Fisheries Bill [Lords]

Alistair Carmichael Excerpts

Ways and Means resolution & 2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 1st September 2020 Commons Chamber

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

I endorse what the hon. Gentleman says with regard to safety at sea, but there is another aspect to this issue that has become apparent to me recently, through the activities of the “Persorsa Dos”—a Spanish gillnetter that was quite reckless in its conduct off the shores of Shetland recently, endangering the lives of the crew of the “Alison Kay”. The UK Maritime and Coastguard Agency was powerless to investigate that incident because it happened outside the 12-mile limit. Does the hon. Gentleman agree with me, and will he support in Committee moves to extend the jurisdiction of the MCA to a 200-mile limit?

[Luke Pollard]

I thank the hon. Member. I recall during the last Fisheries Bill Committee making the case that foreign boats in UK waters should be adhering to the same safety standards as UK boats. That is an argument that we can pick up in Committee this time around.

I want briefly to look at the quota allocations. In support of zonal attachment rather than relative stability, we need to recognise that this is a complex case. There are fishers with complex historical catch records; that needs to be looked at. That is why we need to make a clear case about how the fishing quota will change over time. Labour has proposed a phased draw-down period, not a rush to reallocate quota. That would give British fishers the chance to invest in new gear and recruitment, as well as giving time—if there is transfer from our EU friends—for those boats to be decommissioned and the workers retrained. Allocating quota in contested waters where there are complex fishing records is difficult, and it is an issue that will require careful negotiation with our EU friends. I want to flag to the Minister that British fishing needs continued access to distant waters to preserve current activities, because it is worth nothing that not all British fishers fish in British waters.

I realise that my time is running out, so let me briefly say that to achieve any of these grand promises made to fishing—not just the ones that have already been broken by Ministers, such as the solemn pledge that fishing would not be in the transition period—we need Ministers to keep to their word and stick to their timetables. Today the Government are a whole two months late on the new fisheries agreement. It was meant to be concluded by 1 July, according to the boasts of their so-called oven-ready deal. We know that the Government think that there are serious concerns about

“illegal fishing, border violations…violent disputes or blockading of ports”

in the event of no deal. What additional resources has the Minister discussed with the Ministry of Defence for allocating to the Royal Navy to protect our fishers, and why is there nothing in the Bill to express the concerns around enforcement?

I want to see more fish landed in British ports, more of it processed here and more of it eaten here. I encourage Members to set an example by buying, eating and promoting local fish. Will the Minister tell the House whether zero tariffs will continue to apply to fish imported from Iceland, Norway and the Faroes? If so, what additional support will be given to our domestic industry?

What are the Government’s plans to incentivise processors to process more UK-caught fish? How will they encourage the biggest players—the supermarkets—to put more British fish on their shelves? I would like to see Tesco, Sainsbury’s, Morrisons, M&S, Waitrose, Asda, Lidl, Aldi and the Co-op selling more British fish. I read out their names deliberately because I would like them to write to MPs to set out how they will sell more British fish, because that is a decision that they can take. We do not need Ministers to take it for them; that can be done by supermarkets and there is a case for their doing that.

Labour will support the Bill while proposing and defending the necessary improvements. It is a shame that the SNP is, with its amendment, playing politics with the Bill. Mock constitutional outrage will not feed the families of fishers in Peterhead or Fraserburgh, and nor would blocking the Bill at this stage help to put in place the legal certainty necessary after 31 December. I say to the SNP that the Government are quite capable of messing this up all by themselves; they do not need the help of the SNP’s amendment. For that reason, Labour MPs will not back the SNP amendment this evening.

On behalf of the fishers I represent in Plymouth and those for whom I speak in my shadow Cabinet role—the fish processors, distributors, merchants, chefs and scientists—I say that we need a Fisheries Bill that is focused on sustainability, viability and a better future for our coastal communities than we have seen for the past decade. We will not oppose the Bill, but we will argue strongly to defend the improvements made to the Bill in the Lords, to insert a new focus on creating jobs in fishing and to ensure that fishing is truly sustainable.

--- Later in debate ---

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I beg to move,

That this House declines to give a Second Reading to the Fisheries Bill [Lords] before it is clear what kind of deal will be made with the EU after the end of the implementation period and because the present approach of the Bill fails to secure a long-term sustainable future for the industry balancing the interests of the environment, the consumer and the producers of this industry which is so vital to the prosperity of fishing ports in Scotland, Wales and the rest of the United Kingdom.

It is always interesting to debate a Bill that comes from the unelected part of this Parliament, which is an unusual concept in a state that likes to imagine it is a democracy, but this Brexit Bill—one of many—will not, in actuality, offer the much heralded control of our waters that the Brexiters claimed it would.

As Lord Hain said during a debate on amendments to the Bill, failure to reach an agreement with the EU by the end of this year will mean that control of the waters around these islands is governed by

“the United Nations Convention on the Law of the Sea—UNCLOS —which requires co-operation and efforts to agree rules on access to waters, as well as setting catch limits and standards on conservation and management of marine resources.”—[Official Report, House of Lords, 22 June 2020; Vol. 804, c. 26.]

That of course means that historical access to fishing grounds enjoyed by fleets from other nations will become part of the new framework, just as it became part of the common fisheries policy.

The sensible solution, of course, is to ensure that there is a deal in place before the end of this year, but the EU will seek to protect the fishing interests of its member states, so that will mean that those foreign fleets have access to our waters. Round and round it goes.

If there is no deal, the very important seafood fisheries will be denied access to their most important market: the EU. Given that those fisheries represent a substantial part of the employment in some smaller coastal communities, that is a very worrying prospect. It is not only bad news for them, though. Boats sailing from ports here will be denied access to waters that they currently access as part of the EU, including, as the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) mentioned, waters outwith the EU that we currently have agreements to fish in as a result of EU membership. It is a bourach, so it is, and it threatens jobs, income and the very survival of some communities.

Of course foreign boats will still have access to our waters, as the current Chancellor of the Duchy of Lancaster made clear when he was at DEFRA. Three years ago, Danish newspapers were reporting him telling representatives of the Danish fleet that they would have access, and, at about the same time, diplomats were telling the Iberian fleets that they would have access. I acknowledge that clause 17 appears to give the Scottish Government the right to control fishing in Scottish waters and the same rights to the Welsh and Northern Ireland Governments, but that is completely undermined by clause 12, which says that a

“foreign fishing boat must not enter British fishery limits”

unless it has a licence, except if there is

“a purpose recognised by international law or by any international agreement or arrangement to which the United Kingdom is a party.”

That means that the devolved Administrations can work however they want to protect and enhance the marine environment and fish stocks. They can plan to protect coastal communities. They can look at ways of protecting jobs in the fishing industry and associated industries. They can put conditions on licences. They can limit fishing opportunities and they can limit catch and species. It means nothing—absolutely nothing—if the UK Government then sign a deal with another trading bloc or other states, which allow them access to our waters. It means nothing if those other fleets insist on their historical rights either, if UNCLOS is invoked and the UK is forced into the accommodation of other fleets, as referred to by Lord Hain. It does not matter how much the devolved Administrations want to do, they will not be able to prevent foreign fleets fishing in our waters, as they always have, licence or no licence.

[Mr Carmichael]

Fergus Ewing told the Scottish Parliament Committee on 19 August—I shall quote his words exactly—

“I’m confident this Bill gives Scottish Ministers and the Scottish Parliament the necessary powers and tools to do that”—

the preparation for the end of the transition period—

“in a way that respects devolution.”

Is the hon. Lady telling the House that she thinks Fergus Ewing was wrong in his assessment of the Bill?

[Deidre Brock]

As the right hon. Gentleman knows of course, with legislative consent motions, which is what the Cabinet Secretary was speaking about, a consent is needed, sought and approved only for the devolved areas. I will be speaking about other areas that are still reserved to this Parliament—for the moment anyway.

Let me return now to my speech. This also has a particular resonance here, because, as the reasoned amendment alludes to, we still have no idea what the agreement with the EU will look like and we still have no idea what the seascape will be in which the fishing businesses have to operate. There is still no clarity. That deal will not be good for fishing communities. They remember that a previous Tory Government sold them out in negotiations over Europe and now they fear that the new generation of Tories will do exactly the same. No deal would not be good for them either. It would remove their market at a stroke and open up our fishing grounds to foreign fleets without our actually having any agreed limitations in place.

There is no word on how the UK Government intend to police fishing. There is some talk of borrowing some vessels from the Navy, or of having the Navy undertake patrols, forgetting, of course, that the Navy’s surface fleet is completely overstretched and out of resources and that, frankly, nuclear submarines are not exactly the right approach to fishing infringements.

[Mr Carmichael]

I am grateful to the hon. Lady for giving way. She is being very, very generous. Whether that is wise is another matter. Regardless of the terms of the deal, or even if there is no deal, we will have to have a UK-wide framework Bill, which is what this is. She has heard the words of Fergus Ewing. Why, in view of what he says about the nature of this Bill and the co-operation of Scottish and UK Ministers, does she therefore now invite the House to decline to give it a Second Reading? Where is the sense of that for the fishermen in my constituency?

[Deidre Brock]

I have made it very clear that there are elements in this Bill that relate to issues that are still reserved, unfortunately, to this Parliament. I will address that later in my speech.

--- Later in debate ---

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

Well, here we are again. This is the sixth Parliament to which I have been elected: for the first four we had no fisheries Bill; for the fifth and sixth we have had one. The Bill is in essence the same as the one in my fifth Parliament. I agree with the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), who spoke from the Opposition Front Bench, that the changes that have been made to this iteration of the Bill are welcome and should be supported. The Bill is welcome and I am delighted that across the House we now have this degree of interest in fisheries matters. It has not always been thus—it has often been the case that at the end of a year we have struggled to get 90 minutes for an annual fisheries debate—so I welcome the opportunity to give the issue the oxygen and scrutiny that it deserves.

As a consequence of the way in which fisheries has been dealt with over the years, we have been able to establish a fairly good, broad, consensual approach to the issue in the House. That has always been appreciated by the industry and worked to its benefit. In that regard, it is regrettable that the Scottish nationalists have tabled a reasoned amendment. I do not understand their reasoning. Given what their own fisheries Minister, Fergus Ewing, has said—to which I referred earlier—it defies reason as to why they would want the House to decline a Second Reading when he says that the Bill does what is necessary and respects the devolution settlement. Of course, this is a framework Bill, so it will be light on detail and we will always have to look to the later stages and to the secondary legislation to come. I hope that the same degree of interest will be taken in relation to that.

It is worth saying in parenthesis that the uncertainty that surrounds the fishing settlement would not be there if the Government had kept their original promise and put the fishing industry in the withdrawal agreement and not kept it in the political declaration. That was a significant strategic error for which we are now having to play catch-up. My plea on behalf of the industry tonight would be that we should all look to the best interests of the fishing industry and our fishing communities, rather than seeking to bring narrow party politics into it.

A lot has been said about the position of the under-10-metre fleet and the opportunities that will come as a consequence of the changes that are coming. There is some truth in that, of course, but we can give the inshore fleets across the United Kingdom all the quota they could possibly ask for and it will be of no use to them if they do not have the crew to put their boats to sea. In that regard, the right hon. Member for Gainsborough (Sir Edward Leigh) made a telling intervention on the Secretary of State asking for the issue of visas for non-EEA nationals to be taken care of. This is long overdue, and the Government really need to look at it. They do not need to wait for a deal at the end of the year; we have the powers to deal with this now, and the absence of any proper action in relation to it is becoming an ever greater problem for our inshore fleets.

I intervened on the hon. Member for Plymouth, Sutton and Devonport who was speaking from the Opposition Front Bench on the question of safety and drew his attention to an incident that happened recently off Shetland, when a Spanish gill-netter that was actually registered in Germany—that tells a story in itself—behaved in such a way that it threatened the safety of the crew of the “Alison Kay”, a Shetland boat that was fishing in the same area. That is by no means unusual. It is the sort of thing that fishermen in my constituency have become accustomed to, and it has to be stopped. If this is a moment when the Maritime and Coastguard Agency can be given the powers to stop incidents of that sort, and to investigate and punish them, it is surely an opportunity that requires to be taken. I am afraid I do not see much on the face of the Bill that would allow that sort of change to be made, however, and I hope that the Minister will hear this and look kindly on any amendments when the Bill reaches its Committee stage.

The other thing about gill-netters is that they are one of the industry’s major contributors to plastic pollution. Leaving gill-nets lying on massive areas of seabed to be caught in the propellers of other fishing boats or merchant vessels and eventually to be washed up is an act of simple environmental folly. It is something that we have lived with for too long and we should live with it no longer.