—but no less significant to its local community—port of Macduff. In terms of tonnage, almost half the fish landed by UK-registered boats is landed in my constituency.

Not just fishermen, but the wider communities around the coast of my constituency and of the UK have lost a great deal over the decades we have been in the common fisheries policy. There has been not only a loss of livelihood, the scrapping of boats and the closure of businesses, but fundamentally a loss of what identifies these coastal communities and the people who live there, who remember what once was. Quite rightly, the people in these communities look forward to making the most of the sea of opportunity presented by our leaving the EU and the CFP.

Everyone who speaks in this debate, and those watching in fishing communities around the UK, are keenly aware that Parliament will soon review the proposed EU withdrawal agreement, the impact on fisheries of which is not insignificant. It is therefore difficult to discuss the Bill without referring to the withdrawal agreement, the outline political declaration, or any new future fisheries agreement. I am very much aware of concerns expressed by fishing interests in my constituency and beyond. I have been reviewing the text of the agreement, as well as taking on board input from members of the fishing community, industry representatives and trade bodies, among a host of various stakeholders. My Scottish Conservative colleagues and I have made our position clear to the Government, and we look forward to working with Ministers to find a resolution to the range of concerns raised.

The variety of concerns can be summed up in two words: timings and leverage. On timings, we will leave the EU in March 2019, and when we do so, we leave the common fisheries policy. That is not a political decision, but a matter of legality—we cannot be in the CFP if we are not in the EU. Likewise, we cannot be in the EU, which would be the position of Opposition Members, and not in the CFP.

The agreement states that we enter an implementation period at that point, with that period ending on 31 December 2020. As others have mentioned, it would be welcome if clause 42 included the phrase “no later than December 2020”, because by that time, we must be in a position in which we have completed our first negotiations as an independent coastal state in time for our beginning to realise the opportunities that that presents for the calendar year 2021.

When we first enter negotiations in December 2020, we must have the maximum possible leverage. We have seen in recent media reports from the continent that EU fishing interests are far from pleased that the text of the agreement makes no mention of retaining guaranteed automatic access to UK waters post Brexit. If we are to have the maximum possible leverage in annual coastal state negotiations from December 2020, we must resist the EU’s demands for any continued automatic access to our waters. As the Prime Minister confirmed in her response to my question on this subject last week, we must not accept the EU’s attempts to link future trade agreements with automatic access to UK waters.

[Alan Brown]

I assume that the hon. Gentleman understands that the trade agreement is equally important. Clearly, it is important that we are able to get products to markets. We talk about everything being in isolation, but we must look at this in the mix, because that helps the whole sector.

[David Duguid]

I thank the hon. Gentleman for his comments. I will get to that point a little later.

The Fisheries Bill itself, and the White Paper before it, has been welcomed by organisations across the industry, including the Scottish Fishermen’s Federation. This vital legislation lays the groundwork for the revival of our fishing industry outside the common fisheries policy. It is important to note that, in the event of no deal, the Bill will ensure that all UK vessels can legally continue to fish in our own waters. For example, clause 7 revokes the CFP regulation that allows EU vessels unfettered access to our waters. Clause 8 introduces the common-sense principle that any foreign vessel that wants to fish in our waters must do so on our terms. This is taking back control of our waters, and it is the basis of the British fisheries sector’s revival. Clause 9 covers those UK fishing boats that are required to be licensed, as well as stating those for which licensing will not apply.

Clause 1 defines the fisheries objectives, as many Members have said, and chief among them is the sustainability objective, which ensures that fishing and aquaculture is environmentally sustainable in the long term and managed in a way that is consistent with contributing to the economy and to food supplies. I was going to go through all the other objectives, but as I am pushed for time, I will skip them.

Clauses 9 to 17 set out rules for the licensing of UK and foreign fishing boats—I just want to cover that briefly. Although the devolved Administrations are responsible for licensing boats in Scotland, Wales and Northern Ireland, licences issued by any UK fisheries administration will be valid across UK waters. The UK Government will agree access arrangements internationally and, although each of the devolved Administrations is responsible for issuing licences to foreign vessels in its zone, it is encouraging to know that the UK Government will administer the system, having already been provided with consent by the devolved Administrations.

Clauses 18 to 22 cover the allocation of fishing opportunities, an area on which I would like specific clarification from the Minister. Clause 18 deals with the Secretary of State’s power to determine fishing opportunities. I would appreciate it if Ministers commented on the appropriateness of the Secretary of State setting quotas for lobster or brown crab in Scotland which, I believe, are subject to international agreement. Clause 22 is about the sale of English fishing opportunities. Given that English-registered vessels operate in Scottish producer organisations and vice versa, will the Minister please provide clarification on whether these would be available for all UK vessels?

Finally, let me say something about the future of the fishing industry in my constituency and of fishing communities around the UK. After decades of deterioration within the CFP, we will not see a full recovery overnight. Government support will be required, and this House has previously been assured of that support by the Prime Minister and others

“to secure a sustainable and profitable fishing industry that will regenerate coastal communities and support future generations of UK fishermen.”

I conclude by reassuring the Minister that after we leave the CFP and become an independent coastal state, with all the powers and control that that entails, I will look forward to continuing to work with the Government to deliver that ambition to regenerate not only the fishing industry, but the wider communities and economy for which the “sea of opportunity” will deliver.

Fisheries Bill (First sitting)

Alan Brown Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 4th December 2018 Public Bill Committees

[Peter Aldous (Waveney) (Con)]

Q I have two questions. Do you think the Bill will lead to increased fishing opportunities both for new entrants and for what until now have been called the under-10s, although I think it is important we try to get away from that descriptor? Picking up on the Minister’s comments about equal allocation across all UK fisheries for all UK boats, do you think that principle lies comfortably with the sustainable management of individual fisheries? I say that because there is a concern that it is difficult to do that when you get boats from other parts of the UK coming into waters off the East Anglian coast, and not only off the East Anglian coast. It is a concern that has been raised with me about waters off the north-east. Yesterday I was hearing about problems with managing cuttlefish down off the south-west where this problem had arisen. I would welcome both your views on those two issues.

Barrie Deas: On increased fishing opportunities and how they could be allocated, for a number of reasons, including case law in the English courts, but also the stewardship that comes along with rights of tenure, which have been an important factor in stabilising our fisheries over the last 20 years, our federation takes the view that for existing quota it should remain the same, but for additional quota we think there is a conversation to be had on the most appropriate use of that. There is a range of options.

Perhaps we are being a bit narrow here. You alluded to the division line at under-10, which has, I think, caused distortions in the fleet and unintended consequences —you have a cohort of high-catching under-10s, sometimes called rule beaters or super-under-10s, that have kind of distorted fishing patterns. There is recognition that we need to move beyond that now. In that context, there is an issue about how you define genuine small boats—genuine low-impact vessels—and I accept that. My organisation would be very interested in taking them out of the quota system altogether. That does not mean not taking into account their contribution to mortality. In a sense, it is a reversion to what we had in the early days of under-10 metre management, where sufficient quota was allocated and we did not have to have monthly quotas for that class of vessels. There is a very interesting conversation to be had about the future and new entrants and how the genuine low-impact fleets fit into that.

Equal access has been an important principle and there are dissatisfactions wherever you have a nomadic fleet arriving on the doorstep of a local fishery. That would be true of our boats fishing in bits of Scotland, I suppose, and certainly you hear these kinds of things about Scottish boats fishing off the Northumbrian coast or down in the south-west. Fishermen are competitive. They are competing with each other as well as with foreign fisherman. That is the context in which you have to situate that particular issue.

Bertie Armstrong: Mr Aldous, your question was about new entrants in under-10s. The enabler for a better deal for new entrants in under-10s will be the uplift in opportunity for fishing that comes with Brexit; otherwise, we presumably have fixed the problems already with the fishing opportunity available. The situation is different as you go around the coast. The small-vessel fleet in Scotland has a different character and tends to use creels, or pots, to catch shellfish—that is a great generalisation; there are others—so there is a different set of problems. It is generally inshore and small scale and is therefore best sorted out locally, but I think there will be a better deal for all with the uplift in opportunity.

There is another abiding principle here. If you are going to make alterations to arrangements for fishing, the fish need to be there to be caught. It is one thing to give someone tons of fish; it is quite another if the fish are not there in prime condition with a business plan for getting them landed and into a logistics chain. Much is made of the big mackerel catchers in the pelagic fleet, and much is made of rather lurid statistics about what percentage is held by what number. You cannot catch 250,000 tonnes of mackerel in winter, 100 miles to the west of the British Isles, with hand line under-10s—you simply cannot. But a few hundred tonnes to the hand line under-10s, provided the local arrangements pay attention to making sure there is a whole logistics chain and they are going to get that fish to a place where somebody wants it, is where the opportunity lies.

My final input, on behalf of slightly larger-scale fishing, is: be careful what you mean by low impact. The carbon footprint per kilogram of fish of a pelagic trawler catching mackerel is very much smaller than any other form of fishing, because you catch volume efficiently and quickly. There are many aspects to this.

In answer to the question, yes, there is extra opportunity, but there has to be extra opportunity to distribute. The problems are largely regional and should be sorted out regionally. We need to be careful not to place excessive detail on the face of the Bill. I suggest that a lot of this is best done by secondary legislation.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Q Mr Armstrong, in answer to an earlier question you suggested that we might see a date of what you called sovereignty over quotas and waters. You suggested that the end of the implementation period as it is now—December 2020—was the ideal date. How does that square with the fact that there may be a backstop arrangement and the Prime Minister has said that, depending on what happens, we might need to extend the implementation period? How would inserting a date in the Bill work with the other flexibilities that are still to be resolved?

Bertie Armstrong: I would wish to dispense with the flexibility to extend for fishing the implementation period by placing a date on the face of the Bill. There will undoubtedly be some resistance, but that would not be up to me. That is why we would like to see that in there. We are on record as being less than completely happy that the implementation period applies to fishing at all, because legal sovereignty over the waters and the resource therein comes on Brexit day. However, we are where we are, and we recognise that the withdrawal agreement has compromises all over the place. We therefore, with reluctance, accepted the implementation period compromise, but we would not wish to see it extended at all.

The backstop has been much described, particularly over the last few days. Clarity is helpful on what happens. There are two preconditions: if the backstop clicks in and is applied and there is no fisheries agreement in place by that stage, and there is no prescription of what is in the fisheries agreement, tariffs will apply. Fishing will be cherry-picked out of the trade arrangements. Tariffs will apply to fish—which, by the way, the Scottish Government study indicates would not necessarily be a terminal problem—and access to our waters for other UK fleets would cease. So it would be a mess of large proportions and we are rather hoping that it would not apply.

I see some puzzlement about the lack of access for anybody else. If there is no fisheries agreement—and there is precedent on this, with EU-Norway arrangements, for instance—there is no access to each other’s waters.

[The Chair]

May I lay down a red line, particularly for our detailed consideration of the Bill, starting next week? The backstop and all that is not in the Bill. Those are, of course, important matters and they do have some relevance to and bearing on it, but our purpose today—and, indeed, during the process of consideration in detail, as of next week—is to consider in detail the words that are on the face of the Bill. Therefore, next week I will take a tough line on the broader political considerations and say that they are, I am afraid, simply out of order. They are important, but let us focus on the Bill.

[Alan Brown]

Q I accept your guidance, Mr Gray, but clearly there is the suggestion of the clear date versus how that would fit into the bigger picture. It is the same thing when we talk about future quota allocations and how that will work. Mr Armstrong mentioned the issue of tariffs in his answer. In yesterday’s questions to the Attorney General he said that the backstop arrangements meant that Northern Ireland would have tariff-free access to the EU and tariff-free access to Great Britain, whereas no other market will have that. Is that a concern, and how could that be addressed in this Bill?

Bertie Armstrong: To be honest, that is not where our focus lies at this point in time; it is on making sure that the Bill as an enabler of—I will use the phrase “the sea of opportunity”—makes it on to the statute book, rather than on the details of what does and does not happen to Northern Ireland in the event of a backstop.

[David Duguid (Banff and Buchan) (Con)]

Going back to Mr Pollard’s question about UK vessels landing elsewhere, for example Norway, can you say a little about what motivates fishermen to land elsewhere? What changes are required in our ports or onshore infrastructure to make landing in the UK more attractive, and is that covered by the Bill?

Barrie Deas: Money. That’s it, really. [Laughter] I had better say a bit more. Over the last 20 years, markets for fish have developed and diversified. Peterhead has become the pre-eminent white fish port in Europe. Flat fish tends to go to Urk in the Netherlands. South-west ports are sending prime, high-value fish to the continent, and then there is the shellfish market. From time to time there will be price differentials. Also, it can reflect where the vessel is fishing: for example, it might make sense to go to Denmark and land for one trip and then land back into Peterhead for the next, or to land into France. Fishermen are commercial animals. They are very much driven by catching fish but also by marketing fish, and price is key.

Bertie Armstrong: I would reinforce that. At the slight risk of crossing the red line again, and as I keep saying, the elevation of the UK to the world stage would mean that, in the simple arithmetic of volume and value, we would overtake Iceland. It would allow us the sort of conditions that our own processing industry would want to entice not only all our own landings but perhaps some from others as well. However, it is a matter of commerce and business, generally.

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[The Chair]

We are running out of time. May we have a last question from Alan Brown?

[Alan Brown]

Q Mr Salter, you seem to be talking about having a percentage of quotas ring-fenced for recreational angling. How would getting that into the Bill work? Would it apply to future quotas to allow expansion of the sector?

Martin Salter: We are not calling for that to be in the Bill; it would tie the Minister’s hands. If we are to adopt world-leading sustainable fishery management practice, it is important that Ministers and decision makers are able to take the best scientific advice without having to come back to Parliament to change quotas and reallocate bass stocks from 30% recreational to 37% recreational, for example. That clearly would not work. They have to have that power, but that is why it is important that we put a duty in the Bill for Ministers to set sustainability targets.

The point about resource sharing is more about achieving an optimal economic and societal return for the stock. I find it very sad that protected species such as the grey mullet that we see swimming around harbours in the UK have very little commercial value, yet at times of spawning aggregations we see entire year classes of those stocks totally netted, flooding the market and getting less than £2 a kilo. This is a slow-growing species: a grey mullet takes anything from 10 to 12 years to achieve a size that makes it a useful recreational angling target. It is a very poor use of that resource. As a good business calculation, which is the better use of that stock? Would reserving more of it for recreation give us more jobs for the UK economy—more bites for our buck, if you like? That is something that good fishery management practice would seek to achieve. It will not be achieved by legislation as such, but it could be assisted by a power and duty for fishery Ministers.

[Alan Brown]

That is a complication, because trying to get a legislative framework that gives that certainty—

[The Chair]

Order. We are strictly limited by time and it is now 11.25 am, so I fear I have to call this evidence session to an end. The Committee will meet again at 2 pm. The Committee Room will be locked in the meantime, so hon. Members may leave their papers here if they wish. I thank the witnesses very much indeed for their useful evidence.

Fisheries Bill (Fifth sitting)

Alan Brown Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 11th December 2018 Public Bill Committees

[Luke Pollard]

Members will see from the amendment paper that the Opposition propose a number of additional objectives, including a new public asset objective, a new marine planning objective, a new safety and workforce objective, and a new climate change and international agreements objective. The first—the public asset objective—would deliver on the pledge in the Government’s White Paper, which states:

“We aim to manage these fisheries—and the wider marine environment—as a shared resource, a public asset held in stewardship for the benefit of all.”

That sounds brilliant, but it should have been included in the Bill.

Listing fish as a public good in the Bill would allow us to say definitively that fish should be allocated for the benefit of the country. I am amazed that Ministers did not set that out clearly in Bill. I encourage the Minister to accept the amendment so there can be no doubt, no obfuscation and no sleight of hand in policy from this Government or any that might follow—particularly in the coming days—that fish is a public good and their benefits should be shared by the nation.

We heard evidence last week from Griffin Carpenter, an economist at the New Economics Foundation. He agreed with that point, stating:

“When I have spoken to stakeholders, even the quota holders, everyone starts from the same premise that fish is a public good, but from my perspective that has not been followed through in the way we treat the opportunity to fish that public good.”––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 104, Q200.]

The hon. Member for Waveney expressed similar concerns. I am sure hon. Members on both sides of the House know Aaron Brown from Fishing for Leave, who is a key supporter of the amendment. He said in evidence last week:

“Fish always has been a public resource. Various judicial hearings have defined that as well. Indeed, it probably stretches all the way back into Magna Carta right back through our constitution.”

That is slightly before my time, I am afraid. He continued:

“At the end of the day, we as fishermen, as the members of the public who catch, are only custodians of what is the nation’s; we look after it and husband it well for current generations and future ones. We would very much like to see a clause put in”.––[Official Report, Fisheries Public Bill Committee, 4 December 2018; c. 62, Q134.]

Importantly, clause 1 sets the tone for how the Bill will be regarded. There is much discussion about fish in our political debate. It is vital that we make it clear right from the start that fish is a public asset and should be distributed accordingly—a key argument that I believe Members on both sides of the House have advocated. Its omission from the Bill is regrettable, which is why the Opposition seek to insert it as one of the Bill’s early objectives.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Gray. We will be happy to support the amendment if it is pressed to a vote. Clearly, clause 1 is all about setting objectives. The Minister may argue that the amendment is superfluous, but we are setting objectives and, as the hon. Member for Plymouth, Sutton and Devonport touched on, we heard clearly in evidence that there is a desire for the Bill to state that fishing is a public good. That would set a marker for the future, when we look at reallocating quotas for the benefit of that public good. We are certainly happy to support the amendment.

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[Alan Brown]

Nobody is going to argue about the importance of improving health and safety. As the hon. Gentleman rightly says, there are many risks in the fishing industry. I am just seeking clarification. Having the objective is fine, but how will the objective in itself lead to improvements in health and safety? Regulation and enforcement are required—we need that linkage.

[Luke Pollard]

I am grateful for that intervention; it is a good question. The important thing about including this objective is that there would be a requirement for Ministers in their annual statements to report on progress on marine safety. As we have seen, sadly there has not been sufficient progress. Given that responsibility for marine safety is shared between a great number of stakeholders in government, it is important to have an opportunity to bring all those efforts together and share best practice. Having a clear objective that the regulatory environment we want to create around fisheries after Brexit is one where marine safety is prioritised is a key message that we should be sending to the fishing community.

The Minister will know of a brilliant scheme from Plymouth that provides lifejackets personal locator beacons to fishermen with. That is an example of how we can make real our proposed objective, if implemented. Personal locator beacons activate when they come into contact with water, enabling the search to be taken out of search and rescue. I have seen for myself the registry and met the team at Falmouth coastguard who manage this system: it is a good one that we need to roll out more comprehensively.

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[Luke Pollard]

The amendments, which aim to update the objectives at the front of the Bill, refer to climate change. It is important that we talk about climate change in the context of fisheries. Climate change is a challenge facing every single sector of the UK economy, but the impacts of climate change are being felt in fishing communities in respect of the availability and location of the fish stocks that our fishers are trying to catch.

At a time of global uncertainty, we could not let the omission of the phrase “climate change” from the Bill slip by. We know from the evidence we heard last week that climate change is affecting fishing, be that through the availability of food stocks for fish, through the changes in spawning and breeding grounds, or through different migration patterns, which affect where fishers go to catch fish. Climate change is real and it affects fishing, as it does every other economic sector, so it warrants a mention both in the Bill and in DEFRA’s serious considerations and actions.

If Labour had been in government and we were introducing this Bill, I imagine that we would be doing it ever so slightly differently from how the Minister is doing it. The amendment is key in addressing climate change and reinforcing sustainability.

I am grateful for the words of the Secretary of State on not rolling back environmental protections. It is important that those words are met with actions, including in the Bill. In addition to talking about climate change, we talk about the international agreements objective, which lists the other international agreements that have a bearing on fishing, and in particular on the conservation and environmental aspects of fishing—if we overfish, there will not be enough fish in our seas to sustain a fishing industry. We need fisheries that are sustainable both economically and environmentally. The amendment seeks to make a reference in the Bill to the other international agreements.

[Alan Brown]

Perish the thought that I am starting to think like a Conservative. However, although those are laudable conventions by which we need to abide, is not the key issue that, as a signatory to the treaties, the UK has to fulfil those obligations anyway? Therefore, it is superfluous having them in the Bill, regardless of the signals that would be sent by the amendment.

[Luke Pollard]

I am grateful to the hon. Gentleman for raising that, because it brings us on to maximum sustainable yield, which is one of our rationales for talking about this. The UK is committed to achieving maximum sustainable yield by 2020—that commitment is in a variety of international treaties and agreements. That target is hard to achieve, according to the feedback we have had from stakeholders and to some of the evidence we heard last week. That is why, in creating a new regulatory environment for fishing, we need to have due regard to the commitments the UK has signed up to elsewhere across our international conventions—MSY by 2020 is one such commitment. It is mentioned elsewhere but not in the Bill, which is why the Opposition seek to raise awareness of not only the importance of climate change to our fisheries but our international obligations and commitments as a nation. I would be grateful therefore if the Minister could expand on the Government commitments given elsewhere to sustainability, and on how they will be reflected not only in the Bill but in its implementation.

Fisheries Bill (Sixth sitting)

Alan Brown Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 11th December 2018 Public Bill Committees

[Luke Pollard]

I thank my hon. Friend for his point. The opportunity to redistribute quota could have a beneficial effect on coastal communities across the country, from the west country to other parts of the UK. That is effectively what Griffin was saying in his remarks about understanding how quota has been allocated, and it is why the amendment is so important. It would help us better to understand the basis on which quota is allocated, particularly as a quarter of the UK’s fishing quota is owned or controlled by just five families on The Sunday Times rich list.

The small-scale fleet has generally been excluded from the FQA system and producer organisations. Quotas should be allocated on transparent social, economic and environmental criteria to the benefit of fishing communities and coastal communities. We heard that in our evidence sessions, and the idea enjoys support from both sides of the Committee, although we are yet to find a form of words on which we can agree. A greater share could be offered for complying with relevant regulations, such as taking part in data gathering, fully monitoring and recording catches, complying with discard rules and applying high standards of workers’ rights, welfare and marine safety. Through that, we have an opportunity to allocate quota in a fairer way that supports greater public goals and assets. Those are objectives that we all share.

There may be more fish after the UK leaves the common fisheries policy if we get a drawdown of the quota held by our EU friends, but not amending the distribution of quota would exacerbate existing levels of inequality between parts of the sector and would fail to incentivise best practice. Small boats provide the backbone of our fishing fleet and make up the majority of the fleet, in terms of employment. They generally use low-impact gear and provide more jobs per tonne, but their share of quota has been limited to 4% to 6% of the total available quota, even though they employ 49% of the fleet. A greater understanding of how that can go, how quota is currently allocated and how it will be allocated in future will help transparency and, importantly, confidence among fishers in the system.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The hon. Gentleman is right about the evidence and discussions about how future quota should be allocated. The benefits need to be considered. Does he accept that the amendment could impact on the devolution settlements, because quota allocation is devolved to the respective Administrations?

[Luke Pollard]

It is really important that we are part of the devolution debate, to ensure that where powers have been devolved to a devolved Administration, they can take decisions on how to distribute their quota accordingly. Quota drawn down from our EU friends is additional quota, which can, in theory, be shared across all UK fishers across the four home nations. An under- standing of how that is allocated is an important function of transparency and part of how we make the system work.

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[Alan Brown]

Will the hon. Gentleman outline how he sees this system being set up and how it will actually operate, because right now the amendment is structured so that the Secretary of State sets the system up, which clearly indicates that there will be no input from the devolved Administrations into how the system will operate? He highlighted the example of a situation where one Administration might want to allocate in a way that is vastly different from the other Administrations, but the Secretary of State might have too much control through the way they have set it up. Is that not a risk with regard to the devolution settlement?

[Luke Pollard]

I thank the hon. Gentleman for his suggestion. In this amendment, we have not attempted to prescribe exactly how the dispute resolution should operate nor how it should be established; we have merely said that there should be one. Given that the powers flow from this Bill into the hands of the Secretary of State, it seemed logical that the Secretary of State—whoever that may be—should have the initial responsibility of establishing that mechanism, obviously in conjunction with the other parties involved.

We feel that a firm deadline should be set in the Bill so that these matters are not allowed simply to drift. Therefore, the amendment proposes that the fisheries authority should be required to use the system set out by the Secretary of State in regulations, as soon as it becomes apparent that it will not be possible to have an agreed fisheries statement published by—in this case—1 January 2021. Equally, the date could be set 12 months after the commencement of the Act.

The Minister may try to persuade us that we are perhaps being too gloomy and that the scenarios that we are trying to prepare for are remote possibilities. If he is not inclined to accept this amendment, as I suspect he may not be, it would be beneficial if the Minister explained to the Committee what plans he expects to be put in place if there is a situation where the fisheries authorities are unable to reach an agreement, and that in itself causes a—

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[Mr Sweeney]

Technically, yes. Perhaps I am moonlighting as a Front Bencher. As always, it is a pleasure to serve under your chairmanship, Mr Gray.

I rise in support of this amendment. It reflects that devolution is a process, rather than an event, and if I were to do a risk profile of the Bill, this omission by the Government would be a red flag. It is important that this is addressed as a matter of urgency; it is critical, because as we have seen at instances throughout the discussions about the EU withdrawal process, impasses occur quite frequently between the devolved Administrations and the UK Government about how to proceed and how best to resolve issues. It is clear that in fisheries, there is a high risk of those issues emerging, so as a matter of prudence it is incumbent on the Government to make provision for issues to be resolved through a system and process defined in the Bill.

[Alan Brown]

I rise to ask the hon. Gentleman the same question I put to the shadow Minister: how does he see this mechanism being set up? If it is set up with the Secretary of State, how does he see it as being a panacea that will resolve any dispute if it does not have the input of the Administrations?

[Mr Sweeney]

I think it should be an inclusive process; I am not prescribing any particular definition for that, but I do not think the Secretary of State should have untrammelled power over the ultimate decisions. As the right hon. Member for Orkney and Shetland suggested, it should be something that is equitable and democratic in nature. That would be the way to proceed.

--- Later in debate ---

[Luke Pollard]

I am grateful to the Minister for setting out why five years is not as good as six; none the less, I think there is a point about our effective scrutiny of the system. When the Marine and Coastal Access Act was initially enacted, it was at the start of that journey of organising marine plans and policies. We are now in a very different place, both politically and environmentally. I am grateful for the comments about climate change made by the hon. Member for Stafford. Our world is changing and our fisheries need to be more adaptable to the concerns around climate change.

[Alan Brown]

In support of the principle of reducing the review period from six to five years, I tried to get in earlier on. I have concern about linking it to a parliamentary term, because as we know, despite the Fixed-term Parliaments Act, we have already had one Government that did not last five years, and the way things are going, it is highly probable that this Government will not, either, so I would be wary of linking it to a Westminster parliamentary term. That would also override the parliamentary cycle of the devolved Administrations. I am happy with five years, but we should be wary of how this is linked to the parliamentary cycles.

[Luke Pollard]

In seeking to move from six to five, that was merely to move from six years to five years, rather than necessarily to align with that parliamentary cycle.

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[George Eustice]

I am grateful to my hon. Friend the Member for Waveney for tabling the amendments and highlighting an important issue. I understand why some might be concerned about the inclusion of the provision, because they judge that it to be a “Get out of jail” card which means that people would not have to follow the statement at all.

As with earlier amendments, I will explain the genesis of the language chosen for the clause. Again, I am afraid, I have to pray in aid the Marine and Coastal Access Act. Section 58(1) states:

“A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents, unless relevant considerations indicate otherwise.”

The claim by some that the language in the Bill is random, new language that has never been used in legislation before is therefore not true. It is a form of words that was used in the most recent piece of marine management legislation available, which was introduced by the Labour Government.

The reason we have the provision is to ensure that in instances where we have a sudden change in circumstances, which might put us outside a joint fisheries statement, there is, in a sort of force majeure—

[Alan Brown]

I just want to understand what the Minister is talking about. Exceptional circumstances may arise that need swift action. Therefore, is there not a way to improve the language in the Bill, even though this serves as a precedent, rather than the amendment, which would delete it completely? Is that something the Government would consider for the next stage?

[George Eustice]

I was going to return to that point. As I said at the outset, while I think it is wrong to delete that flexibility for a force majeure event all together, I am certainly willing to look on Report at whether we could refine or narrow the scope and the circumstances in which such a measure could be used.

Let me give an example. If there were a sudden change in the health of a particular stock, we might have it as part of the plan that a stock could be exploited at a particular level. We might not want to do that anymore and might therefore step outside the plan—not to overexploit a stock but to stop exploiting it all together. It might also be the case that in order to reach an agreement with, say, Norway, which uses maximum sustainable yield as well as other environmental measurements and metrics, we might have to move slightly outside the scope of our own plan. Then a question has to be asked: as I put to Dr Carl O’Brien, is it better to get an agreement so that everyone is working within agreed limits and to an agreed plan with our neighbours—say, Norway—or is it better for everyone to just kick the table over, walk away and unilaterally set their own total allowable catch? I would say it is always the former. There will be times when we may have to step slightly outside the joint fisheries statement in the interests of getting a fisheries agreement at all, which is ultimately for the benefit of the stock.

My hon. Friend the Member for Waveney has highlighted an important issue. I hope he understands that, because we need that flexibility both for force majeure events and for other sudden developments, we need some sort of provision for those circumstances. Therefore, deleting the wording all together is wrong. However, in view of the points that he and others have raised, I will give this further consideration as we approach Report to see whether we can narrow that power so it can be used only in prescribed circumstances.

Fisheries Bill (Seventh sitting)

Alan Brown Excerpts

Committee Debate: 7th sitting: House of Commons
Thursday 13th December 2018 Public Bill Committees

The large outward flows of young people due to lack of opportunity create serious demographic challenges and a vicious cycle of isolation. Coastal communities have higher rates of unemployment and lower wages. Five of the top 10 local authorities in Britain with the highest unemployment rates are coastal communities. Among the 25 local authorities with the highest rates of insolvency, 16 are coastal—indeed, Plymouth is ranked second and first for coastal communities. We also know that 10 of the 20 local authorities in England and Wales with the highest proportion of people in poor health are coastal communities. Fishing will not in itself reverse all that decline, but it could make a big difference.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The hon. Gentleman is making a valuable point. We have heard evidence about rejuvenating coastal communities, and he has given examples from his constituency. Would the amendment and new clause deliver what he hopes they will deliver? They might lead to additional landings going to existing big ports. Is there not also a risk that they would impinge on devolved settlements by not allowing devolved Governments to set their own landing criteria?

[Luke Pollard]

In fact, much of the inspiration behind the amendment and new clause came from some of the work by the Scottish Government, who looked at having a Scottish landing obligation to land fish caught under Scottish quotas in Scottish ports. There needs to be agreement with the devolved Administrations that more fish caught under UK quota being landed in UK ports is a good thing and that the benefits can be shared across our United Kingdom.

Fishing is an important source of income for some of the most deprived communities in Europe. West Wales, including Milford Haven, is ranked as the poorest area in Europe. West Cornwall is second; Lincolnshire, including the Grimsby area, comes in fifth; Devon is 13th and Tyne and Wear is 20th, according to Eurostat statistics. Many others are rural areas that have fewer alternative employment opportunities, such as Shetland, Stornoway and Brixham, as we heard in the fisheries debate yesterday.

The amendment could and, I think, would create more jobs in those coastal communities and was backed by Members from all parts of the House speaking on Second Reading. My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) said that

“the fishing industry is not just about the catching side; there is still a very important processing and aquaculture industry alongside it…It is an important provider of jobs in…Grimsby…with some 4,200 jobs dependent on the sector. These processing plants also export much of their product into the EU, in a market worth £1.3 billion, where we still enjoy a trade surplus. It is therefore vital in the drive to create world-leading fisheries that processing is not forgotten”.—[Official Report, 21 November 2018; Vol. 649, c. 926.]

My right hon. Friend the Member for Tynemouth (Mr Campbell) said that he believes

“that there is still a strong case for ensuring a link between landings and home port, because it is important to recognise that fishing is more than just about catching fish; there are also issues about the sustainability of ports and port jobs.”—[Official Report, 21 November 2018; Vol. 649, c. 936.]

--- Later in debate ---

[Mr Sweeney]

Thank you for calling me, Mr Gray. I rise in support of my hon. Friend the Member for Plymouth, Sutton and Devonport and this very well thought through amendment, because it ties in exactly with the coherent position that Labour has had on industrial strategy, which is about maximising the prosperity agenda for the United Kingdom.

We look at vertical integration of the industry. We have to look at the source of fishing, at sea, but also at how the supply chain operates and maximising the industrial benefit for the United Kingdom. That is not simply about the fish processing side; it aims at rejuvenating the whole UK port infrastructure, including boat and ship repair, and shipbuilding, and the associated industries that would benefit from having a tie to particular ports. Smaller ports such as those on the west coast of Scotland have suffered decline, and we can see an opportunity, through the tying of catches to UK ports, to create demand in those ports, generating new activity and industrial growth. That would be a huge benefit for the highlands and islands particularly. They have had significant economic challenges because of their isolation. That needs a focused effort.

[Alan Brown]

Can the hon. Gentleman explain how the amendment and new clause would rejuvenate ports in the highlands and islands? I do not see the direct link. The point was made earlier that additional landings coming to the UK might still just go through existing big ports.

[Mr Sweeney]

They would create a framework within which those opportunities could be generated by devolved Administrations. The Scottish Government could augment that. The amendment and new clause would create a fundamental framework that would drive demand into UK ports. That is the opportunity, which would be an important baseline measure in the Bill, and could be developed. We had an interesting debate yesterday on the centenary of the Iolaire disaster, and one of the conclusions was that highland and island communities suffer significant isolation, and that it is important that their distinctive economic and social needs should be met by Parliament. The amendment and new clause would benefit them a great deal.

Fisheries Bill (Ninth sitting)

Alan Brown Excerpts

Committee Debate: 9th sitting: House of Commons
Monday 17th December 2018 Public Bill Committees

[Mr Sweeney]

I beg to move amendment 77, in schedule 6, page 45, line 43, leave out “negative” and insert “affirmative”.

We tabled the amendment because the schedule allows for the transfer of powers to Scottish Ministers and the power to make provisions on issues such as aquatic and animal diseases. The schedule will allow Scottish Ministers to make provisions for

“the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals…in particular…provision regulating the importation, exportation, movement, storage or handling of…fish or other aquatic animals…products derived from fish or other aquatic animals…any other thing that the Scottish Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.”

We want to change that to an affirmative procedure because it will be a much better way of doing things.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The amendment is a step too far. There is sufficient protection for affirmative resolutions under clause 36 and paragraph 3(2) of the schedule, as the Minister pointed out. The Scottish Government need some leeway to be able to use the negative resolution procedure, and I do not think there is any need for this amendment. I would like to know whether the Labour party sought any assurances from the Scottish Government on whether they thought this amendment was necessary. I suggest that if the Scottish Government had wanted such an amendment, they would have tabled it themselves.

[George Eustice]

This is in many ways a mirror amendment to one we discussed earlier. It is unusual for me to agree with the hon. Member for Kilmarnock and Loudoun, but he makes an important point: if we have just agreed one set of provisions giving the right to use the affirmative or negative resolution for England, it would suggest that we do not trust Scotland if we said that all their resolutions should be subject to the affirmative procedure. What is good for one part of the UK should be good for Scotland as well. I do not think this amendment is appropriate.

I can confirm to the hon. Gentleman that this has been put in at the request of the Scottish Government. We worked closely with all the devolved Administrations to understand what they would like included in the Bill on their behalf, and this particular section dealing with the ability to fight aquatic diseases is understandably very important to Scotland, given that it has such a large salmon farming industry. It is at the request of the Scottish Government that this has been included in the way that it has. I think it is right that we treat the Scottish provisions in the same way that we treat the English provisions. I hope the shadow Front Bench will not see the need to press this particular amendment.

[Mr Sweeney]

We have been pretty consistent throughout the process in saying that we think affirmative measures are better because they provide extra scrutiny and extra control, and we think that is beneficial.

[Alan Brown]

On that point, given that the hon. Gentleman’s colleagues consistently say that the Scottish Labour is the party of devolution, does he agree that if Labour is the party of devolution, it should respect devolution rather than trying to make legislation here that the Scottish Government have not asked for?

Fisheries Bill (Tenth_PART2 sitting)

Alan Brown Excerpts

Committee Debate: 10th sitting (part 2): House of Commons
Monday 17th December 2018 Public Bill Committees

Brought up, and read the First time.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairmanship, Mr Gray. I bet you are delighted to be here in the final sitting tonight; the rest of the House has probably adjourned.

The new clause would ensure that the vital contribution that is made by the current European Maritime and Fisheries Fund to support sustainable growth in Scottish fisheries and aquaculture, inland waters, the seafood supply chain, conservation of the marine environment, and growth in jobs in coastal communities will be maintained in the future.

However, I must also add that the UK Government should be doing more to assess future opportunities such as rejuvenating coastal communities, and identify where infrastructure and subsequent funding might be required to maximise those opportunities. That would result in a bottom-up and needs-based approach that would lead to the establishment of a proper fund and the associated long-term planning. If we are to achieve the nirvana of catching more fish, landing them in Scottish and UK ports and processing them, further investment will clearly be required. The replacement EMFF would be an ideal vehicle for investment leverage.

Devolution is key here. We cannot possibly allow a repeat of DEFRA stealing the £160 million convergence uplift that is due to Scottish farmers—a redistribution that could have significant effects on future funding to farmers once historical payments are taken into account under any new UK scheme. Scotland currently receives 44% of EMFF moneys; that is obviously way higher than the pro rata figure per head of population, but it makes sense given the demographics of the fishing industry. I must put it on the record that there is no way we would ever countenance any future funding being allocated on a Barnett basis.

The situation appears even more stark when we look at the 2017 industry figures: 55% of employment in the sector overall, 58% of fishing industry employment and 75% of aquaculture industry employment are in Scotland. Scotland also accounts for 50% of fish processing, 67% of landings in the over-10-metre sector and 32% of landings in the under-10-metre sector. In a devolved context, it therefore makes sense that post Brexit, as an absolute minimum, the same allocation be made to the Scottish Government in the interest of effective distribution. Indeed, from the statistics I have cited, there is a clear case that Scotland should have further funding. I certainly would not want to see that happen to the detriment of other communities in the UK, but at the very minimum we should receive the equivalent of what we get now.

[Mr Sweeney]

I support new clause 2, which is a frankly common-sense measure. It is imperative that, as a result of the UK leaving the European Union, the industry must have both the certainty and the financial underpinning that it requires. The new clause would ensure that, so surely it must appeal to Government Members who want to provide such certainty. I appeal particularly to Scottish Conservatives present, who surely want to uphold the interests of Scottish fisheries. Here is a real test of whether they are part of Team Ruth or Team May: will they uphold the interests of the Scottish fisheries?

The removal of the EMFF presents a significant challenge across industry in Scotland. My own experience—

--- Later in debate ---

[George Eustice]

I understand that point, but conversely, one could say that the DEFRA budget is small compared with other Departments such as the Department for Work and Pensions or the Department of Health and Social Care. Big changes to our budget actually make a small difference to the overall maths, so far as the Treasury is concerned, so that argument can be made either way.

As I said earlier, we also have the levies, charges and tender incomes referred to in earlier clauses. I gave an undertaking that, on Report, we will seek to give more clarity to hon. Members about how those funds might be deployed to support our fishing objectives.

[Alan Brown]

The Minister is optimistic about the future prospects and in thinking that I will withdraw the new clause. I thank the right hon. Member for Orkney and Shetland and the hon. Member for Glasgow North East for their contributions.

I think the hon. Member for Stafford actually made the point for me when he expressed his concerns, and looked for reassurances from the Minister, that the money will go to the Treasury. Frankly, I do not trust the Treasury. I say to the hon. Member for Banff and Buchan that at one point there was a £1 billion fund for carbon capture and storage that looked like it was going to go to Peterhead, but the Treasury overrode the Department for Business, Energy and Industrial Strategy and withdrew the funding. That is the problem with funding reviews by the Treasury: it can put a red pen through the funding at any time it likes. The Treasury holds the purse strings.

[David Duguid]

The general point that I think the hon. Gentleman is trying to make is that, while we are in the EU, we get the EMFF. However, does he accept that there is no guarantee of that same level of EMFF funding for member states in the future?

--- Later in debate ---

[Alan Brown]

No, there is not. That will be part of the settlement with the EU. However, the point is that the Treasury will control the funding. It will come back to the UK Government, and we are asking for a guarantee of funding at least equivalent to EMFF. It will be in the gift of the UK Government to do that. That is the whole point of the new clause, and that is why I was drawing attention to the fact that no guarantees are given in the Bill; it is left to the Treasury and is therefore a risk.

The Minister made an argument about the legal powers. The Scottish Government obviously believe they have the legal powers to give the grants, but that is an argument for another day. That would not stop that money being guaranteed for Scotland. I take the point of the right hon. Member for Orkney and Shetland that other areas will want the same guarantees. That is fine. I touched on how, going forward, I would like to see Scotland get more funding, but not to the detriment of other fishing communities around the UK. With that, I will press the new clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Alan Brown]

I beg to move, That the clause be read a Second time.

I will try to brief. The new clause would effectively devolve control of the Scottish aspect of levies imposed by Seafish to Scottish Ministers, ensuring that levies imposed on fish or fish products landed in Scotland, or trans-shipped in Scottish waters, require confirmation by Scottish Ministers. It would also mean that Scottish Ministers may, by order, increase the rate of such levies.

As my hon. Friend the Member for Argyll and Bute touched on, it is a long-held view of the Scottish Government that the existing Seafish levy is not fit for purpose, providing inadequate support to the sector in Scotland, resulting in insufficient marketing and promotion of Scottish seafood. Levies should not be uniform across the UK and should be placed in the hands of devolved Ministers to determine best procedure and practice in their own nations and regions. This issue is similar to the red meat levy, which was also a long-running sore. The UK Government accepted changes to the Agriculture Bill to resolve that to the satisfaction of the Scottish Government. I hope the Minister will see fit to do likewise with these proposals.

[Mr Sweeney]

I support new clause 3, which seeks to devolve control of the Scottish aspects of levies imposed by Seafish to Scottish Ministers. Inter alia, it would require confirmation from Scottish Ministers for levies imposed in relation to fish or fish products landed in Scotland, or transhipped in Scottish waters, and allow Scottish Ministers to increase the rate of such levies by order.

It seems that the new clause makes sense and would allow Scottish Ministers to determine the rate of levy that best suits the industry in Scotland. The purpose of devolution is to allow for degrees of variance to best suit that country’s interests, and the new clause achieves that. We will support it.

--- Later in debate ---

[George Eustice]

As with the earlier amendments, I disagree with new clause 3. It goes beyond what was recommended by the Smith Commission, which looked at this issue as recently as 2014. There is no industry support for devolving the Seafish levies. Scottish Ministers already have responsibilities towards Seafish, including with regard to appointments to the board, which are agreed across all four Administrations of the UK. As I said earlier, there is already a Scottish advisory committee to Seafish. It is not appropriate to start to have different levies when parts of the fleet will land fish in different ports around the UK. That would create an unacceptable level of bureaucracy for a relatively small organisation such as Seafish.

[Alan Brown]

Did the Smith Commission really look at this and the likes of the red meat levy in detail? What recommendations did it make about the red meat levy?

[George Eustice]

It did look at the issue in detail. The then Scottish Minister, Richard Lochhead, made strong representations about it. In particular, I remember that he wanted to introduce a levy on salmon producers in Scotland. That was one of the thoughts behind the change that he advocated. Those suggestions were considered by the Smith Commission, but rejected. I believe that we should accept that decision, as it looked at the suggestions in detail, and I oppose new clause 3 for that reason.

[Alan Brown]

I was hoping for a more conciliatory tone from the Minister when I raised the example of the red meat levy, where the UK Government changes were very welcome.

[George Eustice]

The position with the red meat levy is different. Scotland and Wales feel that they do not get a fair share of the levy because the animals come from there and travel across the border to be slaughtered, and the levy is collected at the point of slaughter. That is not the case with the way that the seafood levy is collected. This is a different issue, about whether it is appropriate to devolve those particular levy charging functions. We do not believe it is.

[Alan Brown]

I take the Minister’s point about the geographical nature of the red meat levy, and there were concerns that my new clause was about only Scotland, so I accept that. Nevertheless, I will press the new clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Luke Pollard]

I beg to move, That the clause be read a Second time.

The debate on new clause 25 was a good one, and we can always revisit it. This new clause is about the duty to co-operate. The Minister has already decided that there is no need for a dispute resolution mechanism in relation to the different national fishing authorities in preparing the joint fisheries statement, or the Secretary of State’s fisheries statement—a position that the Opposition disagreed with. In the event of not having a system for resolving disputes, it would be important to have a duty to co-operate in the Bill.

The amendment has been drafted with the support of the Blue Marine Foundation. The CFP provides the glue that currently holds UK fisheries governance together. Without it there is a danger that the various devolved Administrations, the MMO and the IFCAs will draft different regulations, since they will essentially have control over their own areas with no statutory obligation to speak to anyone else or have due regard to what happens in neighbouring waters. The effect of this fracturing of regulation was highlighted by the Pitt review after the catastrophic 2007 floods, where administrators had differing operational practices and poor communication within them. The new clause seeks to resolve that in relation to fisheries.

The fracturing of regulation was deemed to exacerbate the harm caused by flooding. Marine regulation faces the same problem. Two different landing sizes for the same species in different adjacent areas, for instance, would have the effect of making some regulations inoperable and confusing. Without a duty to co-operate, fisheries administrations would be acting together in an ad hoc manner and co-operation would be seen as an add-on to their core purpose. This duty would put co-operation at the centre of the administrations, where it needs to be.

The new clause is similar to section 13 of the Flood and Water Management Act 2010, which followed the recommendations of the Pitt review. It does not replace the arrangements of the CFP but would go part of the way towards putting EU law into workable UK law.

[Alan Brown]

Given that we already have co-operation on the joint fisheries statement, can the hon. Gentleman explain how his new clause would create an additional level of co-operation?

[Luke Pollard]

Effectively, because the Government have decided to vote down the very sensible proposal of having a dispute mechanism to resolve any disputes in preparation of the joint fisheries statement and the Secretary of State’s fisheries statement, the new clause seeks to ensure that all national fisheries bodies have a duty to co-operate and that there is no dispute in the preparation of the joint fisheries statement policies. That is why it is so important that an obligation to co-operate is placed on all authorities, to avoid some of the disputes that we otherwise anticipate, especially in the complex waters between England and Scotland, and ensure that the Scottish and English fisheries authorities can set appropriate levels.

[Alan Brown]

How would we define and assess that co-operation, and who would make the call on how effective it is? I might argue, for example, that the UK Government are not co-operating on a certain aspect, whereas the UK Government might say, “Well, we are co-operating.” Different people would have different perceptions. How would this function in reality?

[Luke Pollard]

The duty to co-operate is a well-established legal text within primary legislation, so there is already an established understanding of what that means. On that basis, I will sit down and let the Minister respond.