Fisheries Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I rise briefly to support Amendment 24 in the name of the noble Baroness, Lady Jones of Whitchurch, and Amendment 29 in her name and that of the noble Baroness, Lady Ritchie of Downpatrick.

As many have indicated previously, fishing is a dangerous occupation, one where injuries and death occur on an alarmingly regular basis, as the noble Lord, Lord Cormack, so elegantly told us. For every fisherman and woman employed on a vessel involved in fishing, 10 are employed in landing and processing fish. All those employed in the fishing industry as a whole should be protected and enjoy similar employment rights to those who work in other sectors. The Government should take steps to ensure that those engaged in the fishing industry, whether offshore or onshore, should be protected as far as is possible, and the Government should produce a strategy to ensure this happens. Each person engaged in the industry should be aware that the Government have such a strategy and that their welfare is key to the industry’s success.

Training, as the noble Baronesses, Lady Jones and Lady Ritchie, have said, is—as it is in everything—key to ensuring safety is carried out and observed. This must be a legal requirement and entitlement for all in the UK fishing industry workforce. It should not be left to the discretion of the vessel or processing plant owners. I fully support these amendments and the need to work for a strategy to sustain the UK fishing industry workforce to be in the Bill.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am grateful to the noble Baroness for her proposed Amendments 24 and 29, which would introduce additional duties in the form of safety requirements for fishing activities and training requirements for the UK fishing industry workforce.

In this short debate, we are absolutely at one that these are extremely important matters, and I would like to put on record, as I did at Second Reading, my recognition and regard for those who go to sea to catch fish for our consumption; I pay tribute to them. The noble Baroness, Lady Ritchie of Downpatrick, referred to a family who were very brave and courageous in sustaining the losses that they did. My noble friend Lord Cormack reminded me of those communities, such as coal mining communities and agricultural communities, doing dangerous tasks over the years for our benefit. I therefore identify with all of what has been said. It is important that we support fishers with increased health and safety provisions as well as further training to increase the awareness of dangers and the understanding of how to respond to them.

That is why I say specifically to the noble Baroness, Lady Jones of Whitchurch, that Defra is working closely with other UK departments and agencies to ensure that fishing becomes an increasingly safe and—although I think it is appealing in many ways—“appealing” form of employment, as my notes say. I was very struck by the point that my noble friend Lord Cormack made about camaraderie. That cook probably continued to go to sea, though no longer fishing, because he did not know how to live outside of that community. I am very struck by that sense of community —which is why the noble Lord, Lord Grocott, spoke in the way that he did on an earlier day in Committee—because these communities feel very strongly about these matters. This work is under way and will consider regulations and other work, which is also under way as I said.

Safety at sea is not just a specific fishing activity issue; it is a vessel issue. The safety of all vessels falls within the remit of the Maritime and Coastguard Agency. Provisions for the safety of vessels are included in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997. In addition, the Merchant Shipping Act 1995 provides the MCA with powers to implement all the safety legislation.

The Government are, importantly, also taking action through our apprenticeship programme and the Post-16 Skills Plan to reform technical education and a new careers strategy for the UK fishing industry workforce. The Sea Fish Industry Authority—known as Seafish—leads the development and delivery of training for workers in all sectors of the seafood supply chain. Seafish has applied levy funds to develop training programmes and learning materials aimed at the seafood processing sector to enhance the skills and quality of operations and final products. In addition, the Seafood Industry Leadership Group, established by Seafish to deliver Seafood 2040: A Strategic Framework for England, will deliver a single cross-sector seafood training and skills plan, aiming to support businesses in the seafood supply chain to recruit workers with suitable skills.

England’s new domestic grant scheme, the Maritime and Fisheries Fund—the MFF—can support training projects for fishers. Under the European Maritime and Fisheries Fund—the EMFF—around £3.5 million was spent on improving skills and training up to 31 December 2019. The Bill provides the power, in Clause 33, to introduce grant schemes through regulations for health, safety and training.

The noble Baroness, Lady Ritchie of Downpatrick, referred to my letter. I should also add that Defra is considering the latest data and working closely with industry to understand and explore the labour demand and supply requirements for both the permanent and seasonal workforces, which are of course very important.

I wanted to explain the current situation to the noble Baroness, so that this is not in a void. I absolutely understand the points that have been made. All these responsibilities are in existence. I hope that this explanation of the regulations, the further work that is under way and the legal requirements that already exist on this important matter mean that the noble Baroness feels able to withdraw her amendment. If during the passage of this Bill, or indeed afterwards, those noble Lords for whom this is a particular concern would like further discussions on what is under way, I would be very happy to facilitate that, because this is an area where we have a duty to coastal communities to show that we are on their side.

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[Baroness Young of Old Scone]

My Lords, I speak to my Amendments 45, 49, 50, 53, 54 and 55, all of which are aimed at making a good thing better. We agree that fisheries management plans are a good thing, but they are a bit of a moveable feast as currently structured in this Bill. They are optional; there are a range of circumstances in which authorities can simply opt out of plans and out of the joint statements placed around the plans. These amendments focus on the need for plans to be obligatory—to have timescales associated with them and to have more teeth if they are to deliver in practice the Government’s manifesto commitment to introduce a legal commitment to fish sustainably.

These amendments are aimed at plugging a number of gaps that could mean that the authorities could opt out of preparing fisheries plans at all for some stocks. These amendments taken together introduce provisions to ensure that fisheries management plans must be introduced for all commercially exploited stocks and any other stocks that fall below sustainable levels. They also introduce timeframes for preparing and publishing fisheries management plans. The Bill says that authorities are to prepare a statement explaining the use that

“the authorities … propose to make of fisheries management plans”

and what fisheries management plans they

“propose to prepare and publish”,

together with their reasons for deciding not to introduce a fisheries management plan for a particular stock. There is a rather perverse phraseology in the Bill, which seems to imply that finding an excuse for not having a fisheries management plan is pretty legit. We need to turn it around and set out a very clear requirement for a fisheries management plan to be prepared in the circumstances that I just described. Indeed, with the way the Bill is drafted, we could have a situation where a stock in a depleted state would not be subject to a fisheries management plan. That seems perverse.

I go back to a point that has been made several times—that what we are trying to achieve with the Bill is effectiveness, because ineffective fisheries management plans, for example, would be bad for fish stocks, and that would be bad for the fishing industry as well as bad for the fish.

To take my amendments in turn, Amendment 45 would remove the discretion over whether authorities have to produce a plan. Instead, it states that

“authorities must prepare and publish fisheries management plans for all commercially exploited stocks … and … other stocks … that fall below”

sustainable levels. It is absolutely vital to introduce this accountability into the Bill. Far too many of our stocks are still overfished through setting fishing limits above sustainable levels year on year. It is vital that the Bill reverse that through the introduction of effective fishery plans for all stocks currently below sustainable levels. It is also important that we have plans for all commercially exploited stocks, even if they are currently fished at sustainable levels. Those plans need to be in place to ensure stock levels remain at or above sustainable levels.

Amendment 49 would ensure that fisheries management plans actually maintain stocks at or restore them to the sustainable level, rather than merely “contributing” to the stocks’ restoration. Amendment 50 would ensure that authorities are required to establish policies that will return data-deficient stocks to an equivalent proxy of maximum sustainable yield, rather than just having a vague commitment to increase stock levels without specifying any limit.

Amendment 53 would introduce additional requirements for fisheries management plans introduced for stocks that fall below sustainable levels, defined as BLIM. In particular, it would introduce timelines for restoring stocks that have not been fished sustainably. It would introduce catch limits and conservation measures to increase or return the biomass of each stock to sustainable levels within 10 years. It would also require authorities to prepare and publish a fisheries management plan within 12 months of a stock falling below sustainable levels.

If we do not introduce timelines for recovering stocks we could see many more stocks depleted, possibly beyond levels from which they can recover. The Minister talked about 59% of our stocks being fished at sustainable levels, but that figure is actually going down rather than up: in 2018, 69% of our stocks were being fished at or below sustainable levels. We still have a long way to go, so it is important that these timelines are included so that authorities can be held to account if they do not achieve them. It would be bizarre to abandon the common fisheries policy’s target, which requires all stocks to be fished at or below MSY by 2020. I know that it is unfashionable to hark back to the common fisheries policy, but it was right to have that clear target. In a wider ecosystem context, the marine strategy review found that we were failing 11 out of 15 marine indicators, one of which was fishing.

Amendment 54 would ensure that where stocks are shared with another coastal state, the Secretary of State must engage with that state to try to put in place a joint fisheries management plan for shared stocks. This is pretty key, given that the UK shares more than 100 stocks with the European Union alone.

Amendment 55 would simply define BLIM as the reference point at which additional measures need to be introduced to fisheries management plans to ensure stocks are returned to sustainable levels. If fish stocks fall below this level, their ability to reproduce might be reduced and stocks might be in serious danger of collapse. This is the measure used by the International Council for the Exploration of the Sea, which provides annual scientific advice on and assessment of the state of fish stocks used by authorities when making decisions about catch limits.

I know the Minister will tell me that there will be guidance on fisheries management plans, but many of these issues are so important that they should be in the Bill rather than simply in guidance. Although the flexibility that the Bill currently allows on fisheries management plans might be admirable in some respects, it raises another question about the whole issue of consistency. If our fisheries and access to them becomes a material matter in negotiations with the European Union and other states on a variety of trade and international relations issues, the fact that we could be widely—perhaps even wildly—divergent across the four nations must raise interesting questions for the Secretary of State.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I will speak briefly to Amendment 34 and other amendments in this group that relate to sustainable fish levels being included in the fisheries management plans. As the noble Baroness, Lady Jones of Moulsecoomb, said, we are going around in circles—perhaps like some fish.

Fisheries management plans are key to the Bill’s implementation and success, but they will be ineffective if fish stocks are not maintained at or above sustainable levels. The Bill’s thrust is to promote sustainable fisheries management—that is how I have interpreted it, anyway. This aim in endorsed and welcomed by the National Federation of Fishermen’s Organisations. The UK is already well ahead in sustainable fisheries management and has much to build on to become a world leader. For the fishing industry to maintain its current position and go from strength to strength, it is vital that fish stocks are preserved, enhanced and sustainable. It would be unacceptable to promote short-term gain at the expense of fish stocks for future generations.

Decisions on fisheries management must be informed by science, data and information gathering. We welcome the Government’s commitment to ensuring this happens and to an “ecosystem-based approach” to fisheries. This should minimise any harmful effects on fishing activities within the broader environmental, social and economic context. It is therefore essential to manage fish stocks, not only to maintain them at a sustainable level, but to go beyond that. As is clear, climate change can have a dramatic effect on water levels and temperatures. It is paramount that fish stocks are truly sustainable and can adapt to changes over time. It is incumbent on us all to ensure that this happens.

[Baroness Ritchie of Downpatrick]

My Lords, I will speak briefly on Amendment 54, which is to do with shared stocks. The UK Government share the Irish Sea with the Irish Government. An agreement is already in place in legislation called the voisinage agreement, which is like a shared fisheries management plan. I am seeking reassurance that that will remain in place and that the alleged regulatory border in the Irish Sea, as a result of EU management issues, will not impact on fishing efforts in the Irish Sea.

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[Lord Selkirk of Douglas]

My Lords, if nobody else wishes to speak, I want to do so on behalf of my noble friend the Duke of Montrose, who unfortunately could not be here today but who gave me permission this morning to speak to his two amendments in this group, 40 and 47.

Amendment 40 states:

“If, in the light of a review, the fisheries policy authorities conclude that changes are not required to the JFS, they must prepare and publish, as soon as reasonably practicable, a statement setting out the reasons for that conclusion.”


My interpretation of this is that if, in the light of a review, the fisheries policy authorities conclude that changes are not required to the joint fisheries statement, they must prepare and publish as soon as practicable. In other words, there must be as much openness as possible in the statement setting out the reasons for that conclusion.

Amendment 67 states that the period should be

“not less than 28 days”.

This means that the facts must be realistically and correctly stated in the document that would be issued. This decision ensures that the scrutiny period for consultation on the joint fisheries statement should be long enough to ascertain all the facts. It is a safeguard that should be supported, and I submit that it is in the interests of everyone involved. The purpose is to prevent a conclusion being rushed out when all the scientific evidence may need to be taken into account for the cause of sustainability.

I do not think there is anything more I can adequately say on this subject, as the facts speak for themselves.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I am grateful to the noble Lord, Lord Selkirk of Douglas. I too was going to speak to Amendments 40 and 47 on behalf of the noble Duke, the Duke of Montrose—the Law Society of Scotland had sent me a very extensive briefing—but the noble Lord has made all the points that I would have made.

On issue of the 28 days, we have Amendment 69, which mirrors Amendment 67. The Bill currently requires each of the fisheries policy authorities to specify a period for scrutiny of the consultation draft of the joint fisheries statement, but no definition is set out in paragraphs (3) and (4) of Schedule 1. There is no timescale attached to the definition, and it is important that we have one.

The Bill provides that each fisheries policy authority must specify a period for scrutiny of the consultation draft by the appropriate legislature. To rectify this, we propose a minimum period of 28 days if scrutiny must be undertaken. That is important, so I echo what was said by the noble Lord, Lord Selkirk.

[Baroness McIntosh of Pickering]

My Lords, I support the amendment in the name of the noble Duke, the Duke of Montrose, and have added my name to it. I know that my noble friend the Minister will say that the amendment is not needed, but I would argue that it is. If there were no changes to the joint fisheries statement, we should be able to understand why that was the case and why everyone had agreed. It would be helpful to have more openness and transparency in that regard.