Common Fisheries Policy

Andrew George Excerpts

Thursday 15th March 2012 Commons Chamber

[Mr Doran]

No. The operation was much more systematic and organised, and on a much bigger scale, than that. This did not happen by accident; it was not by-catch.

[Andrew George (St Ives) (LD)]

The hon. Gentleman referred to the view that there are no victims in these cases. The sustainable mackerel hand-line fishery in Cornwall has one hundredth of the catch of the pelagic quota that is available to the purse seine industry in Scotland, and as a result of over-fishing in Scotland, people are losing quota in Cornwall.

[Mr Doran]

The hon. Gentleman is absolutely right. There are victims everywhere, and that is just another example.

Over the past few years, I have been involved in taking a large number of statements from people involved in the industry, and I will read out a selection of their comments. There are no police inquiries relating to this material. One fish processor with many years of experience told me:

“The system would work on a basis that a skipper would telephone the agent and declare his real catch, whilst at sea. If it was 1,000 boxes, the agent may find a buyer for 500 boxes and tell the skipper to fill in the log for 500 boxes after he had landed at the market. Before the market the 500 boxes would be unloaded from the vessel and transported to the buyer’s premises.”

In other words, the boxes would not go through the system. He continued:

“The agent would record the sale at the true value and alter the species if required to show the ‘black’ fish as non-pressurised stock. At the end of the quota year he would advise the skipper on which species to show in his catch records to ensure he retains his quota.”

So it is not just about volume but species. If coley were being landed, it might, in order to retain the quota, be recorded as some other fish—haddock was the most popular—and haddock might be shown as whiting. A fish merchant said:

“The situation with black fish started to get silly and I am aware that on one occasion a local fish merchant had 4000 boxes of fish in his yard—all black fish which had been transported from the boats to his yard. Meanwhile there were only 1900 boxes of fish in the market at Peterhead and about 1400 boxes in the market at Aberdeen.”

This wide-scale corruption of the system is a direct product of the introduction of the CFP and total allowable catch—and, I have to say, of the failure of Government and Government agencies properly to monitor the system. I want to discuss that with the Minister at length when we manage to get our evidence together.

To finish, I repeat that the Select Committee report is extremely important. I hope that the Minister will take note of the points that were made in the debate in November, which I know will be made again today, and the points that have been made by the hon. Member for Thirsk and Malton and her Committee, and take the argument to Brussels.

--- Later in debate ---

[Sheryll Murray]

I was at a meeting in Plymouth at the time, with DEFRA officials at the highest level. The Department was thrown into disarray and had no idea how to address the problem. On top of that, when the fixed quota allocations were introduced, a figure was put in place to underpin the catch of under-10 metre vessels. If the quota available to them in December fell below a certain level, those vessels were guaranteed to be able to catch that set amount. Again, however, it was set far too low. That was how the problem arose.

Because of the last Government’s inaction, our current Minister has been left in a complicated situation. I know that he is doing his best to sort things out. Evidence given to the Environment, Food and Rural Affairs Committee by the South West Fish Producers Organisation described the absence of a separate management system for small vessels as “lamentable”. I thank the Minister for at least looking for a solution to the under-10 metre quota, and I ask him to consider the economic implication of leasing quota for those small vessels. We do not want economic strain to compromise safety.

The second matter that I wish to raise is the 12-mile limit. Article 6, paragraph 2 of the new proposal states that the current access, which includes equal access to common resource as well as access to the area between the six and 12-mile limits, will continue. In a previous speech I have told the House how the UK is disadvantaged, with other member states having 28 rights of access to UK waters compared with just three for the UK in reciprocation. Members need only to have watched “The Fisherman’s Apprentice”, with Monty Halls, last night on BBC 2 to have seen the evidence.

[Andrew George]

The hon. Lady is making a very strong case. She will be aware that the historic entitlements between the six and 12-mile limits are often used by boats from France and other places that are not the ones that originally had those entitlements.

[Sheryll Murray]

That is my point precisely. That agreement was made based on historic rights 40 years ago, and none of the boats that were fishing then are now accessing the six to 12-mile limit area. There is a strong case for our Minister to go and argue that those entitlements should end. I know that some of the member states that have acceded in subsequent years do not have other member states’ vessels accessing their 12-mile limit, so I urge my hon. Friend the Minister to go and make that case very strongly.

Marine protected areas are different from the special areas of conservation introduced under the Natura 2000 programme. The latter cannot take account of socio-economic aspects to protect our coastal communities, but the former can, and indeed must, do so. Will my hon. Friend the Minister consider providing lifetime rights if a fishing method is excluded from a marine protected area? Those rights would be for the duration that the vessel was fishing or the skipper was operating, but it would allow fishermen to continue to earn a living using the very expensive gear in which they have invested.

I know my hon. Friend fully understands my closeness to the industry, which I have worked with for more than 20 years, and that he has fishermen’s interests in mind. Fishermen work hard in the most dangerous conditions, and I am sure the House will agree that they deserve the utmost respect for earning a living in such a precarious way. They keep Britain eating fish.

[Austin Mitchell (Great Grimsby) (Lab)]

It is a pleasure to follow the hon. Member for South East Cornwall (Sheryll Murray), with whom I agree almost totally. We should express our gratitude to the Backbench Business Committee for allowing this debate, and to the Environment, Food and Rural Affairs Committee for its excellent report. It is the best report on fishing since the report of the old Agriculture Committee, which I chaired. That was 20 years ago, and that long space goes to show how much importance such Committees attach to fishing.

I was sorry that the hon. Member for Thirsk and Malton (Miss McIntosh), the Chair of the Environment, Food and Rural Affairs Committee, eschewed the use of the slogan “Yorkshire Fish for Yorkshire Chip Oils”, because it would be a winning slogan in any campaign in Yorkshire. I shall certainly use it—not in Grimsby, but in Yorkshire—come the election.

The report is good, but the one quarrel I have with it is a substantial one. It says that the principle of relative stability should be looked at, which is a dangerous precedent. Just because fish that normally swim off the coast of Spain migrate north because of global warming does not mean that we should allow Spanish fishermen to disturb the principle of relative stability, which excludes them from our waters.

The debate is important because crunch time for the common fisheries policy is approaching. It is a very centralised policy—it is Gosplan, Soviet Union-style planning for fishing. It applies one-size-fits-all regulations for varied waters and fleets, and dictates to fishermen instead of working with them. It is also very political. There are increases in quota for political reasons, and when that leads to over-fishing, cuts are made by stopping fishermen fishing, either by limiting the number of days at sea or by reducing the catch. That is an insane way to carry on.

The common fisheries policy remains a folly that will not work, cannot be made to work and should be ended. The one thing I cheered when the Conservatives won the election—there was only one thing—was that they promised to repatriate powers from Europe. That, presumably, has been diluted by the coalition with the Liberal Democrats, who will probably smuggle those powers back across the channel in the boots of their cars. That promise was a good sign, because this is the time to repatriate powers, and power over fisheries is the power we should repatriate.

[Andrew George]

rose—

[Austin Mitchell]

I do not want to get into Liberal by-paths on this issue. Just because I get up and speak the European truth does not allow the Liberal party to interfere with my speech in the way that it interferes with the Government’s policy.

Having asserted the position and said what I would like to see, I will put my “moderate but non-new Labour” suit on. To deal with the situation as it is, we must take the approach of accepting the Committee’s recommendations. The preliminary proposals from the Commission, which are expanded in the so-called non-papers—a good European term—telling us what the Commission’s decision means, are unacceptable. They are particularly unacceptable on handing powers down to the regions, because we want regionalised decision making in fishing. That is essential, but the Commission proposes the bare minimum it could get away with—

--- Later in debate ---

[Amber Rudd]

My hon. Friend is well known for being incredibly knowledgeable about these issues, and she refers to one tool of the trade—changing the mesh size—that could be used to limit the quota and the type of fish stocks landed. She is also absolutely right in her final point. This is indeed a complicated issue, and there is no simple solution. Indeed, looking back on it, it seems that every time a Government or a Minister has tried to make a change for the better, the law of unintended consequences applies—we move a little bit this way and something happens on the other side. At the moment, the Minister is caught between trying to manage the divergent interests of the larger fishermen, in the POs, and those of the smaller fishing communities, in the under-10-metre fleet.

[Andrew George]

The hon. Lady says that there is no simple solution. As the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) suggested, either the quota system, which is a blunt instrument, could carry on in its present form, or we could get rid of it and base fishing policy on effort control. The problem with getting rid of it is that quota is marketable and has great value, and I do not think that any Government would want to compensate all those people who have valuable fishing—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Can we have shorter interventions? A lot of Members still want to speak, and I would say to anyone who tries to make a speech by means of an intervention that it is not going to happen.

--- Later in debate ---

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I begin by congratulating the hon. Member for Thirsk and Malton (Miss McIntosh) on securing the debate and particularly on the work she and her Select Committee have done on the reform process for the common fisheries policy. It is very important for this to get the scrutiny it needs. The CFP is of huge significance for the fishing communities in Banff and Buchan, but coastal communities all around the coastline have a real stake in the outcome of these negotiations.

The successful reform of the common fisheries policy is going to stand or fall on whether or not measures can be put in place to decentralise decision making. That is very much at the heart of the debate, and I welcome the focus that the Chair of the Environment, Food and Rural Affairs Committee placed on that issue in her remarks. I am concerned that, if we do not achieve that decentralisation, we will preside over the further demise of our fishing communities and the destruction of our marine environment.

I suspect that the commitment to decentralisation is shared across this House, and it is widely shared in many other fishing nations in the European Community. The problem is that the Commission’s proposals to date do not set out any workable mechanism for that to happen. There is no framework for regional co-operation among member states. Until we have that framework and that mechanism, I am afraid that our ambitions for decentralising the CFP will remain aspirational.

The part of the Committee’s report that was rightly the focus of its Chair’s remarks—and it has rightly attracted considerable attention outside this Chamber, too—is, of course, the suggestion that the exclusive competence of the Lisbon treaty could be interpreted to allow aspects of fisheries management to be devolved to member states. It goes without saying that I would like that to be the case and I hope that the treaty can be interpreted in that way. I am sure that many lawyers are rubbing their hands in glee at the prospect of a process of legal debate on the wording of the treaty to see whether it can be interpreted in that way.

It would be fair to say that, to date, the Commission has taken quite a restrictive view on how the treaty can be interpreted. In that sense, I do not want to be the party pooper, but I think we need to temper our expectations. I would love to be optimistic, but I want to hear from the Minister whether the Government have taken legal advice on this aspect of the Committee’s report. I would be very keen to know what progress we might be able to make at the European level from the proposals in the report. I look forward to hearing his remarks; I hope his legal advice will give us some cause for optimism. We also need to know from him what progress has been made in building support for decentralisation across the other member states, which will, of course, be crucial.

Decentralisation is also crucial to the sustainable management of our fish stocks and the sustainability of fishing communities and our fishing industry. If we look at the progress made since the introduction of the regional advisory councils and the industry’s involvement in fishing management, we can see that it is much better for the people affected by the decisions to be involved in the decision making. In those circumstances, we get much better outcomes.

What we have seen in Scotland with the conservation credit scheme—with increased use of selective gears, catch quotas and real-time closures—is that all its measures have contributed to significant improvements in sustainability. We have seen dramatic reductions in discards and dramatic increases in the number of stocks certified by the Marine Stewardship Council as being from sustainable sources. Crucially—this is the key point on the issue of discards—it prevented the need to discard fish by avoiding unwanted catches in the first place. That has to be the top priority.

If we are serious about tackling the causes of discarding, we need to do it fishery by fishery, and we need to take on board the challenges of our mixed fisheries. I will not repeat the remarks of the hon. Member for Great Grimsby (Austin Mitchell), but they were extremely salient. We must look in a practical way at how we do this, and be very clear that one size simply will not fit all.

[Andrew George]

The hon. Lady said that conservation measures had resulted in a drop in discards. A seasonal closure of the Trevose ground off the north Cornish coast has led to an abundance of cod, and as a consequence most fishermen are using their monthly cod quota on the first day of every month. There is a now great deal of discarding.

[Dr Whiteford]

The hon. Gentleman makes a valid point about what is happening in his constituency, and clearly there are similar stories all along our coastline. That is a prime illustration of the fact that—as I think Members in all parts of the House agree—the present system does not work, and is not fit for purpose.

A deep-seated and long-standing problem is the issue of compliance across the European Union. It is very frustrating for our fishermen to see the rules applied so inconsistently. The fact that quota restrictions are being flouted with impunity in other parts of the EU not only causes great resentment, but undermines confidence in the system and people’s sense of ownership of the system of fisheries management. We know from the experience of recent years that conservation measures that have been developed in co-operation with the fishermen have been the most effective in conserving fish stocks. The current problems are symptomatic of a top-down CFP, and of that lack of a sense of ownership.

--- Later in debate ---

[Barry Gardiner]

Yes, Madam Deputy Speaker.

Of course ecosystems interact with each other, and in so far as the hon. Gentleman makes that point it is absolutely unexceptional. None the less, scientists and fishermen look at those ecosystems. Of course there are migratory stocks, straddling stocks, nurseries where fish spawn and spawning grounds that need to be protected, but the point is to look at this as part of the ecosystem and not simply to divide it up into national countries’ interests. We need a regionalised framework based around significant ecosystems so that we can manage those stocks more effectively.

At present, even detailed technical decisions are taken centrally in Europe. The Lisbon treaty provides that the EU has exclusive competence under the CFP. However, the Environment, Food and Rural Affairs Committee report makes an interesting case for a lawful way of qualifying the EU’s exclusive competence over the conservation of marine resources, thereby creating a framework for genuine regionalisation. It argues that exclusive competence does not apply where the CFP does not apply. Therefore, if the CFP regulations were amended to exclude certain marine conservation policies, the scope of the exclusive competence would be limited to the amended CFP.

The establishment of regional advisory councils is cited as a key success of the 2002 CFP reform because they have served as forums for stakeholders to inform policy implementation at a regional level. The trouble is that they have no decision-making powers. Although the draft basic regulation that sets out the main rules for the CFP would address centralised decision making through a combination of multi-annual plans and regionalisation of decision making, I think that a fully regionalised management system should include the following features: quotas allocated on the basis of ecosystem regions in order to manage fishing pressures according to the necessities of those different ecosystems; regular scientific assessment of all marine species, not just fish stocks, within a given eco-region in order to establish the impact of fishing on the ecosystem as a whole; and quota allocation on the basis of eco-regions with different licences used in different ecosystem regions and with no transfers between those regions.

Certain decision-making powers need to be devolved to regional management bodies in order to tailor the application of central policy objectives for EU fisheries to the specifics of each ecosystem. The main tool for fisheries management is the annual setting of total allowable catches. Currently, the European Commission requests scientific advice for the establishment of fisheries management plans on the basis of sustainability. However, the European Council is under no obligation to adhere to that advice when agreeing total annual quotas for stocks.

The result is that the European Fisheries Council sets total allowable catch limits that are on average 34% higher than scientifically recommended sustainable limits. In the period 1987 to 2011, European Fisheries Ministers set fishing quotas above scientific recommendations in 68% of their decisions. In the case of one hake stock, quotas were set 1,100% higher than scientists advised.

Over-fishing has made the fishing industry economically vulnerable, but over-fishing does not have just economic costs; it has social and environmental ones as well. At the Johannesburg world summit on sustainable development in 2002, the EU committed to achieving MSY—maximum sustainable yield—for all fish stocks by 2015 at the latest, but in 2010 it estimated that 72% of its fisheries remained over-fished, with 20% fished beyond safe biological limits, risking the wholesale collapse of those fisheries.

The zero draft for the forthcoming United Nations sustainable development conference in Rio calls on states to maintain or restore depleted fish stocks to sustainable levels, and further to commit to implementing science-based management plans to rebuild stocks by 2015.

The EU marine strategy framework directive requires that all EU fisheries achieve good environmental status by 2020, including the attainment of sustainable fishing levels for all stocks.

[Andrew George]

On the primary thesis that the hon. Gentleman seeks to advance, he claims that fishing communities are in decline because of over-fishing, but might it not also be because of inept policy, whereby fishermen have to catch far more fish but most are thrown back dead?

[Barry Gardiner]

Discards have been widely debated in this Chamber, and I shall try to come on to that issue, but time is limited, so I must press on. I acknowledge the force of the hon. Gentleman’s remarks, however.

MSY is the largest catch that can be sustained over the long term, but there is FMSY and BSMY, fishing maximum sustainable yield and biomass maximum sustainable yield. The argument that I made to the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who speaks for the Scottish National party, was precisely to that point, because we can go on getting FMSY out of a small stock, but if we want to achieve the largest possible catch we need to build the biomass MSY to ensure that we then get a sustainable yield out of that much larger biomass.

That is why I absolutely urge the Minister to support Commissioner Damanaki in saying that we have to achieve FMSY by 2015, albeit that biomass MSY might not be achieved until sometime after that—I hope as soon as possible, but no later than 2020, as the stocks demand.

Achieving that aim by 2015 will necessitate the following key measures: first, rendering scientific advice binding, thus preventing quotas from exceeding biologically sustainable limits; and, secondly, introducing stock assessments and management plans for all fish and shellfish, including non-commercial species that are currently unmanaged, in order to establish sustainable limits for harvesting. Ensuring that all fish and shellfish are harvested at sustainable levels is an absolute prerequisite of the future profitability and survival of EU fisheries.

But we also need to think about the issue in terms of biomass—something that the Committee’s report does not address. A biomass MSY is the biomass that can support the harvest of that maximum sustainable yield. Achieving MSY as set out in the draft CFP means rebuilding fish populations to a level of biomass maximum sustainable yield in order to support the level of annual catches—and viable fishing communities, their economies and their social needs.

In an effort to limit fishing to sustainable levels, EU regulations under the common fisheries policy prohibit the landing of commercial species above a given annual quota. In practice, however, that often results in the discarding of thousands of tonnes of saleable fish—but just at the point when I am about to answer the question asked by the hon. Member for St Ives (Andrew George), I fear, Madam Deputy Speaker, that you are going to tell me that I have run out of time.

--- Later in debate ---

[Ms Ritchie]

I thank the hon. Gentleman, and I agree that the problems of sustainable yield, discards and the need for regionalisation all derive from the problems presented by the common fisheries policy. All the Members who have spoken have mentioned those problems. Any effective measure must respond to those who fish in our waters, because for a fisherman nothing goes against the grain more than wasting perfectly good fish. We must acknowledge the good work that has already been done.

[Andrew George]

Although of course I agree with the thrust of the hon. Lady’s argument about quotas and discards, does she accept that it is not possible to distinguish between intended and unintended by-catch?

[Ms Ritchie]

I suppose I could agree to a certain extent with that assertion. There is no doubt that our fishing industries in Britain and Northern Ireland face many similar problems, one of which is discards. To go back, however, that is one of the problems that is derived directly from the common fisheries policy.

On the need for decentralisation, at a broader level the common fisheries policy needs to be more regionally sensitive. There needs to be more regional input and representation in respect of the reforms and throughout EU fisheries negotiations. We also need meaningful and impactful regionalisation that delivers real change rather than talks about it. At the same time, we should recognise that such regionalisation needs to be enacted in a coherent, not disjointed, manner.

I urge the Minister to work closely with his ministerial counterparts in Dublin and the Northern Ireland Executive to develop an approach that makes the fishing industry economically productive and sustainable across these islands, and one that is operational for us on a north/south basis in Ireland. Measures enacted in the Irish sea have a clear impact on the movement of fish shoals to other areas. Fish do not recognise national identities. We must remember that fish shoals are not static and management of them can be successful only if it is done in a joined-up manner with clear regional input.

In summary and in conclusion, the reform of the common fisheries policy provides the British Government and the Department for Environment, Food and Rural Affairs with an opportunity to work with the EU to provide a framework whereby the fishing industry and the coastal communities that are pivotal to it are safeguarded, and whereby a clear, positive path is provided for the sustainability of the industry, both onshore and offshore. We in Northern Ireland—I represent a constituency that has the two fishing ports of Ardglass and Kilkeel—believe that one of the best approaches is through decentralisation from the common fisheries policy and some degree of control being devolved to the local area.