Fisheries Bill (Tenth_PART2 sitting)

Debate between Alan Brown and Luke Pollard

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

[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.

Fisheries Bill (Tenth sitting)

Debate between Alan Brown and Luke Pollard

Monday 17th December 2018 Public Bill Committees

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

The amendment refers to Scottish Ministers. Will the hon. Gentleman explain how it would work in practice? Who would decide whom Scottish Ministers had to consult? If they were somehow deemed not to have consulted the relevant stakeholders, what would be the repercussions? Would the matter be reported back to the Westminster Government? Clearly the Scottish Government are responsible for their own legislation.

[Luke Pollard]

I am sure that the hon. Gentleman is not trying to suggest that the Scottish Government would make any regulations without consulting Scottish communities.

[Alan Brown]

Correct.

[Luke Pollard]

Therefore the point should be moot. The important thing is how disputes are regulated and managed in the Bill. We need to ensure that it gives confidence to environmental stakeholders operating in the sector, whether they are businesses, fishers or coastal communities, that they will be adequately consulted before any regulations are made under clause 39. It is an important principle to enshrine in the Bill that there must be sufficient good-quality consultation before any regulations are made.

Fisheries Bill (Eighth sitting)

Debate between Alan Brown and Luke Pollard

Thursday 13th December 2018 Public Bill Committees

[Luke Pollard]

I beg to move amendment 106, in clause�20,�page�11,�line�28,�at end insert�

�(5A) After that paragraph insert�

�1A The relevant national authorities shall distribute fishing opportunities made available to them, and may redistribute any fishing opportunities that were made available to them prior to the United Kingdom exiting the European Union. Any such distribution and redistribution must be carried out according to social, environmental and local economic criteria following national and regional consultation from relevant stakeholder advisory groups, including representative groups from across the fishing fleet, scientists, and environmental groups.��

This amendment would allow the redistribution of existing fishing opportunities, would also set criteria for the distribution of future and redistribution of existing fishing opportunities and require consultation.

Amendment 106 relates to the redistribution of fishing opportunities. A key aim of the Bill is ultimately to create a fairer system, and Members will forgive me if I take a moment to read out why it is so important. This is a key amendment for Opposition Members, and one that we believe would, if taken up, have a transformational impact on the health of our oceans and on the local economies of coastal communities right across the UK.

The logic of the amendment follows from the principle of fish being a public good, which, as we have just discussed, is not yet on the face of the Bill, but is something we all agree on. To acquire the right to fish, and use that for the public good, there should be a set of criteria that need to be followed to ensure that what we are taking balances out. The current FQA system is broken: half of English quota is held by companies based overseas, the small-scale fleet only holds 6% of quota, and the five largest quota holders�four of which belong to families on The Sunday Times rich list�control more than a third of UK fishing quota. Small boats provide the backbone of our fishing fleet, making up the majority of that fleet. They generally use low-impact gear and provide more jobs per tonne, but their share of quota is limited to around 4% to 6% of the total.

While there may be more fish for the UK after we leave the common fisheries policy, not amending the distribution of quota will exacerbate existing levels of inequality between parts of the sector, and will fail to incentivise best practice. The fixed quota allocation system, which has been heavily criticised for being unfair from the outset, has not been updated since the 1990s. Again, in the words of the hon. Member for Waveney:

�It is commonly recognised that the inshore fleet�the under-10s�has had a raw deal as far as access to quota and fishing opportunities is concerned.���[Official Report, Fisheries Public Bill Committee, 4 December 2018; c. 39, Q69.]

As a result of the existing system, ownership of fishing quota has become increasingly consolidated among larger-scale interests.

I will make the same remarks as I made in yesterday�s debate on the UK fishing industry: in the fisheries sector, we do not talk about small and medium-sized enterprises in the same way as we would in manufacturing, but if fishing were like manufacturing, the small boats would be the SMEs of our economy. There would be a much greater focus on the support system given to them, the investment into them and the jobs they create, and on making sure that they have the right and fair allocation of quota.

In our evidence session, Griffin Carpenter from the New Economics Foundation said:

�In essence, fisheries have been accidentally privatised. Every year, quota is allocated to the same holders, and there is a legitimate expectation that that continues in future. The Department for Environment, Food and Rural Affairs and other organisations are too scared to break that hold on the quota and say, �This year we will allocate quota differently.� It has not been done; it is basically privatised now the claim is so strong. If there is ever a point to break that link, it is now.���[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 102, Q196.]

I agree with him.

The small-scale fleet has generally been excluded from the FQA system and producer organisations, which has led to the decline of coastal communities and ports. Since 1938�a year I am sure we all remember well�the number of fishermen on UK-registered vessels has decreased by 76%. Fifty years ago, the UK had 50,000 fishers; now we have almost 12,000�a huge decline.

The small boat sector is shrinking every year. Between 2007 and last year, the number of fishermen on UK-registered vessels decreased by 9% from 12,871 to only 11,692. Since 2007, the number of fishermen on English and Scottish-administered vessels decreased by 10%. It has fallen by 22% in Wales, and in 2017, 42% of fishermen on vessels administered in Wales were listed as part time. Under the combination of an unfair system and Tory austerity, which mainly hits coastal communities, or has had a disproportionate effect on them, small-scale fishing activity in coastal communities the length and breadth of the UK is a shadow of its former self.

There is now an opportunity to reinvigorate our fishing industry through better and fairer distribution of quota. Fishing quota provides an opportunity to commercially fish a resource that belongs to everyone. Fishing should be seen as a privilege, not a right, but it has effectively been privatised, as I mentioned earlier. The Bill is our opportunity to change that. We do not want to rob big boats of quota and give it to small boats; we want to use the Bill to create a new criterion for allocating quota based on social, environmental and economic factors.

[Alan Brown]

I acknowledge the opportunity that the hon. Gentleman is talking about. We heard evidence about possible opportunities for some future reallocation. How would his amendment work in principle in terms of the devolution settlement? Would it allow UK Ministers to redistribute Scottish quotas, or would it be an England-only matter?

[Luke Pollard]

I am grateful for that intervention, because it goes to the core of the amendment, which basically sets a different criterion for allocation. At the moment, quota is predominantly allocated on the FQA system. We are suggesting that there should be redistribution based on social, economic and environmental criteria, done on a species-by-species, zone-by-zone basis to take into account the varieties in our different fishing industries around the United Kingdom.

It is important that, when we set the tone for how fishing quotas should be allocated in future, the economic link that I spoke about earlier and the environmental consequences that the hon. Gentleman spoke about earlier are taken into account. That should be done by all fisheries Administrations, not just England or Scotland. It should be done by the entirety of the United Kingdom.

Quotas should be allocated on transparent social and ecological criteria to benefit fishing communities�for example, by offering a greater share for complying with relevant regulations, taking part in data gathering, fully monitoring and recording catches, and complying with discard rules. The UK has always had the ability to reallocate quota to reward particular types of fishing practice or to support broader social or economic goals, but has chosen not to seize the full opportunities that come from that.

Article 17 of the reformed common fisheries policy urged European member states to consider environmental, economic and social criteria when allocating opportunities. It was heralded as potentially revolutionary by senior EU officials when it was launched as part of the overall reformed CFP, but its lack of mandate meant that it failed to be implemented effectively in any EU member state. Greenpeace recently lost a case in which it made that argument in the High Court, but the Bill is a chance to fix that, using fairer criteria for the benefit of the small fleet in particular.

Fisheries Bill (Seventh sitting)

Debate between Alan Brown and Luke Pollard

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

[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.]

Fisheries Bill (Sixth sitting)

Debate between Alan Brown and Luke Pollard

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.

--- Later in debate ---

[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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[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.

Fisheries Bill (Fifth sitting)

Debate between Alan Brown and Luke Pollard

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.