Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020

Baroness Jones of Whitchurch Excerpts

Wednesday 2nd December 2020 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction and for his helpful briefing beforehand. It felt very strange reading the first SI, as I felt transported to a bygone age, long before all our efforts to produce the Fisheries Act and before an anticipated announcement with the EU on post-transition trade, which will of course have a major impact on future fisheries provision.

The first SI refers to a targeted consultation with key stakeholders on the Fisheries White Paper that took place in 2018, as though the last couple of years had not happened. I know from our briefing that this SI has been in development for some time and is necessary partly to incorporate changes to EU regulations that have occurred this year. So, given that some of the references in the SI are rather out of date, could the Minister clarify when exactly it was drafted, why it was not introduced before now and why it makes no reference to the impact of the Fisheries Act? We would have thought that would have had at least some impact on the details enclosed in it. It would help—to echo points raised by other noble Lords—if the Minister could clarify when he sees our legislative framework fully transitioning from the common fisheries policy to our ambition as an independent coastal state, as set out in the Fisheries Act. We seem to be treading water rather at the current time.

The Minister referred to ClientEarth’s submission to the Secondary Legislation Scrutiny Committee about the potential weakening of requirements in relation to scientific information and research surveys, sustainability of stocks and reporting. Again, his point was echoed by other noble Lords. It suggests that the detailed reporting requirements contained in EU law have not been replicated in this SI. I would be grateful if the Minister could address this.

In the Defra response to ClientEarth, the department says that it

“will comply with all of its reporting and data sharing requirements under the CCAMLR Scheme.”

Are these reporting requirements indeed equivalent to those in the EU? Are the mechanisms to begin that reporting from 1 January in place? Is the information published in a publicly available format? Will the Government continue to exchange information with EU colleagues, at least on an informal basis, as suggested by the noble Lord, Lord Teverson?

The Secondary Legislation Scrutiny Committee talked about a lack of clarity around the direction of future policy. Can the Minister give an indication of when the department intends to make more detailed policy announcements and when we will see the legislation to back that up? The SLSC drew particular attention to the issue of

“financial assistance for rewarding or deterring behaviour related to sustainability.”

I echo the specific questions of detail asked by the noble Baroness, Lady McIntosh, in this regard. How will the application of financial assistance work in practice? Defra says that this will be included in a separate SI. To clarify: is that the regulation that the Minister referred to in his opening remarks—the one to be published in the spring—or a separate one? He is looking at me quizzically so perhaps it is the latter.

The second SI focuses on the application of the Northern Ireland protocol. Like the noble Lord, Lord Teverson, I have struggled somewhat with some of the fishing implications of the protocol, but we are beginning to work our way through them. The SI explains that the UK intends to accede to the multilateral Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing—the PSMA. Once the UK joins the PSMA, it will be required to impose controls on all non-UK vessels. The Explanatory Note states:

“The controls include: a requirement to use designated ports; a requirement to obtain authorisation prior to using ports; requirements to submit certain documents in advance of using ports; and a regime of inspection.”


What will be the practical difference in the implementation of the PSMA rules on Northern Ireland and GB fishers? How will it differ for each of those groups? Does a list of designated ports already exist? If so, where is it published? Who will be responsible for imposing the regime of inspection and controls? Will it include the British Navy?

The Explanatory Memorandum states:

“There is no, or no significant, impact on business”.


However, the regulations significantly alter the fishing rights of and controls on Northern Ireland and GB fishers. Were they consulted on the new requirements? If so, are they content with them? Do those in the different categories understand the different rights and responsibilities that they will have in future? Would the Minister like to comment on what he sees as being the consequences in real terms? In our earlier briefing, the Minister said, rather colloquially, that he thought that it meant that Northern Ireland fishers will be able to “face both ways”. Can he clarify what he meant by that? This may be a rare occasion when Northern Ireland actually benefits from the Northern Ireland protocol in terms of trade provision.

I do not know whether the Minister saw the recent press report that Scottish fishers on the western coast of Scotland are considering re-registering their boats in Northern Ireland ports. This would enable them to land their shellfish, most of which is destined for European markets, without paying any EU tariffs or taxes. Can the Minister that this would be perfectly legal, provided that it represented a genuine move in the place of operation? Has any further thought been given to the consequences of this? Is there a concern that it might spark a wider practice of companies switching their base of operation to Northern Ireland to avoid tariffs?

I look forward to the Minister’s response to these questions.