Fisheries Bill (Fifth sitting)

Alistair Carmichael Excerpts

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

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I will speak to amendment 36 in addition to amendment 78. It is an honour to speak on behalf of the Opposition, not only as Labour’s shadow fishing Minister, but as an MP who represents a constituency that has nearly 1,000 fishing jobs in both the catching and the processing sectors. The Bill is a missed opportunity, and although we do not oppose it we have tabled a significant number of amendments to improve it and reflect the changes that the industry needs from a new regulatory framework. We seek to ensure that there are enough fish to catch in our ocean, and that the industry is truly sustainable, both economically and, importantly, environmentally.

There is perhaps just one sector of our entire United Kingdom economy that could be better on day one of Brexit—fishing—but only if we can ensure that our fish exports to markets are free of burdensome and expensive customs checks, and free from tariffs. Brexiteers and those behind the 2016 referendum made much of promises to the fishing industry, and Labour’s amendments seek to make real many of the promises that were made during the leave campaign, and since by Ministers, but that are missing from the Bill as drafted. Labour wants to work constructively with the Minister to improve the Bill, and I hope that he does, too.

This is a once-in-a-lifetime opportunity to start afresh and create a truly world-leading fisheries policy, and we must not waste that opportunity. There are good things in the Bill that we want to support, but there are far too many missing pieces. As I said on Second Reading, the Bill smacks of something that was pushed out hurriedly to ensure that a regulatory framework is in place in the event of a no-deal hard Brexit.

The Secretary of State for Environment, Food and Rural Affairs has committed the UK Government to leaving the natural environment in a better state than we found it, and rightly so. That is good and welcome, but we need more than soundbites—we need action, and many of our amendments would put such measures into legislation. There are significant concerns about the gap between the Government’s stated ambition, as set out in the White Paper, to deliver world-leading fisheries, and the duties currently in the Bill to deliver that goal. It is critical for the health of our oceans that the Bill includes a duty to deliver sustainability objectives as set out in clause 1. Without such a duty, targets are established but there is no clear obligation on authorities, other than the Secretary of State, to deliver them. There should also be a requirement for annual updates on progress made against those objectives.

Amendment 36 is vital. I am glad that the hon. Member for Waveney tabled a very similar amendment. He and I may sit on opposite sides of the House, but we have both spent a lot of time listening to our fishing communities in our respective constituencies, so we seem to be doing a cross-party tag team on many of our amendments. The purpose of the Opposition amendment is to place a legal duty on any public authority with any fisheries-related function to achieve the objectives set out in the Bill. Without such a duty, objectives are established but there is no clear obligation for authorities to deliver them. The Opposition seek an explicit carry-through of duties, rather than an implied or suggested one, as is currently the case.

We heard last week from Debbie Crockard, senior fisheries policy advocate for the Marine Conservation Society. She said:

“The ambition here is for world-leading sustainable fisheries management. At the moment we do not have a duty in this Fisheries Bill to meet the objectives in the Bill. Those objectives cover a lot of very good things—sustainability and a precautionary approach—but without the duty there is no clear obligation to deliver those objectives. Without that clear obligation you are in a situation where they might not be met and there is no obligation to meet.”––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 80, Q157.]

Our amendment would make a simple but effective change. We are pleased with many of the words in the objectives, but it is important that we carry those through. I would be grateful if the Minister would say how he will ensure that those objectives are properly implemented and do not just exist on paper in the Bill.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I commend the hon. Members for Waveney and for Plymouth, Sutton and Devonport for tabling these amendments, which deal with an important point. I have a concern about what is described in the briefing we received today from Greener UK as a “fundamental flaw”. The more I think about it, the more I understand that to be the case. The concern is that public bodies currently have to act in accordance with the joint policy statements. That may be good in so far as those statements marry up with the Bill’s objectives, but it leaves rather a lot depending on the content and substance of the statements.

The advantage of the amendments, which are essentially the same in their import, is that they would place a duty on public bodies to have regard to the objectives. Those objectives are good—there is broad consensus that they are exactly the objectives we ought to set in respect of fishing policy. It seems to me that tying public bodies into the objectives, rather than just the policy statements, is a good idea that would strengthen the Bill significantly. I suspect such a provision might have been put in the Bill anyway, had it spent a little longer in the oven of Government.

I am interested to hear the Minister’s thinking. I do not know whether the hon. Member for Waveney intends his amendment as a probing amendment, but Members inevitably will wish to return to this matter, either in Committee or at a later stage.

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

It is a pleasure to start with this very important clause, which sets out our sustainability objectives. I hope I am able to reassure hon. Members that the two amendments are unnecessary because of other provisions in the Bill.

The fisheries administrations are already covered by the joint fisheries statement and, in the case of England, the Secretary of State’s fisheries statement. Clause 2 sets out a clear requirement to publish a joint fisheries statement explaining how we intend to achieve the objectives set out in clause 1. Clause 6(1) contains a requirement that the functions of national authorities must be carried out in accordance with the joint fisheries statement.

One of my issues with amendment 36 is that it uses the words “must have regard to”. I believe that the structure we have put in place—with a joint fisheries statement that explains in great detail how we intend to achieve the objectives, is regularly reviewed, can be updated when circumstances change, and must be followed—is more powerful than saying simply that authorities must have regard to the objectives. We want this to be an obligation that we seek to follow in the best possible way, while recognising the complexity of the marine environment and how things are subject to change.

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[George Eustice]

I concede that I started this by mentioning clause 6, but I did so in the context of obligations that were to give effect to the measures in clause 1—we will return to that issue in further detail later on.

My third point is that the Environment Agency has a role when it comes to fisheries, and particularly freshwater fisheries—for example, the regulation of salmon. It is covered by separate legislation, and the Environment Act 1995 places a duty on the EA to promote the conservation and enhancement of the natural beauty and amenity of inland and coastal waters, and land associated with such waters, as well as the conservation of flora and fauna that are dependent on the aquatic environment.

For the reasons we have set out, we believe that the joint fisheries statement and obligations in clause 6 already give effect to the obligations and objectives in clause 1. Public bodies that are not covered by the joint fisheries statement are covered by other legislation, notably the Marine and Coastal Access Act 2009 and the Environment Agency.

[Mr Carmichael]

I am grateful to the Minister for giving way, as I sense he is coming to the end of his remarks. Will he confirm that the contents of the joint policy statement could be subject to judicial review?

[George Eustice]

Lots of things in our constitution are subject to judicial review. If a joint fisheries statement were published and there was some doubt as to whether those objectives were being delivered, there is always a basis in our constitution for that to be legally challenged. However, I believe we will be able to work together with all Administrations to ensure that the joint fisheries statement sets out how we intend to deliver our objectives.

On the right hon. Gentleman’s point about why we chose to do that via a joint fisheries statement, he will know that the marine environment is a very dynamic place where new challenges present themselves. To have a dynamic, detailed plan that is updated periodically and remains relevant, which refocuses us on our objectives and learns lessons from what may or may not have worked, is more powerful than the two amendments would provide.

[Mr Carmichael]

The Minister is being generous with his time. He sets out a process that we hope would be followed in optimum circumstances. In fact, very often that is not the case; other considerations come into play. We have to produce legislation suitable to deal with the worst possible circumstances, not just the base that we hope for. Surely, the advantage of putting this into the objectives, rather than just remaining with the policy statements, would be that those who wanted ensure that the policies meet the objectives would not have resort to that sort of expensive legal procedure.

[George Eustice]

I simply believe that the approach we have set out, of a joint fisheries statement that can be regularly updated and can express in great detail how we intend to deliver those objectives, is more powerful than a simple addition to the clause. In this Bill we give legal effect, via the joint fisheries statement, for a requirement on Administrations to follow those objectives.

There are occasions, as the right hon. Gentleman will know from his constituency, when we have to do annual fisheries negotiations with Norway and the Faroes, and we have to do the coastal states negotiations on issues such as mackerel. Sometimes, countries such as Norway use other scientific measures, although maximum sustainable yield is one of their approaches, too. Sometimes, we have to reach an agreement, and if we are too inflexible in our approach to reaching an agreement with countries in those circumstances, everybody unilaterally sets their own quota and goes their own way, and the marine resource suffers. It is important that our plan has the flexibility to enable us to reach a settlement with our near neighbours such as Norway and the Faroes.

I hope I have been able to persuade hon. Members that the approach we have set out deals with the intention behind the two amendments, and that they will not feel the need to press them.

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[George Eustice]

I do not believe the amendment is necessary, for reasons that I will set out. I will describe in a moment what we intend to do on quota allocation.

As the hon. Member for Plymouth, Sutton and Devonport highlighted, case law in this area is very clear. We have an unwritten constitution, elements of which do not need to be put in statute. We do not need to put in statute that Parliament is sovereign. We do not need to put in the Bill that fish live in water. Certain things are facts, not objectives. We do not have an objective to make fish a public asset; it is a statement of fact that they are a public asset, and our common law tradition enshrines that.

The case law is very clear. The UK Association of Fish Producers Organisations brought an important test case in 2013, when my predecessor moved some quota. Mr Justice Cranston, the judge who took the case, noted Magna Carta and what it sets out, and its implications were that fish stocks are a public resources. As he stated:

“Consequently, there can be no property right in fish until they are caught.”

The nature of our unwritten constitution, our common law tradition and our case law make it clear: fish are a public asset. Furthermore, articles 2 and 56 of the United Nations convention on the law of the sea recognise that coastal states have sovereign rights over their resources, including fisheries in their territorial waters and exclusive economic zone, and we are signatories to that convention.

I do not believe it necessary, but I wish briefly to explain why in our White Paper we set out clearly that fish are a public asset. As we diverge from relative stability shares and additional fishing opportunities come in, we have been explicit that those new fishing opportunities will not be allocated along current fixed quota allocation lines, and that initially, as a first step, we will allocate the quota differently. We are considering a number of measures. First, we could put additional fish into the under-10-metre pool—the inshore pool—to give extra fishing opportunities to our smaller inshore fleet. Secondly, other parts of the Bill we set out an ability for us to use some of that additional quota to create a national reserve to help manage the landing obligation and deal with the problem of choke species and discards. Thirdly—again, this is set out elsewhere in the Bill—we have outlined the possibility for a producer or organisation to tender for fishing opportunities for a year or a number of years, based on their track record on issues such as creating opportunities for new entrants, their sustainability, the amount of benefit they deliver for coastal communities and so on.

We have been clear that new fishing opportunities will be allocated differently. In the longer term and once we have established alternative methodologies, if we gave sufficient notice—the judgment I mentioned earlier suggested that the Government would need to give seven years’ notice to people who currently hold FQA units—it would be possible gradually to start to move away from the FQA system altogether. We do not want to do that expeditiously, for the reasons set out in our White Paper. Complex business models have been built under the current FQA regime, and people have borrowed money to buy vessels with FQA units attached. As we leave the EU, a lot of changes will already be happening and we do not want to compound them by destabilising the system entirely. We have been clear that we will stick with existing FQA units for existing fishing opportunities, but we will diverge from that over time. To do that, we must simply give notice in a policy statement or document that we intend to do so; it does not need to be placed in the Bill.

[Mr Carmichael]

Would the insertion of the amendment prevent the Minister from doing that?

[George Eustice]

It would not, but nothing in the amendment is necessary, and when we draft legislation, it is important to include that which is necessary. Arguably, there would be nothing wrong with a piece of legislation that stated “Parliament is sovereign”, except that that which can be given can be taken away. We have an unwritten constitution and a common law tradition in this country because there are certain things that we do not want to call into question by including them in a Bill. We certainly do not want to downgrade this to a mere objective when it is about a long-established right and a national resource that cannot be turned into a property right, and that is a long-standing point in our constitution.

I understand the thinking behind the amendment and the points raised by the hon. Member for Plymouth, Sutton and Devonport. I hope I have been able to reassure him that is unnecessary and, more important, that I have enlightened him of the Government’s intentions and approach as we move to a new system and regime for allocating quota.

[Mr Carmichael]

I confess I was not much exercised about this amendment until I heard the Minister’s explanation of why the Committee should not accept it. The Minister says that we do not need to put in the Bill the fact that fish swim in the sea. That is absolutely correct, but that is different from parliamentary sovereignty—the other example he cited. If I dredge the depths of my memory, that is the difference between a praesumptio iuris and a praesumptio iuris et de iure: there are some things that are irrefutable—fish swim in the sea, for example. Parliamentary sovereignty is not necessarily part of nature; it is part of the decisions we take. Jurists have wrestled with that for centuries.

Our own definition of parliamentary sovereignty has changed many times over the years. The whole question of sovereignty is seen differently in different parts of the United Kingdom. It is well established in Scots law that sovereignty is vested in the people and given to Parliament; the Diceyan definition of parliamentary sovereignty is not necessarily accepted. I did not particularly anticipate employing this line of argument, but as the hon. Member for Pontypridd said, the Minister started it.

[The Chair]

We are slightly off the topic.

[Mr Carmichael]

We are, but if the basis of parliamentary draftsmanship is that the Government will do things only that are necessary, that is quite welcome. However, given the direction of travel of legislation over the 17 years I have been in the House, that would be a fairly normal one and something of a departure from the way we have done things recently.

The Minister brought forward various policy objectives that would sit well in the policy statements at that point, but I do not see anything that contradicts the need for this to be put into the policy objectives. Whereas initially I was of the view that this was not something of greatest moment, now I understand the reasons why the Government resist it I am somewhat more impressed with the idea behind it.

[The Chair]

Does the Minister wish to reply?

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[Luke Pollard]

Fish is a public asset and that should be in the Bill. That is the position of my hon. Friends, and I am disappointed that we have not been able to find a form of words to convince the Minister to be clear that fish is a public asset and should be in the Bill. This is one of the fundamental principles that fishers say to me when I go down to the quayside in Plymouth: they want the Government to come to an honest set of words that says, “Fish is a public asset.”

[Mr Carmichael]

The hon. Gentleman and I need to challenge the assertion that the inclusion of an asset is a downgrade from what was already there in common law. There is no such thing. All it says is that this is a fisheries objective; it does not change the status of public assets or the view of fish being a public asset in the way of jurisprudence.

[Luke Pollard]

I agree with the right hon. Gentleman. We need to make that clear, because this is not a Bill that seeks just to refresh and update the regulatory environment around fishing. It is a Bill laced with politics and other meaning, because of the importance of fishing to the Brexit debate. That is why setting a tone for fishing is so important.

The Minister claims that that is not necessary, but it is certainly desirable. We should ensure that the Bill, and all the fishers who will be governed by it, have a sense of the Government’s priorities. Having fishing as a public asset should be high up as one of the key priorities of the Bill and the Government. It is fine to mention it in statements, which we will come to in due course, but being clear that fish is a public asset should be at the front of the Bill, because that is what our fishing communities want it to be. That is why I will not withdraw the amendment but will push it to a vote.

Question put, That the amendment be made.

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[Luke Pollard]

My hon. Friend is exactly right. It is important that we set high levels of safety standards for all fishing boats in UK waters, whether they are UK or foreign-registered. The highest safety standards, including wearing lifejackets with personal locator beacons, should be something that we demand. I would like to see every fisher in UK waters wear a lifejacket with a personal locator beacon. I want to stress the feedback from families of fishers who have been lost at sea. Wearing a lifejacket with a PLB might keep someone alive if the boat sinks or they go overboard, but if the worst happens and that life is lost, the PLB means there is a body for the family to bury or cremate. It is important that we recognise that feedback from families. There seems to be universal agreement that PLBs attached to lifejackets are a good thing, but we know that there is a cost to fishermen of buying new lifejackets with PLBs and registering them. That is why we have tabled the amendment, to make it clear in the Bill that marine safety is important.

Our amendment also deals with the subject of modern slavery. As well as enhancing safety standards, the amendment would address the minimum wage and tackle the issue of modern slavery, which unfortunately can persist far out at sea. Only last year in December, nine African and Asian crew members working on a pair of British scallop trawlers were taken to a place of safety by police as suspected victims of modern slavery. The men were alleged to have worked unlimited hours at sea with very little rest. That is why it important, when we deal with marine safety, that we recognise the pernicious behaviour of those people who are engaged in modern slavery. We need to ensure that has no place in the UK fishing industry, by including it in the Bill. The Prime Minister herself has championed the case against modern slavery. I am certain that if the Prime Minister, who does not seem to have much going on today, were serving on the Committee, she would vote in favour of the amendment, to support action against modern slavery and ensure not only that our fishing industry is as safe as such a dangerous pursuit can be, but that there can be no examples of modern slavery in it.

[Mr Carmichael]

Like many Members of this House, I am often wary about using legislation to send signals, because most of the time I do not think it necessarily ends well. However, from my experience personally and as a constituency MP, I think the hon. Gentleman’s amendment would send a very important signal, so I commend him for tabling it.

One of my formative experiences in the area came when I was still in legal practice. I was instructed to appear at a fatal accident inquiry at Lerwick Sheriff Court on behalf of a family from Banff, or perhaps Macduff, whose son had been swept overboard from a trawler, the Alandale, which is no longer at sea. In a force 7 or force 8 gale, the young man had gone over to the ledge around the side of the boat to fix a trawl door. The boat was hit by a big wave—a lump of water—and he was washed away. The skipper said that the crew saw a flash of orange oilskin in the water, but that was the last they saw of him. They looked for him for some time, but the search was ultimately futile.

When I was instructed in that case, the grief of the young man’s parents formed my view, which I hold to this day, that the matter requires our attention and every possible signal needs to be given. The other thing that struck me during the fatal accident inquiry was the evidence of the other deckhand, who was still in his late teenage years. He said that for a few weeks after the incident, he had worn a life vest of some sort; when asked on cross-examination why he had stopped wearing it, he said that he had been subject to ridicule from others in the industry. Nobody of that age, and nobody who had witnessed what that young man had witnessed, should be subject to such pressure. I have noticed that the situation has improved since, but there is still a lot to do. I still hold the view that there is a job of education to be done within the industry, and making it an objective of the Bill would be a significant improvement.

Locator beacons are another matter that I have formed a view on over the years as a consequence of my experience of dealing with families. One constituent, with whom I worked for some years, had a brother working on a single-handed creel boat who was caught in a rope—we think—when shooting his creels and went over the side of the boat, which was on automatic pilot. The boat was eventually found a considerable distance from where the family thought he had been fishing. A locator beacon would not have saved his life, but it would have saved his family immense pain and grief to know sooner where he was. It is a relatively small and inexpensive innovation, but it highlights the importance of putting safety objectives in the Bill.

Finally, let me make a point about modern slavery. The modern slavery that we have identified in the fishing industry has generally been a consequence of the operation of transit visas in relation to crews of non-European economic area nationals. The hon. Member for Plymouth, Sutton and Devonport has heard me speak about that in the House times without number. It is a ridiculous use for transit visas and the Government should get real and identify the need for non-EEA nationals to be employed in the industry, and make a sectoral provision about it.

If the objective were included in the Bill, arguably the Home Office’s current approach to visas for non-EEA nationals would be in breach of it. For that and other reasons, the proposed change to the Bill is eminently sensible and supportable.

[Brendan O'Hara (Argyll and Bute) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Gray.

The right hon. Member for Orkney and Shetland is right. Any of us who represent fishing communities know the devastation that can be caused when a boat is lost. Indeed, just at the start of this year in my constituency, the Nancy Glen sank off Loch Fyne with the loss of Duncan MacDougall and Przemek Krawczyk. The devastation felt is something I never want to see again. Anything that improves safety on board has to be supported.

I question the amendment in relation to wages and salary protection, but the SNP supports the principle. The Scottish Government—notably Fergus Ewing, the Cabinet Secretary—have written to industry stakeholders along those lines and spoken to the Government and officials about regularising the visa situation to ensure that non-EEA workers are subject to UK employment law. We are keen to get full implementation of ILO 188, the International Labour Organisation work in fishing convention. We have concerns that the wording of the amendment means it would not apply to the many fishermen who are self-employed, or to the significant proportion of the industry who are share fishermen, to whom such things as the national minimum wage do not apply. We need to ensure that anything in the licence works in tandem with existing law and check the exact implications of the amendment.

It is complex, so although we agree with the spirit of the amendment, particularly about safety on board, we must ensure that we get things right. If the amendment is pressed to a vote we shall support it but, if the hon. Member for Plymouth, Sutton and Devonport does not press it, we will have an opportunity to work on a proposal covering more of the industry. We could work on that together and perhaps bring it back on Report.

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[Brendan O'Hara]

Although these are all good aspirations, and we recognise the need to continually improve our data and the need to contribute to better science, we have concerns about some of the practical aspects. For example, who will pay for the very costly technological change that is proposed? I also question whether primary legislation is really the place for determining such scientific measures.

I caution that some of the technological measures are still in their infancy or, in some cases, not yet possible. For example, as I understand it the knowledge around identification and sizing of catches has only just been developed in terms of camera technology.

Finally, is it not for the devolved Administrations of Scotland, Wales and Northern Ireland to determine how to collect data, and indeed what data is to be collected? I fear that the amendments might inadvertently cut across that devolution settlement.

[Mr Carmichael]

To pick up on that last point, my amendment is probing, albeit with a serious purpose at its root. Essentially, the problem is that for years we have had conflict between what fishermen believe is in the sea and what scientists say is in the sea on the basis of the data that they have. The data that would be produced by the full documentation of catches—which is an important principle, whichever jurisdiction we are dealing with—would be the best possible evidence. It would be in the interests of the industry, and it would certainly be in the interests of the scientific community as a whole.

For years, I have complained about the fact that the source of the conflict between the industry and the scientists is that much of the data collected is almost two years old by the time it is used for the purposes of decision making. We know the situation in the marine environment can change massively over that time. As a consequence, we have a mismatch between the scientific evidence and what fishermen believe is in the sea.

What we propose would allow for a much earlier “quick and dirty” analysis of what is in the sea, and would offer the opportunity of different fisheries management systems. At the moment, given the way in which we use science, I would be very cautious about the idea of moving to anything like a real-time closure, for example. The science, of course, is always evolving and improving, but this is not a novel process; this approach is taken in a number of other fishing jurisdictions. If reliable data is coming from the industry itself, the objectives of real-time fisheries management will be much more easily achieved.

Amendment 24, which stands in my name, is probing, but it strikes at the heart of the approach that the Government will be taking, especially in later parts of the Bill, which deal with the practical ways in which fisheries management is to be undertaken. The National Federation of Fishermen's Organisations, for example, is keen to see the creation of advisory councils.

[George Eustice]

I will begin by setting out what is required now, what regulations we will have as a starting point, and some of the things that the Government are already doing in this area. First and foremost, the EU Withdrawal Act 2018 will incorporate all existing EU rules on data collection on to our domestic statute book. A significant amount of data is already collected: for instance, vessels over 10 metres in length are required to provide logbook data, which includes details of fishing activities, the catch, the type of fishing gear used, and the area where the fish were caught. Landing declarations are required, with information on the weight and representation of fish, and sales notes on the first sales of fish are also required. There is a comprehensive system of data collection, right from the point of catching and where those fish were caught, through to sales.

We have taken some steps in the past year to begin to improve data collection on the inshore fleet. Traditionally and currently, the under-10-metre fleet has been required to provide only sales notes. We have said that from next year, we will introduce a requirement for IVMS on inshore vessels, so we will know where those vessels are catching their fish. We will also introduce catch reporting as part of a step towards a new settlement with the under-10s: we intend to give them more quota but, in return, have a better understanding of how they are fishing and what they are catching. I believe that through those steps, by extending some of those provisions to the under-10-metre fleet, we will improve the documentation of where fish are caught and how they are caught.

The amendments are unnecessary, because they attempt to dip a toe into the type of detail that would be covered, in my view comprehensively, through the joint fisheries statement. Under that statement, we would have to demonstrate how we are delivering on that scientific objective. That is inevitably going to include how we are funding fisheries science, what the priority species are to move from a data-limited assessment to a full MSY assessment, what the challenges are, and what other issues we need to address. The matters that the hon. Member for Plymouth, Sutton and Devonport seeks to cover in the scientific evidence objective should be picked up in much greater detail in the joint fisheries statement.

On the point made by the right hon. Member for Orkney and Shetland, who has lots of fishermen in his constituency, as long as I have been in post, I have been told that the scientists are always out of date and do not know where the fish are anyway, so they send survey vessels to the wrong place. I have looked at the issue in depth. We use a range of data, as Dr Carl O'Brien pointed out. We look, in real time, at landings data and the size of the fish being caught. There is the Endeavour—the survey vessel that CEFAS operates out of Lowestoft, in the constituency of my hon. Friend the Member for Waveney—which goes to the same grounds every year to sample fish. There is an important reason for that: although the fish might move, there has to be a consistent yardstick to assess the same area; otherwise the control and the ability to monitor trends are lost.

That is not the only data that the scientists use. They use landings data and the survey vessel that goes to the same locations, but they also place observers on fishing vessels with the fishermen who say, “We know where the fish are and CEFAS don’t,” so we are monitoring that as well. We will never perfect the science, but the algorithms and models that the International Council for the Exploration of the Sea uses to predict stock trends factor in that some of the data may be a little dated. A constant refrain of fisherman is that the science is out of data and the scientists are in the wrong place anyway but, although we will never get it perfectly right, we do everything that we can to mitigate the types of effects that the right hon. Member for Orkney and Shetland described.

[Mr Carmichael]

The Minister actually makes the case for moving towards full documentation of catches very well.

[George Eustice]

As I explained earlier, we already have full documentation of catches on the over-10s, and next year we will introduce full documentation of catches for the inshore fleet. A linked issue is so-called remote electronic monitoring, which is basically cameras on vessels. Other parts of the Bill give us the power to require cameras on vessels, which could improve our abilities on enforcement and data collection.

We have the ability now, which we will retain in future through provisions in later clauses, to make real-time expeditious changes where required. We have had, for instance, issues with spurdog bycatch in parts of the west country. We had a successful spurdog bycatch avoidance programme, which was put together expeditiously in partnership between CEFAS and the industry in the west country, to assist fishermen to avoid those bycatches or to help them deal with them when they have been unable to avoid them.

I hope that I have reassured the right hon. and hon. Gentlemen of our progress in that area and of our commitment to science. The joint fisheries statement will cover those issues in greater detail.

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[Luke Pollard]

I can deal with this quickly. The amendment relates to adding fishing opportunities or entitlement to the provision that is already in clause 1(7), so there can be no get-out-of-jail card. Fishers expressed concerns about ensuring that we have as robust a set of criteria as possible for foreign boats having access to UK waters. In the amendment, we ask the Minister to ensure that the clause and the criteria are as robust as they can be.

[Mr Carmichael]

Amendment 30, which stands in my name, is probing. I confess that its genesis is in briefings from the National Federation of Fishermen’s Organisations. I eventually tabled it because, on balance, it is an important issue that needs to be teased out. The amendment may not be the ideal way of doing it, because the enforceability of the duties of the other Administrations—Scottish, Welsh and Northern Irish Ministers and Governments—is questionable, but the thinking behind it is important.

Essentially, given the devolved nature of fisheries and the fact that we will have the objective of equal access, we have to find a way around the conflict between the different systems that will be put in place in the different jurisdictions. If opportunities for fishing are to be taken up in England by boats from Scotland, or vice versa, or in Northern Ireland by boats from the west of Scotland, or vice versa, we need to find a way to ensure that the regulation is as accessible as possible.

Devolution is a good and worthy objective, which my party has supported for many years, but it can occasionally trigger the law of unintended consequences. If we do not manage the different systems in good faith, the people who have to comply with or enforce the regulations may be left in a difficult position. That is the issue that we seek to bring to the Minister’s attention by way of the amendment. I will not press it to a vote, but I am interested to know how exactly he envisages that will work in everyday, or every year, fisheries management considerations.

[George Eustice]

To address the amendments, I probably need to explain how quota flows through the various systems at the moment from the point at which it is created internationally. Both amendments stumble into the thorny area of our devolved settlement, as the right hon. Gentleman pointed out.

As an overarching point, we have sought to achieve through the Bill a system that enables us to manage our fisheries domestically in a way that respects the devolution settlement that has been established. To be honest, we sometimes have particular challenges in fisheries, because on one level they are about international agreements with other countries, which are a reserved UK competence, but on another level many elements of fisheries management have been devolved. In some areas, it has been challenging to put together arrangements that ensure that we have a UK framework, where it is needed, in a way that respects the devolution settlement, but I believe the Bill achieves that.

Let me explain how quota is created. First, we have an international fisheries negotiation between the UK and the EU, or the UK and a third country in the future, where, species by species, a total allowable catch and an allocation to the UK of that TAC are agreed. The UK Government then allocate that quota—our share of the TAC—to the devolved Administrations, currently following FQA units attached to the vessels where they are registered. That means we give Scotland, Northern Ireland and Wales an allocation of quota. How they allocate that within their fleet is then a devolved competence.

A few years ago, the Scottish Government did a consultation on moving away from the FQA unit approach and allocating quota in a different way. Although they ultimately stepped back from that, it is a devolved responsibility for them to decide how to allocate that bit of the quota that the UK Government have allocated to them. The difficulty with both amendments is that they cross a line in terms of the devolution settlements, because they start to fetter the ability of the Scottish Government, the Northern Ireland Administration or the Welsh Government to allocate their own quota in the way they see fit.

We intend to pick up these sorts of issues through the joint fisheries statement. Indeed, we already wrestle with these challenges and we have a concordat and memorandums of understanding to manage these issues. Sometimes we have some tension between Scotland and other Administrations over where vessels are registered and where they are fishing, which can lead to disputes that we have to resolve. Due to the nature of our devolved settlement, the one thing we have become used to in fisheries is finding a way through the concordats, the memorandums of understanding or, in future, the joint fisheries statement. The challenge that both amendments alight on is not new; indeed, we have wrestled with it for some time. The solution to the problem lies in the joint fisheries statement that will set out common understandings in the way we approach these particular issues.

While I recognise that both amendments highlight an important issue, the issue goes wider than the Bill because it goes right to the heart of the devolution settlement. One thing we resolved not to do with this Bill is to attempt to rewrite or overturn the devolution settlement. In the absence of that, the joint fisheries statement is our solution to some of the problems the right hon. Member for Orkney and Shetland has highlighted.