Exclusive Economic Zone: Maritime Safety

Alistair Carmichael Excerpts

Wednesday 17th April 2024 Westminster Hall

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

I beg to move,

That this House has considered maritime safety breaches within the Exclusive Economic Zone.

It is a pleasure, as ever, to serve with you in the Chair, Mr Efford, and I welcome the Minister to his place. He knows that I hold him in high regard as a very effective and diligent Minister, so I hope he will not take it amiss if I say that I was a little disappointed to hear that I was not getting a reply from the Attorney General or one of her staff. In fact, when I think about it, that change highlights one of the problems we are dealing with: this is an issue in which many Government Departments have an interest but for which nobody has overall responsibility. One thing that I hope we take away from this debate is a determination that somebody takes charge of the issue.

Essentially, I want to bring the House’s attention to a matter that arises from an ongoing conflict between fishing boats that operate static gear and those that operate mobile gear. There can only be better ways of resolving those conflicts and tensions than the ones that I am about to describe for the House.

There are two particular, well-documented incidents that I want to place on the record for the benefit of the House and for the Minister’s consideration. The first took place on 11 June 2020, and involved the Shetland-registered whitefish boat the Alison Kay. Skippered by James Anderson, it was fishing 30 nautical miles to the west of Shetland. Mr Anderson describes the roots of what was about to happen thus:

“The incident occurred on the 11th of June and when the vessel in question shot his gear”—

that is the Pesorsa Dos, which is a Spanish-owned but German-registered vessel—

“in the area he knew we were fishing. He chose to put his gear at risk. What he decided to do was to shoot nets”—

those are gillnets of quite industrial magnitude—

“in an area known to be used by trawlers and then subsequently tell the trawlers they can’t fish here now because his gear is now there! This is simply unacceptable terms for us and we have no intention of moving away when we have every right to continue fishing.”

This is an area of sea that has been fished for decades, if not centuries, by Shetland fishermen, so we can understand Mr Anderson’s strength of feeling. The skipper of the Pesorsa Dos then proceeded to tow a rope tied to a float across the bow, which was a clear attempt to foul the Alison Kay’s propeller or steering gear. It was an act of the most incredible recklessness for which there can be no excuse. It could have led to injury or death, or the loss of either or both of the boats. Of course, it was avoided because the skipper of the Alison Kay took evasive action.

The Pesorsa Dos is a Spanish-owned gillnetter that is flagged in Germany through SeaMar, a company based in Schleswig-Holstein. The Maritime and Coastguard Agency was made aware of the incident but declined to investigate because it said that it happened outside the 12-mile limit, and the 12-mile limit is the extent of its jurisdiction. That takes us into that area of sea between the 12-mile limit and the extent of the 200-mile exclusive economic zone. Notwithstanding the MCA’s describing the incident as extremely “concerning” and saying that the

“consequences could have been extremely serious”,

it was declared that the responsibility lay with the German investigating authorities, as that was where the Pesorsa Dos was registered—Germany was the flag state.

We pursued this matter in correspondence with the German authorities but, bluntly, they were not interested, even though Germany is the flag state. Why would it be? This incident involved a conflict between a Spanish vessel and a Scottish vessel in waters hundreds of miles away from the closest point of German waters. I do not believe this sort of behaviour was ever anticipated when the United Nations convention on the law of the sea—the governing statute—was entered into, but this is the reality with which fishermen in Shetland and other parts of the United Kingdom are now having to deal.

[Jim Shannon (Strangford) (DUP)]

As the Minister knows, I represent the constituency of Strangford, which has a large fishing fleet. The right hon. Gentleman has secured a vital debate and clearly outlined the two incidents. Does he agree that the sovereign rights that exist for our fishing fleet mean that the standards we set in that zone apply to every fishing vessel, not just British ones, and that we must enforce on any vessel the appropriate safety measures rigorously and authoritatively, with extended powers if warranted by the Maritime and Coastguard Agency? In other words, all vessels are subject to the same laws.

[Mr Carmichael]

The hon. Gentleman will not be surprised to hear that that is something with which I have no difficulty agreeing. The vessels are all subject to the same laws; the difficulty comes when we try to enforce them. In fact, the Irish Government have taken a rather more novel and, shall we say, direct approach from which we could probably learn some lessons.

The then Fisheries Minister, now the Attorney General, convened a Zoom call for me which had, while not exactly a cast of thousands, at least a dozen people on it. One by one, each of those people explained that although they understood the seriousness of the situation it was, in fact, always somebody else’s problem. At the end of the call, it was agreed that there would be further consideration and action would be taken, but I am afraid to say that, years later, we have heard effectively nothing since. It seems to just go from Department to Department, and is always too difficult for somebody to deal with.

For my constituents and for the fishermen working in Shetland’s waters, it continues to be a problem. On 16 October last year, the Defiant, a Lerwick-registered whitefish boat, skippered on that day by Magnus Polson, was working 18 miles east of Unst—again, within the area of water between 12 and 200 miles—when it experienced a similar incident, involving the Antonio Maria, a Spanish-owned but French-registered longliner. Mr Polson established where the long lines were and that he could operate safely without coming into conflict with the static gear, but 15 minutes later the skipper of the Antonio Maria altered his course on to a direct collision course with the Defiant. The longliner came dangerously close to the port side of the Defiant, whose crew saw two crewmen appear on the Antonio Maria and one throw a rope into water—designed, we presume, to foul the propeller. Mr Polson explained that

“due to close proximity and the endangered safety of our boat, I had no choice but to begin hauling back our gear to make room.”

A few weeks ago in Lerwick, I met the other skipper of the Defiant, Robbie Jamieson, who showed me the screen grab of the course that he had plotted in the wheelhouse of the Defiant. He also showed me where the long lines had been laid by the Antonio Maria. It was clear that the course along which the Defiant was going to tow its gear was not actually going to come into conflict with the long lines that had been set by the Antonio Maria, and would have moved somewhere to the south of them. When I raised this with the Fisheries Minister, the right hon. Member for Sherwood (Sir Mark Spencer), on 19 October, he described it as outrageous behaviour, and said he would certainly raise it with his ministerial colleagues. Again, we have heard precious little since. Everybody knows that it is mad, reckless and dangerous behaviour, but somehow nobody ever seems to have an answer for how to stop it.

The Maritime Coastguard Agency has forwarded its report to the French authorities for investigation. The incident happened in October, and we are now well into April and have had no response. The Shetland Fishermen’s Association has asked for the opportunity to have sight of what was sent by the MCA to the French authorities, but it has been told that it cannot have that. I wonder whether the Minister might raise that again with the MCA, because I do not see what the MCA would have to lose by publishing the report. Frankly, it would go a long way towards restoring some trust and confidence between the fishing fleet and the MCA.

Essentially, the difficulty lies in the terms of UNCLOS and the decision to vest authority for investigation and prosecution with the flag state. I do not believe this was something envisaged at the time UNCLOS was agreed, but it is now the reality with which my constituents have to live and deal. This will keep happening unless and until it is stopped. As I see it, it can stop only in one of two ways: there either has to be meaningful action to deal with it, or we wait until there is a fatality when a boat goes down and a life is lost. When that happens, all the people who come up with the good, worthy and complicated reasons as to why it is somebody else’s responsibility will be left looking pretty shame-faced and embarrassed. I do not want any one of them to turn around and say, “I wish somebody had told us about this.” They have been well warned by me today and on many previous occasions.

What can we do? There are a few quick and easy wins. The executive officer of the Shetland Fishermen’s Association said shortly after the Antonio Maria incident that there was a need for a streamlined process of reporting, with an individual designated within the MCA to receive reports. This sort of thing happens, nobody wants to know about it and fishermen get pushed from pillar to post. There needs to be a hotline—a dedicated number—that skippers can phone to report an incident. The sooner that some sort of action can be taken, the likelier it is that that action will then be effective.

I would like to see our Government pursuing the matter with a bit more vigour than they have done. We go through the motions—we tick the boxes, write the report and send it off to the German and French authorities—but then what happens? I call on the Minister to raise the issue at a diplomatic or ministerial level with his opposite numbers when such incidents happen, so that prosecuting authorities in the other flag states understand that it is something we see as being important.

We could also see much better co-operation between the MCA, which is an agency responsible to the Department for Transport here, and Scotland’s Marine Directorate, which is responsible for fisheries management issues and fishery protection in Scotland. They are the people who have boats in the water and who will be able to attend such incidents and gather the necessary evidence.

To come to the point made by the hon. Member for Strangford (Jim Shannon), fishing boats operate in the exclusive economic zone under licence, as all boats do. Surely it could be a condition of the licence that if a boat is going to fish in our waters, it does so in a way that is safe and responsible. We may not be able to prosecute for safety breaches, but we could take action to remove the boats’ licences. That is something that would concentrate the mind.

It is worth comparing the treatment of the Pesorsa Dos in 2020 in Scottish waters, or British waters, with the treatment that it received in Irish waters. The Skipper’s website from January 2023 describes what happened to the Pesorsa Dos after it was detained by the Irish Naval Service for breaches of EU fishing regulations in Irish waters. The skipper, Juan Pablo Docal Rubido, was brought before a special sitting of Bandon District Court following the detention of the vessel for alleged fishing offences.

Mr Rubido, whose vessel is Spanish owned and fishes out of La Coruña but was detained at Castletownbere, was charged with a total of 12 fishing offences on various dates between 5 January and 24 January, while fishing within the exclusive fishing limits of the state. He was charged with two logbook offences: of failing to record the proper depth that his vessel was fishing at, and failing to record the proper soak times or times that he allowed his nets to stay in the water while fishing within Irish exclusive fishing limits. He was also charged with a total of nine separate offences of allowing his nets to exceed the permitted soak times of 72 hours allowed for the gear while fishing within the exclusive fishing limits of the state, contrary to section 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006.

The best part, though, is still to come. The boat was detained. It was kept in the quayside as a consequence of action taken to seize it by the Irish authorities. The skipper himself was allowed bail on production of a bond of €5,000. The period for which the detention was to be permitted was actually extended on the application of the Irish Government. These trawlers—these massive gillnetters—are big businesses, and they only make money when they are out at sea. That old American saying, “If you get them by their reproductive organs, their hearts and minds will follow”, really characterises the way in which these people have to be tackled. The presiding judge, Colm Roberts, granted bail on Mr Rubido’s own bond of €5,000. He said:

“We have to make sure people realise how serious these matters are.”

Well, amen to that.

We are dealing with an industry that is probably the most dangerous way to make a living. Everybody knows that when fisherman go to sea, they very often put their lives at risk, and the fishermen themselves know that better than anybody else. They understand that this is a contest that sets man against nature and its elements. That risk is acceptable and understood, but setting man against man in such a way cannot be understood or excused. We have an exclusive economic zone. I suggest to the Minister and his colleagues that it is about time we understood what it means to be exclusive and to exclude those who will not use it responsibly.