Fruit and Vegetable Harvest
Baroness Jones of Whitchurch Excerpts(4 years, 7 months ago)
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Lord Gardiner of Kimble
The noble Lord is right that more needs to be done. We do not eat enough fruit and vegetables but, at the same time, the Pick for Britain initiative—and I think we will find much greater awareness as we reach the peak of the growing season—means that we can absolutely use this opportunity to encourage the British consumer to buy and eat this excellent British produce.
Baroness Jones of Whitchurch (Lab)
My Lords, the Government seem to be relying on an army of furloughed staff to come forward to pick the UK harvest this year, but the furlough scheme is currently available only until the end of June. What will happen when those staff go back to their original jobs? How can he be confident that we will have enough pickers now and in the long term? Will there be enough volunteers and, if not, what is the plan B?
Lord Gardiner of Kimble
The Pick for Britain website and all that we are doing there is designed precisely to ensure that the point of the noble Baroness’s last question does not take place. We are clear that we want more people to come forward, particularly in their local areas; we think that students will have an important role to play. We are asking growers to put their vacancies on the website, so that there is a much greater range of opportunities. We will certainly work to ensure that those who continue to be furloughed—from what I am hearing, there will be waiters, chefs, hotel staff, students and landscape workers—are able to make a major contribution to this harvest.
Garden Centres
Baroness Jones of Whitchurch Excerpts(4 years, 7 months ago)
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The Lord Speaker
The Earl of Sandwich. Is he there? No. I call the noble Baroness, Lady Jones of Whitchurch.
Baroness Jones of Whitchurch (Lab)
My Lords, I agree with previous noble Lords who have spoken that there is no real logic to the Government’s current position on this. Hardware stores can be open but garden centres cannot. On behalf of the 300,000 or so allotment holders in the UK, perhaps I may remind the Minister that, in this time of crisis, we are making a great contribution to feeding friends, neighbours and the local community, and indeed are giving surplus produce to local food charities. So there is an urgent need to free that up. We rely on garden centres to replenish our stocks. I hope that the Minister can give us some guarantee that we will be put at the top of the list in the next stage of the lockdown so that people can have access again.
Lord Gardiner of Kimble
I thank the noble Baroness. Obviously, we want to keep this under particular review. I am very sympathetic to all the points that noble Lords have made, which is why I am working closely with the HTA so that, when it is deemed appropriate, we can reopen garden centres as soon as possible.
Agriculture: Dairy Prices
Baroness Jones of Whitchurch Excerpts(4 years, 7 months ago)
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Lord Gardiner of Kimble
My Lords, that is a very helpful suggestion. From the calls that I have been having with the Secretary of State and retailers it is clear that a lot of work is going on. One of the advantages of the temporary easement of competition law is to ensure that there is available capacity in the supply chain for processing milk into other dairy products such as cheese and butter, but I will very much take away the point noble Lord has made.
Baroness Jones of Whitchurch (Lab)
My Lords, does the Minister understand the urgency of the problem and the need to act quickly? As we have heard, a cohort of dairy farmers are currently pouring milk away and their businesses are close to collapse. They need reassurances that their businesses will not go to the wall. They are only a minority of farmers but obviously they are still an important group. Given the importance of the UK dairy sector to our food sustainability in the years to come, what guarantees are the Government able to give that that group will be protected? There have been a lot of talks, but they need underpinning with guarantees—that is really what is being called for at the moment.
Lord Gardiner of Kimble
I understand what the noble Baroness is saying, and it is why we are working with the banks on this part of the dairy sector in particular. In fact, Defra has had priority discussions with the major banks to ensure that they are clear that farmers, milk buyers and milk processors are eligible for the coronavirus business interruption loan scheme. The Agriculture Bill will provide us with opportunities for further work on a range of initiatives to improve the position of milk producers. However, I understand absolutely the noble Baroness’s point about urgency. That is why we are in urgent discussions with, and are working with, farming bodies and organisations.
Japanese Knotweed
Baroness Jones of Whitchurch Excerpts(4 years, 8 months ago)
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Lord Gardiner of Kimble
My Lords, we accepted the recommendation in the Science and Technology Committee report to commission a study of international approaches in the context of property sales, and we expect to receive the final report at the end of March. I shall make sure that the noble Lord receives it. On the psyllid, there are problems with climatic issues, so more recently we have been seeking psyllids from the north and west of Japan, where we think the climatic conditions could be more similar to our climate.
As for the work that CABI, the Centre for Agriculture and Biosciences International, is doing with the leaf spot fungus, this is a single-mating type of specialist pathogen developed into a product for direct application, but which would not persist and spread in the wild or threaten any native species. I emphasise that because the last thing we want is any unintended consequences. This is going to take some years to reach the shelves if it is successful, but it is all part of our endeavour to control this very invasive plant.
Baroness Jones of Whitchurch (Lab)
My Lords, I refer to my entry regarding Rothamsted in the register of interests. It seems that the much-maligned Japanese knotweed does have some uses after all: it has been found to contain a unique compound which can outperform traditional antibiotics in tackling Lyme disease. Does the Minister agree that this underlines why we need more research into using nature-based solutions to tackle animal and human diseases?
Fisheries Bill [HL]
Baroness Jones of Whitchurch ExcerptsWednesday 11th March 2020
(4 years, 8 months ago)
Lords ChamberRead Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-IV Fourth marshalled list for Committee - (9 Mar 2020)
“( ) For the purposes of making provision relating to subsection (2)(a), a charging scheme must take account of the public interest in ensuring that chargeable persons do not—(a) make financial gain, or(b) gain competitive advantage,as a result of their unauthorised catches of sea fish.”Member’s explanatory statement
This amendment would require charging schemes, when calculating penalties for unauthorised fishing, to consider the public interest in ensuring that unauthorised fishing does not result in a fisher enjoying a financial gain or competitive advantage.
Baroness Jones of Whitchurch (Lab)
My Lords, this is a fairly straightforward amendment addressing the issue of the discards ban, which we have debated thoroughly in the past. I am grateful to the noble Lord, Lord Teverson, for signing the amendment, given his committee’s impressive and forensic work on this very issue. I hope for a constructive reply from the Minister because the need to strengthen measures relating to discards is one issue where there has long been cross-party consensus.
We have moved quite quickly away from the original intent of the discard ban, which was to put virtually no value on the unauthorised fish caught and landed, to what is now proposed, which enables a charge to be paid so the fish can still be sold at market. But it is vital that these new charges do not incentivise wrong behaviours. We welcome that there are provisions in the Bill for penalties to be imposed as a result of unauthorised catches, and hope that these powers will be used in a sensible and proportionate manner. Perhaps the Minister can confirm that authorities, particularly in the first stages, will consider issuing warnings before imposing fines as the new scheme is bedded in. On the other hand, I hope that he will also be able to confirm that authorities will be able to ramp up fines in the case of repeated offences, where it is clear that a more deliberate illegality is taking place.
In the meantime, our amendment is primarily for probing purposes in order to better understand the proposed system. But it was also tabled out of a genuine concern that, if the penalty system is not designed properly, charges may be considered as a price worth paying in order to get around the discard rules. I look forward to hearing the Minister’s reassurance on this issue and I beg to move the amendment.
Baroness Jones of Whitchurch
My Lords, I thank the Minister for his helpful response. We are all looking for the best way to stop wasteful discards. As he will know, that has been campaigned for over many years. We were very pleased when the discard ban was introduced because it felt as though it was finally beginning to address the issue. If we now move away from it, we need to be assured that anything that runs in parallel has equal advantages.
I suppose that I had not quite understood that the scheme would be voluntary, so I assume that it is all still underpinned by the current discard ban and the charging scheme will work only in certain areas and certain fisheries.
Lord Teverson
Perhaps I may make an obvious point. It is generally understood that discarding is continuing as it always has done and that there is very little change in fishers’ activity in that regard. Therefore, bringing in a charge will be a greater incentive to them to carry on as they are at the moment. I welcome this initiative but for the scheme to be successful there has to be remote electronic monitoring or whatever on the vessels so that fishers cannot discard at sea. The scheme will work only if that is done; otherwise, it will be an additional incentive to discard.
Lord Gardiner of Kimble
That reminds me of a point that my noble friend Lady McIntosh raised. We have had a discussion about the requirements—not only REM but all the ways in which we need to work. We absolutely need to work with industry but we also need to say to it, “It is in your vital interests to work on this area because, in the end, if there aren’t sustainable stocks, there isn’t a sustainable industry”. They are so intertwined. I repeat that, once a scheme is up and running, the existing arrangements for prosecution of overfishing and the issuing of fines remain. This is an add-on, a further tool. There are other countries where it has worked well; this is an opportunity and work is in hand. We want to get the best scheme. It is important that we look internationally to see where it has worked and where it has not so that, when we deploy this, it hits the right target.
Baroness Jones of Whitchurch
Again, that is very helpful. I agree absolutely with the Minister that it is a good idea to look at what is working well internationally. If there are schemes that work well, we should certainly try to learn from them. It is a good idea also to take this slowly and at an appropriate pace with respect to the consultation. Having introduced one scheme, the last thing we want is for people to be confused about the legal underpinnings and their obligations. So, taking it in stages is a good idea. I accept that this is work in progress. It would be great to be updated at some point about how that consultation is going. It is a very delicate balance to set the charges to a level which bring about the right behaviours. They will need to be very nimble because what works in one sector or quarter might not work the same way in another. I do not envy the people who are trying to set those rates so that they incentivise the right behaviours.
I thank the Minister. It has been helpful to get these issues out on the table. Of course, I echo the points made about REM by the noble Lord, Lord Teverson, and the noble Baroness, Lady McIntosh. That is an issue that we have rehearsed before and will rehearse again. In the meantime, I beg leave to withdraw the amendment.
“( ) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring, remote electronic monitoring with cameras and recording fishing catches.”Member’s explanatory statement
This amendment would enable financial assistance to be provided for scientific data collection.
Baroness Jones of Whitchurch
My Lords, in moving Amendment 113 I shall also speak to Amendment 120. These amendments relate to the Secretary of State’s powers to grant financial assistance. Although amending different clauses, they work in tandem to allow for the collection of additional scientific data to influence future policy. Amendment 113 adds scientific data collection to the causes to which the Secretary of State can provide financial support. It also refers to support for remote electronic monitoring, the importance of which we have debated on a number of occasions. Amendment 120 would give the Secretary of State further powers to make provision relating to the collection of scientific data. It may be that other powers within the Bill would be sufficient to allow this; I hope the Minister can clarify that point. However, we believe that it is important to strengthen the requirement to fund and collate the best scientific data available. This is particularly important as we leave the EU and lose access to the mass of scientific work on fishing being carried out by other member states.
Much earlier in the withdrawal negotiations, there seemed to be a genuine desire to continue academic collaboration with our EU neighbours on a whole range of mutually beneficial research, but this desire seems to have withered. It no longer seems to be given any priority, so it is likely that we will have to rely on our own scientific community to provide the data which will form the basis of our sustainability agenda. If I am wrong, and the intention is still to seek some form of research collaboration, I am sure that the Minister will put me right. If I am right, our scientific community, however good it may be, will be stretched and will need all the financial support it can get.
We need the best available scientific data, produced in a timely manner. There are still enormous gaps in our knowledge. Data deficiency remains a real challenge. According to government data, the status of three of the UK’s 15 main fish stocks is unknown. As a result, much of the fish caught in UK waters cannot be marketed as sustainable. The catch, therefore, cannot be considered for Marine Stewardship Council certification. If we can address this deficit, it will help to improve sustainability, as well as potentially offering up more fishing opportunities and more economic stability for our fishers. I hope noble Lords will see the sense in these amendments.
Lord Teverson
May I come back on a couple of points? I thank the Minister for his positivity and I am grateful that he points out that the Bill allows financial intervention in terms of selective gear—that is very useful. One of the things that has come out from Select Committee work is that something that is perhaps not tracked by government, and I am not saying that this is easy, is how selectivity is being applied or is increasing. It is one of those areas that is quite important to track, so I just make that point.
I find it difficult to accept the idea that by giving a financial answer to sustainability we will get a rush to fish. Let us get back to the real world. The way it has worked in the past and will do in the future is that there will be, I presume, an annual agreement about quotas for the various fisheries. At that point we will get the dilemma that if we have an extremely low TAC we know that it will be very difficult for certain sectors of the industry, whichever sectors they are. That is the point at which the political compromise will be made and we will say, “All right, that is not sustainable. We have to help coastal communities, so we will fudge the scientific advice and allow that quota to go up.” This amendment would mean that at that annual negotiation we can say, “No, don’t fudge the scientific advice. You have to go by the scientific advice, but we recognise that there is pain in that sector of the fleet and we will find a financial way around it.” The noble Lord, Lord Cameron, has often made the point that this has often been used in Europe as an alternative, sometimes quite successfully.
I was in Mevagissey at the weekend, looking at the vessels there. It is the second largest Cornish fishing port, and there was a proud sticker on the side of one wheelhouse saying “Fishing For Plastic.” There are schemes like that, so we are not paying for fishers to sit down with their feet up and enjoy the rest of the year at the taxpayers’ expense. It is a bit like the initiative on elms in the Agriculture Bill that I praised in the past. There are ways of doing it. There is no incentive to rush out to get your quota and then stop: this is about an annual situation. Responding to the positivity of the Minister, I am trying to explain that this amendment does not do that; it is trying to solve the dilemma in a positive way, a way that has been done by other fisheries administrations before. I think it is key to solving the economic issue while making sure that we are able to stick to sustainable fish stocks and scientific advice. I just wanted to make that clear.
Baroness Jones of Whitchurch
The noble Lord, Lord Teverson, made that point extremely well, and I hope the Minister will take it away and reflect on it further. As he says, there are all sorts of sustainability activities that one can imagine the fishers being funded to carry out that are not just straight fishing. If we were being more imaginative in the Bill, we could be more imaginative on those sorts of issues as well.
I want to say something about funding, because the noble Baroness, Lady McIntosh, quoted the Secretary of State on long-term funding commitments and asked which budget they will come from. I know that the Minister mentioned the spending review, but that is not the same as the commitment that seems already to have been made. I think he said that he would write or give us further information. Perhaps he could do that in writing to say what that longer-term funding will be and how it will be funded in the future. That would be extremely helpful, because that question mark still hangs over this.
I was not convinced. I did not come to bang my drum for Amendment 113 in particular, but the more the Minister tried to rubbish it, the more I got quite defensive about it. For example, in the Bill we have this long list of reasons for funding to be given by the Secretary of State, some of which are quite major and others one might think are not so significant. We are trying to say that collecting the scientific data is as important as them. I am sure that it is. It must be on a par with that because it is at the heart of our sustainability measures. Given that we already have a long list, I cannot see why we cannot add a paragraph (j) to the bottom of that long list.
Lord Gardiner of Kimble
The point is that I can foresee that there would be scientific analysis of the majority of them. It is not as if science is over there; science will provide the solutions and the answers to this long list. That is why—obviously not successfully—I am seeking to deploy that science and the collection of scientific data are absolutely included. That is a given, and it is applicable. There will be all sorts of ways in which science can apply for financial assistance with regard to much of that long list.
Baroness Jones of Whitchurch
My response to that is, if that is the case, why not put it here? The scientists themselves might find that easier, rather than having to claim for funding as a sub-clause of one of these things listed here, and it might make the funding more accessible if it was stated absolutely in the Bill. I am not absolutely convinced by what the Minister has attempted to say on that.
The Minister then attempted to say that, in any case, Amendment 113 does not stand up legally. We talked about the gathering of scientific data and some of the reasons that it might be necessary—stock assessments, vessel monitoring and so on—and he said that some of those things are mandatory already. I hear that point, in which case I increasingly feel that I will take this away and put forward a more general clause which says “the gathering of scientific data”, so that we will not be precluded from some things that are already mandatory. We can play around with the wording, which might provide a solution for all of us.
I feel that the Minister’s lawyers have been overanalysing all this, poring over it in rather more detail than they needed to. Again, I absolutely agree with the noble Lord, Lord Teverson, that the idea that there is a legal failure in the wording of the policy that is put forward in his amendment does not stand up to scrutiny. If we do not have the wording exactly right on that, we can find the right words for what the noble Baroness and the noble Lord are attempting to do to ensure that we have sustainable fishing and a balance with socio-economic activities.
I am sorry to say this, but I am not absolutely convinced. It would be helpful to have some more information about how the long-term science will be funded, and it comes back to something that we have been discussing ever since we started talking about the EU withdrawal Bill. A lot is riding on the UK science community. We always talk about the great strengths that it has and the fantastic work that it does, but it will be stretched to meet all these new targets as it used to share a lot of the work with its EU counterparts. It will need support and access to new funds, and the more reassurance we can give it in the Bill or elsewhere that those funds will be coming to it, the more we can have confidence that a future sustainable scheme built on the best scientific advice is a reality rather than just something that we aspire to. In the meantime, I beg leave to withdraw the amendment.
Lord Randall of Uxbridge
My Lords, I will speak to my Amendment 128, to which the noble Baroness, Lady Worthington, has attached her name.
In 2001, I was top of the Private Member’s Bill ballot in the other place and introduced the Marine Wildlife Conservation Bill, which passed its stages in the Commons but, sadly, did not go through your Lordships’ House. At that time, I realised how complex the whole marine environment—in the wider sense of the word—is, including how many different interests there are and the different contexts; fisheries is the most obvious, but there are many others. I am pleased to say that my early foray into this area led to the Marine and Coastal Access Act 2009, to which my Bill was a little nudge.
I am a very simple person and this is a very simple amendment. It seeks to add to the Short Title of the Bill the words “and Marine Conservation”, as in the Long Title. I have listened to much informed debate here, and now have much more knowledge of fisheries than I have ever had; when I have not been in the Chamber, I have looked at Hansard. I therefore realise that this is very complex. I think it is the Government’s intention to make the Bill not just about the fishing industry but about sustainability, and to look at marine conservation—as I said, it is in the Long Title. It is important to put it in the Short Title also because a lot of people, including probably me, think that when we talk about fisheries we are talking purely about the industry. It is of course much more than that.
As most life in the marine environment is under the sea, it is not visible—there are obvious exceptions, such as birds and the cetaceans that surface from time to time. I am not sure that the public are entirely aware of what has happened in our depleted under-sea environment. I think that if it was terrestrial, many people would realise what was going on. It is rather like the American bison that once roamed the plains in their millions, and was then reduced to very few, or perhaps the passenger pigeon that once darkened the skies, and was shot and used for pet food, and then suddenly went extinct. If people realised what was happening under the water to a lot of our fish stocks, they would be appalled.
This Bill does a lot towards that. Although I am a little disappointed with some areas, I am beginning to understand this place and know that the Government will look again at some of these things on Report, and that the Bill will go down to the other place. But we have to be very careful. In the first speech I made on this Bill, I mentioned the Newfoundland cod stocks that disappeared. I am very concerned that, if we are not careful, similar extinctions will occur, which will have an economic and social impact on our fishing communities, not to mention on wildlife. Obviously, it is not just us who enjoy the nutritious meal that is fish; the sand eels that are taken are a very important part of the diet of many seabirds.
I always want to be helpful to the Government—it is a trait I have had ever since my party has been in government—and I think this would be a good addition to the Bill. It will not cost much, only the cost of reprinting, and it would send a message. Of course, it would also make it easier for us to make sure that the Government’s feet are firmly to the fire on some of the conservation measures in the Bill. With that, I leave this with the Government. If they want to take it as their own clever idea, I would be more than delighted.
Baroness Jones of Whitchurch
My Lords, I will speak very briefly. I am grateful to the noble Lords, Lord Teverson and Lord Randall, for proposing these amendments.
As the noble Lord said, Amendment 123 seeks a consultation exercise on how fisheries regulation activities can be rationalised or better shared. The noble Lord, Lord Teverson, made a very good case for better co-ordination, particularly between the IFCAs and the MMO. Again, we all acknowledge his considerable experience in this regard. We would hope that this is something that the department is doing anyway, particularly as part of the repatriation of policy from the EU. However, I agree very much with the noble Lord that there is further work to be done on this and that this information should be made available to Parliament for further consideration and debate. Therefore, it would be helpful to have this as a requirement in the Bill.
The noble Lord, Lord Randall, has made a very simple proposal about changing the Short Title of the Bill to “Fisheries and Marine Conservation Bill”. It is a simple idea, but we very much support the amendment. It encapsulates many of the preceding debates we have had. It is clear that we do not want to put an artificial divide, with marine conservation being dealt with in the Environment Bill rather than as part of the Fisheries Bill, as we think it should be. This is important and it is a central principle here. As the noble Lord, Lord Randall, made clear, this Bill is not just about the industry; the decisions we are making have all sorts of wider ramifications and knock-on effects.
We have so much more to do in delivering the rollout of the blue belt of marine conservation areas. The amendment underlines the importance of marine planning in the conservation of our fishing stocks. As the noble Lord said, changing the title of the Bill would send an important message in this regard, so we share the hope that the Minister will see that this simple and helpful suggestion is something that the Government could support. Therefore, we add our support to the noble Lord’s suggestion.
Baroness Bloomfield of Hinton Waldrist
My Lords, I am grateful for Amendment 123, tabled by the noble Lord, Lord Teverson. I welcome the opportunity to set out the arrangements already in place for ensuring such co-ordination, because I believe the Bill supports the aims of the noble Lord’s amendment. I will address the amendment as two parts.
First, the Maritime and Coastguard Agency and the Marine Management Organisation have distinct and separate regulatory functions. The MCA is responsible for providing a 24-hour maritime search and rescue service around the UK coast, as well as producing legislation and guidance on maritime matters, and certification for seafarers. The MCA is sponsored by the Department for Transport, as its responsibilities relate to vessels and infrastructure. By contrast, the MMO licenses, regulates and plans marine activities in the seas around England to ensure they are carried out in a sustainable way.
Notwithstanding this distinction, there are areas of shared interest where these organisations already co-ordinate and work jointly to achieve their regulatory purpose effectively. This includes the operation of aerial assets for monitoring and surveillance, the collocation of personnel in the Joint Maritime Operations Coordination Centre, and intelligence sharing. Opportunities for further collaboration and efficiencies are still being identified.
Fisheries Bill [HL]
Baroness Jones of Whitchurch ExcerptsMonday 9th March 2020
(4 years, 8 months ago)
Lords ChamberRead Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-IV Fourth marshalled list for Committee - (9 Mar 2020)
Lord Randall of Uxbridge (Con)
My Lords, I wish to add briefly to what has been said. This is probably the most important thing that we could do to improve the Bill. I am always happy to listen to the experts. I regard myself not even as a particularly knowledgeable amateur in the field of fisheries, but even I can see the merits of this not just for the data collection and what we are doing on bycatch but, as has been said, to put us in this country at the leading edge of what is being done. As I get a feeling that something else is about to happen, I will sit down, but the feeling from this side of the House, and my point of view, is that Amendment 124 in particular, in the name of the noble Lord, Lord Krebs, is a very worthwhile amendment.
Baroness Jones of Whitchurch (Lab)
My Lords, we very much welcome the tabling of these amendments, all of which deal with the introduction of remote electronic monitoring cameras on vessels.
I say first that I listened very carefully to the noble Lord, Lord Krebs. I am sorry that he felt that we did not take his comments seriously when he last made them. I certainly listened carefully to what he had to say when this was last debated. I am quite prepared to admit that maximum sustainable yield is not the best measure, but I have not read the book or the scientific treatise to which he referred. I would say back to him: if not that, then we need to find the right form of words that we can put in the Bill. We all know that we want to deliver sustainability. It does not have to be through maximum sustainable yield or, indeed, through some of the other amendments that we have elsewhere in the Bill, which talk about setting the standard above maximum sustainable yield so that there is some leeway. But if that is not the right measure, we need to find something that can practically be put in a Bill. I am very happy to talk to him and learn a bit more about how we might do that.
We agree with the noble Lord and others who have spoken that full and verifiable documentation of catch is absolutely important and can provide help with enforcement and be an added safety feature on boats. Again, I agree with particularly the noble Lords, Lord Teverson and Lord Krebs, that these amendments could be the vehicle for bringing about a major change in a Bill that in many other respects seems to maintain the status quo. They are, therefore, important amendments and we hope that we can follow them up on Report.
If the UK is to achieve its sustainable fishing goals, it needs advance data collection to allow authorities to be better informed about the true state of our fishing stocks, to ensure that quotas are set in line with the most up-to-date and accurate scientific advice. REM has the great advantage of providing data in real time, and could provide a complete snapshot of fish stocks and their movement around our waters. This could also add to our intelligence about the impact of climate change and warming waters. It could also create new economic opportunities. Historically, two-thirds of UK fishing stock has been fished beyond its sustainable limits, but better scientific advice does not necessarily mean fewer fishing opportunities. The New Economics Foundation has estimated that if catches were properly aligned with the best scientific data, the yield could actually increase to something like 45% higher landings, and an additional gross value of around £150 million across the UK coast. Better data would also allow more opportunities to classify UK-caught fish as sustainable and to qualify for the Marine Conservation Society’s approval, which could boost their sales in supermarkets and lead to more sustainability.
We therefore see the introduction of REM as a win-win for the sector. Many larger vessels already have this technology; the challenge for us is to roll this out so that it is a universal requirement for all licensed vessels fishing in our waters. Obviously, we do not want the cost to be a barrier for smaller vessels, but the cost of this equipment is coming down and the Government could help by issuing some standard specifications that would make production more efficient. We also have Amendments 113 and 120 to be debated later, which would allow financial assistance to be given to aid the gathering of scientific data that might help in this regard and could be used to subsidise REM for those on the smaller fleet.
We draw a big distinction between REM and the catch-tracking app that has been introduced by the MMO for boats under 10 metres. The noble Lord, Lord Cameron, raised concerns about this in a previous debate, but I hear the noble Lord, Lord Teverson, say that he thinks it is a good idea. We will have to agree to disagree on this, because for us it seems that this has been gone about in completely the wrong way. It comes with the power to prosecute and demand heavy fines—up to £100,000—for those found to have imputed catch weights into their smartphone that are wrong by a margin of 10% or more. Many of these boats do not have accurate weighing scales on board, however, and many fishers are forced to rely on estimates, which can clearly lead to incorrect data being submitted. It feels as if a whole new layer of bureaucracy and red tape is being introduced by these measures, whereas REM would provide an independent measure of the catch.
I turn to the specifics of the amendments. Those in the name of the noble Baroness, Lady McIntosh, are rather absolutist in their approach, making the installation of video equipment a condition of licences being granted to both UK and foreign vessels. Amendment 112, in the name of the noble Lord, Lord Teverson, offers an alternative way forward, requiring REM on vessels of more than 10 metres and commissioning a feasibility study for under-10s. Amendment 124, in the name of the noble Lord, Lord Krebs, would allow a phased introduction of REM and might be the best solution if we are to find a consensus about a way forward.
Regardless of the approach, there appears to be a consensus that we should move forward towards mandatory video monitoring as part of the fight against irresponsible behaviour and for better data collection on fish stocks. I hope noble Lords will support these amendments.
Lord Gardiner of Kimble
My Lords, I am most grateful to my noble friend for her Amendments 77A and 80A, and to other noble Lords for their amendments, which, in various ways, seek to place requirements on fisheries licensing authorities to introduce onboard monitoring equipment and cameras on British boats and foreign vessels fishing in UK waters. I reiterate that this Government remain fully committed to reducing bycatch and ending the wasteful discarding of fish. While we recognise the potential of onboard monitoring and cameras as an effective technology to monitor, control and enforce the end of wasteful discarding, Amendment 77A could divert us from taking a more appropriate, risk-based, intelligence-led enforcement approach through vessel monitoring systems and aerial surveillance, for example, as well as ones that may develop in the future, such as onboard observers or drones.
Control and enforcement, and fishing vessel licensing, are both devolved matters. The amendment cuts across devolved competence by trying to prescribe this at a UK level. It is for each devolved Administration to decide how best to control their waters, tailoring their management measures to their specific industry.
Fisheries Bill [HL]
Baroness Jones of Whitchurch ExcerptsMonday 9th March 2020
(4 years, 8 months ago)
Lords ChamberRead Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-IV Fourth marshalled list for Committee - (9 Mar 2020)
“Enforcement of licences
(1) A Minister of the Crown must, before the end of the period of 6 months beginning with the day on which this Act is passed, lay before Parliament a statement containing the policy of Her Majesty’s Government in relation to the—(a) routine patrolling of waters within British fishery limits, and(b) enforcement of the requirements under sections 14(1) and 16(1).(2) The statement under subsection (1) must include a declaration of whether, in the Minister’s opinion, the United Kingdom has sufficient resources to undertake the actions mentioned in subsection (1)(a) and (b). (3) If, in the Minister’s opinion, the United Kingdom does not have sufficient resources to undertake the actions mentioned in subsection (1)(a) and (b), the Minister must, within 30 days of making the statement, publish a strategy for acquiring such resources.(4) A strategy published under subsection (3) must be laid before each House of Parliament.(5) For the purpose of this section “sufficient resources” includes—(a) an appropriate number of vessels,(b) an appropriate number of personnel, and(c) any other resource that a Minister of the Crown deems appropriate.”Member’s explanatory statement
This amendment requires a Minister of the Crown to outline the Government’s policy in relation to the patrolling of British waters and enforcement of fisheries licences, and, in the event of the UK not having sufficient resources, requires publication of a strategy for them.
Baroness Jones of Whitchurch (Lab)
My Lords, my proposed new clause seeks to clarify whether we have sufficient resources to patrol British waters and enforce fisheries licences, an issue we did begin to touch on in previous debates.
Apart from the odd skirmish, we have had a settled agreement on the distribution of fishing rights in UK waters and shared waters in recent times. However, leaving the EU and the common fisheries policy will potentially change all that. We do not know the outcome of the trade negotiations with particular regard to fisheries, but there are bound to be winners and losers—and there may well be bad losers.
We very much hope that the settlement works to everyone’s advantage, but that seems unlikely. The truth is that most commentators expect fisheries to be a highly emotive part of the UK-EU negotiations. I am sure that the noble Lord will seek to reassure us otherwise, but it seems unlikely that UK fishers will see a return to the unconstrained access to UK waters that they were promised in the referendum and beyond. The potential for bad feeling and a sense of betrayal could prevail from a number of quarters.
This brings us on to the resources needed to manage these disputes, which is the issue covered by our amendment. The Minister’s helpful letter following Second Reading described how offshore fisheries enforcement in English waters will be primarily delivered by two vessels operated by the MMO. In addition, the Royal Navy is increasing its offshore patrol vessels from four to eight in 2020, but only two of these would regularly be available to support fisheries enforcement. This does not seem sufficient for what could be choppy waters, and it is not clear whether Ministers consider these numbers sufficient or how they intend to deploy this capacity once the UK is an independent coastal state.
Therefore, we are seeking to require a statement setting out whether the UK has sufficient resources to patrol our waters and to enforce the licences. This includes whether we have sufficient vessels and personnel. It should also clarify what training Royal Navy personnel will be given in this specialist, potentially somewhat diplomatic, enforcement requirement. For example, what orders will enforcement boats be given when interacting with those they suspect of breaching licensing arrangements?
Given the PM’s stubbornness on the transition period, everyone is having to work on an accelerated timeline. We need to be confident that the UK is prepared to take up these opportunities to bring the matter to Parliament. Unless the Minister can offer a guarantee of a debate in the weeks and months to come, it seems we will get clarity only by introducing a statutory reporting requirement as set out in this amendment. I beg to move.
Lord Teverson
My Lords, I thank the noble Baroness, Lady Jones, for an excellent and important amendment. There is no point doing any of this stuff if we cannot enforce it, and enforcement on the high seas is one of the most difficult tasks that there is in terms of enforcement of laws and regulations, as we well know.
I absolutely take the noble Baroness’s point—I hope the Minister does as well, although I am sure he does—about the sensitivity of this. If negotiations are difficult, potentially we will have quite angry people on the seas from 1 January. It is important that any incident can be dealt with properly and diplomatically. We saw in the Baie de Seine, back in the latter part of 2018, how a dispute on the high seas quickly becomes dangerous and difficult to control—sense came when the two Governments came together afterwards to sort it out. There are all sorts of tensions there.
The question I particularly want to ask the Minister is about something that came up when the Secretary of State was in front of the EU Energy and Environment Sub-Committee last week. One of the officials there with the Secretary of State said that a lot of the money going into enforcement was part of the Brexit process and therefore temporary. I would be interested to hear from the Minister what sort of budget has been put forward for additional enforcement over the time of Brexit and a potential Australian-style deal at the end of this year. What is the ongoing enforcement funding likely to be? There is too much temptation for the Treasury to be generous—realistic, shall we say—with enforcement funding over the Brexit transition period but thereafter ask Defra for huge economies in enforcement as it has done in the past. Assurances from the Minister, or otherwise, would be very useful at this stage.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I thank the noble Baroness for her amendment. The UK Government’s robust fisheries enforcement system is delivered in England by a number of agencies working in partnership, in particular the Marine Management Organisation, or MMO, the inshore fisheries and conservation authorities, or IFCAs, and the Royal Navy. Fisheries enforcement is a devolved matter, with each Administration ensuring that appropriate control and enforcement matters are in place in its waters.
As I am sure noble Lords are aware, the UK has recently taken significant steps and we have been working closely with the devolved Administrations to ensure that the UK can enforce its fishing rights. As the noble Baroness said, the Royal Navy is increasing its force of offshore patrol vessels, or OPVs, from four to eight ships over the next year. Currently, four are operating at sea, conducting enforcement and overseas tasking, with four in build or regeneration. Of these, at least—I emphasise the “at least” to the noble Baroness—two Royal Navy OPVs are always provided to support MMO activity in English waters.
The MMO’s core provision includes two offshore patrol vessels and up to two aircraft. IFCAs provide an additional layer of inshore surface surveillance capability, which includes 22 vessels. Administrations share assets when appropriate. This may be as a joint working, MoU or chartering arrangement. For example, the MMO and the Welsh Government have agreed an MoU to undertake joint working and patrolling in each other’s waters.
Marine Scotland’s aircraft and patrol vessels have operated in other Administration’s waters, and it is receptive to requests for its assets to assist when possible. Marine Scotland operates a fleet of three marine protection ships and two surveillance aircraft. In Northern Ireland, DAERA has one fisheries protection vessel, accompanied by two fast-response rigid inflatable boats, or RIBs, dedicated to inspection work. Wales operates three vessels: a 24-metre monohull, a 19-metre catamaran and a 13-metre fast response cabin RIB.
In respect of England, via the MMO we have increased the number of front-line warranted officers by 50% for 2019-20, which is 35 people, putting in place a framework to increase aerial surveillance capacity by a maximum of two surveillance aircraft as risk and intelligence demands and chartering two additional commercial vessels to enable an increase in routine sea-based inspections to supplement provision from the Royal Navy Fishery Protection Squadron. I say to the noble Baronesses that it is one of the oldest front-line squadrons in the Royal Navy. It goes back many centuries and has a long history of dealing with these matters. There have been all sorts of instances in the past and, if this were to occur again, I am confident that our service men and women would have the ability and knowledge to deal with these matters proportionately and sensibly.
Additionally, it is also important, since we had an earlier discussion about this, that surface patrol vessels are complemented by satellite-based surveillance technologies such as vessel monitoring systems, or VMS, and electronic reporting systems, or ERS, monitored by the MMO from Newcastle. The noble Lord, Lord Teverson, will know about this, but when I and the noble Lord, Lord West of Spithead, went to the MMO, this was a feature of every vessel we were taken through. I am sure that the MMO would be very pleased for noble Lords to look at this interesting capability. I would be very happy to facilitate that.
These provisions are in line with the MMO’s latest assessment, based on a risk-based, intelligence-led control and enforcement strategy. This is regularly monitored and reviewed, which is entirely appropriate to ensure that in all circumstances we are receiving that assessment.
The amendment’s proposed requirement for a Minister to declare the UK Government’s fisheries enforcement resources sufficient duplicates our existing policy and procedure. In addition, noble Lords will also be aware of the Joint Maritime Operations Coordination Centre, or JMOCC, which was officially approved by the Home Secretary in October 2017. The JMOCC has enhanced the co-ordination of cross-agency patrol capabilities, increased information and resource sharing, promoted prioritisation across government assets and enhanced aerial surveillance operations to derive maximum surveillance benefit. In place in its operational headquarters, the JMOCC has highly trained and professionally qualified representatives from key stakeholders, including Border Force, the Ministry of Defence, the Department for Transport, the National Maritime Information Centre and the police, as well as the MMO and Marine Scotland. This ensures that available resources can be fully and appropriately utilised across the United Kingdom, thereby maximising our maritime capability, including fisheries protection.
As I have highlighted, the control and enforcement is a devolved matter, and it will continue to be for each devolved Administration to decide how best to control its waters and what new arrangements may be needed in future. In that context, I should say that Defra, the Scottish Government, the Welsh Government and the Northern Ireland Executive will continue to work together to share information and ensure a co-ordinated approach to monitoring, compliance and enforcement across UK waters. That will be undertaken.
I have perhaps gone into more detail on some of the abilities for all parts of the United Kingdom to contribute to this process, so I hope noble Lords will forgive me for that detail. I hope with that explanation—
Baroness Jones of Whitchurch
There were other questions posed by the noble Lord, Lord Teverson, to which I hope the Minister will respond. Going back to the Navy, the Minister talked about the MMO having a risk-based intelligence review that justified the number of vessels it was able to provide. However, it seems to me—I am sure my noble friend Lord West would reiterate this point—that there is a sense that the Navy is overstretched, and that the two or four vessels to which the Minister referred as being available do not seem a lot in the short term. I am sure that eventually things will settle down again, but in the next 18 months I can see that small skirmishes could break out because of misunderstandings in all sorts of places. People could misunderstand the new rules, for example. It only needs something to happen in the English Channel and the Irish Sea at the same time for resources to be stretched. Does the Minister think that there are sufficient resources? That is the real question, not what everyone else thinks. Does the Minister, who is ultimately responsible, feel that this is sufficient resource?
Lord Gardiner of Kimble
I absolutely understand the point made by the noble Baroness. My assessment is that this is at the right level, and the fact is that the Royal Navy is growing or doubling its vessels. That is why I emphasised the phrase “at least”. There is an agreement between the MMO and the Royal Navy about those two things. I emphasised “at least”; all our efforts will be to ensure that there are no difficulties at sea, which would be in no one’s interests. That is precisely why I explained about the doubling of the number of front-line warranted officers, and why I outlined increasing aerial surveillance and the work of surveillance technologies. All this is upscaling, precisely to accommodate the point made by the noble Baroness, if we are in potentially uncertain times, rather than where we were before. I described the increase in almost every feature of what is available to us at sea, including technology and personnel, to accommodate the possibilities that the noble Baroness outlined. I am basing my judgment on a much more rigorous assessment than me just saying yes to the noble Baroness. It is also why JMOCC is so important, because so much of this is intertwined with those organisations involved in JMOCC. It is terribly important that the MMO and Marine Scotland are part of that because there may be a time when fisheries protection becomes an issue and all this resource across the United Kingdom and the Royal Navy may need to be deployed.
I will say that the answer is yes, but it is not a glib yes. It is because the people who understand these areas have assessed and advised us that we should increase what we have done. That is why I am confident that we are where we should be. However, I emphasise to the noble Lord, Lord Teverson, that it is really important that all these matters are kept under review. That is why I deliberately emphasised that, on this matter, there is strong working with all four fisheries administrations in the United Kingdom interest.
Baroness Jones of Whitchurch
I thank the Minister for that reply. We wish him well in his application in the spending review. I suppose that is what we should say first.
We here today really do not have an understanding of the scale of the problem. We are talking in a vacuum. Once the trade negotiations are complete, we will have a much better idea. We will really know who the winners and losers are—who is angry and who is not. At that point, I would like to think that the Government will have the flexibility to draw on other resources that may not be currently available.
I may be anticipating a problem that will not exist or will be 10 times worse than I have already described. It seems wrong when we have a Bill such as this to just say, “Let’s wait and see”, but I do not think we have much of an option at this stage. I would like to think that we have the flexibility to look at this issue of resources again at some point, even if not through the structure of the Bill. In the meantime, I beg leave to withdraw.
“Negotiations on fishing opportunities previously governed by the Common Fisheries Policy
(1) A Minister of the Crown must, before the end of the period of three months beginning with the day on which this Act is passed, lay before both Houses of Parliament a statement containing—(a) information on the status of negotiations with the European Union and other relevant parties on fishing opportunities after IP completion day which were governed by the Common Fisheries Policy before IP completion day,(b) the policy of Her Majesty’s Government in relation to access, after IP completion day, for British fishing boats to EU quota for distant waters outside of the British fishery limits.(2) To meet the requirement under subsection (1)(a), the statement must include a declaration of whether Her Majesty’s Government intends to reclaim the United Kingdom’s full share of EU quota on IP completion day or over a period of time.”Member’s explanatory statement
This new Clause requires a Minister of the Crown to lay a statement before Parliament outlining the status of UK-EU fisheries negotiations and the Government’s policy in relation to (1) ongoing access to EU distant waters quota for British fishing boats and (2) the time period over which it will reclaim the UK’s share of EU fishing quotas.
Baroness Jones of Whitchurch
My Lords, this amendment addresses a running concern in the Bill that Parliament will be precluded from knowing the details of the trade negotiations as they affect fishing opportunities until it is too late to comment or influence the outcome. In his letter to Peers, the Minister referred to future treaties, including a framework on fisheries with the EU needing to be laid before Parliament before it is ratified. We would argue that this is too late for Parliament to have any real influence. As we have previously said, this is a particularly sensitive issue given the promises made to UK fishers, and to the electorate, about reclaiming our share of EU quota as we leave the EU at the end of the year.
The Minister has previously stated that this Bill is intended to be negotiation-neutral, but the reality is that we cannot debate our transition to being an independent coastal state without considering the prospects for a future UK-EU deal on access to our fishing waters. If this Bill is not the right vehicle for parliamentary scrutiny of future arrangements—it appears from what the Minister has said that it is not—then many of us will feel frustrated. It is important to clarify what the alternative is. New subsection (1)(b) proposed in the amendment includes a specific reference to retaining a share of EU quota for distant-waters fishing outside UK limits. This is an aspect of the fisheries debate which has not received as much attention, but it is important for parts of the UK fleet.
We appreciate that the UK position is that we want to reach an agreement with the EU and vice versa. However, if that does not prove possible, the default position is that the UK will unilaterally repatriate 100% of quota for UK waters next year, while potentially cutting off access to EU waters immediately for those who fish those distant waters. This could have a huge implication for the UK fleet, much of which relies on continued access to those distant waters. We do not know whether the Government intend to do this or whether they would negotiate some other form of transitory agreement with the EU. It would be helpful if the Minister could clarify the Government’s thinking on this issue.
Meanwhile, I hope that noble Lords will support the amendment. It seeks to give a clearer role for parliamentary scrutiny over these decisions, which could have profound implications for the future of our fleet. I beg to move.
Lord Teverson
My Lords, I am very pleased to support the amendment. If there has been one mistake made since the referendum—apart from the result of the referendum which, of course, is indisputable and I entirely accept—it is that the Government have attempted to exclude Parliament from so much. That has been part of the reason why we have had the three years of turmoil that we have had. It is therefore important that the Government keep Parliament involved or up to date on how these negotiations are working; though clearly Parliament is not looking for the final resolution, those negotiations have to take place in that context.
Last week, I was concerned that when the Secretary of State was in front of the EU sub-committee, he stated that the Scottish Administration—or a Scottish Minister—would not be allowed in the room when the negotiations took place. He was very specific about it: I questioned him and checked what he had said. He said it was because this was not a devolved matter but a matter for the United Kingdom. It was slightly ironic, given the discussions we have had on this Bill. Will the Government reconsider that position, because the Scottish fishing industry is fundamental to the UK fishing industry? This is an area on which the Government ought to change their view. I very much support the amendment and the spirit in which it was introduced.
Baroness Jones of Whitchurch
I think I am going to ask one of my dumb questions, which I know the Minister will tolerate. I am trying to understand the process here, because 1 July is quite soon for the negotiations to be complete. The Minister said that both Houses will be able to scrutinise. Scrutiny quite often happens after the event. How will Parliament be kept informed of those negotiations before the ink is on the paper and everything is a signed and sealed deal? Which bits of the two Houses will see this before it is signed? We had a skirmish about this with the overall withdrawal agreement and it would be good not to have to repeat that anguish for something as specific as this. Can he reassure me that we will see those details and be allowed to comment on them before it is all signed off?
Lord Gardiner of Kimble
I think it would be best if I just repeat that the Prime Minister has already committed to provide further details as the negotiating process develops. I have said those words at the Dispatch Box twice now, and that both Houses will have access for scrutinising the actions. I well understand the point the noble Baroness is making. Obviously the Government have responsibilities for negotiations, but the Prime Minister has already committed to provide further details as the negotiating process develops. I do not think anyone could interpret that as being at the end, when everything has been said and done.
Baroness Jones of Whitchurch
In that case, I am grateful to the noble Lord and I think it would be helpful if he could just check the point that the noble Lord, Lord Teverson, raised—I know he said he would—about what was said at his committee last week. I will look at Hansard carefully but, in the meantime, I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment makes it compulsory for the Secretary of State to make a determination relating to annual fishing opportunities.
Baroness Jones of Whitchurch
My Lords, Amendments 92 and 97 are in the name of my noble friend Lord Grantchester and Amendment 96 is in my name.
Amendment 92 raises an important question about the role of the Secretary of State in overseeing the total stocks that can be fished by UK fishing boats in a calendar year. It addresses what happens if the combined policies of the joint fisheries authorities and the fisheries management plans add up to a greater allowable catch than science tells us is sustainable for UK waters. Somebody needs to keep an overview of the overarching picture and, in the absence of another competent authority, we argue that this role should fall to the Secretary of State. Hence our amendment requires that the Secretary of State “must”, rather than “may”, determine annually the maximum quantity of fish to be caught and the maximum number of days at sea. This determination should lie at the heart of our commitment to deliver the objectives set out in Clause 1.
We also have some sympathy with the amendment in the name of the noble Baroness, Lady McIntosh, which explores why the determination is limited to our international obligations, rather than applying to all UK fishing agreements. It would also be helpful to have some clarity on the existing wording. For example, do our international obligations cover the general sustainability commitments in UNCLOS? What happens if we fail to reach an agreement with the EU? Would that mean that there would be no obligation to make an annual determination? I hope the Minister is able to shed some light on these issues.
Amendment 96 requires the devolved Administrations to be consulted on this determination. It is a probing amendment to check whether the consultation provisions in Clause 24 apply also to this clause. I assume that this is the case, but it would be good to have this on the record. The amendments in the names of the noble Lord, Lord Lansley, and the noble Duke, the Duke of Montrose, go further and extend the categories of those who would be consulted to a wider group of interested parties, and I think these proposals also have merit. However, it is vital that any determination made under this clause is subject to the best scientific evidence, and the amendment in the name of the noble Baroness, Lady Worthington, makes this absolutely clear. This is a matter we have spoken about before and we reinforce our support for it again.
Finally, our amendment builds in a process for proper parliamentary scrutiny of the Secretary of State’s determination by insisting that it should be subject to affirmative approval. A number of noble Lords are on the same page here. We want to ensure that UK fishing does not exceed the best scientific evidence but that the Secretary of State plays a role in overseeing this responsibility, and we want all appropriate stakeholders, including Parliament, to be consulted. I hope noble Lords will see the sense of this and will support these amendments. I beg to move.
Baroness McIntosh of Pickering
My Lords, I associate myself with the amendments in the name of the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Grantchester. I shall speak to my Amendment 92A. In the absence of my noble friend Lord Lansley, who is travelling from an engagement and has not yet arrived, I shall speak also to his Amendment 100, and to Amendments 101 and 102 in the name of my noble friend the Duke of Montrose, to which I have appended my name.
The noble Baroness, Lady Jones, was kind enough to lend her support to Amendment 92A, which just seeks clarification as to what my noble friend the Minister means. I thought the easiest way of extracting that information was to suggest that we delete Clause 23(2) because on the present reading of that—and looking at Clause 36, which in some respects is clearer—it looks as though the Government are looking either to have quotas only in connection with international agreements, as the noble Baroness said, or are moving away from quotas completely. If it is the Government’s intention to move away from quotas, particularly as regards other than the international fisheries agreements that the UK has subscribed to, it begs the question of what the means of dividing up the allocation of fisheries schemes will be if not quotas. There seems to be a degree of confusion among the experts between Clause 23(1) and (2). It begs the question of whether it applies to all fisheries agreements or only international obligations, and whether the Government are moving away from quotas. I do not think the Government have said anywhere that they are planning to move away from quotas, so I hope that the Minister will put my mind at rest.
Amendment 100, tabled by my noble friend Lord Lansley, is designed to set out the need to consult not only fishing policy authorities—as at present—but representatives of British fishing boats. I see my noble friend has appeared; apparently I am on the right track. I hope the Minister will look favourably on my noble friend’s amendment. I am delighted to see him in his place, and I am sure that he would have spoken to it much more eloquently. I would certainly like to lend my support to this; it is extremely important. The Minister has said on other occasions that he is indeed looking to consult as widely as possible, so I am sure that it will be amenable to him, and I hope that he will support Amendment 100.
I have appended my name to Amendments 101 and 102, tabled by the noble Duke, the Duke of Montrose. Amendment 101 seeks to impose a duty on the Secretary of State to consult relevant stakeholders who are making or withdrawing a determination under Clause 23, and would fit neatly in Clause 24. The reason for this is that the consultation provides for scrutiny by—I would say—all interested parties. A requirement on the Secretary of State to consult, as set out in this amendment, would help ensure openness and transparency over the Secretary of State’s actions. Indeed, similar requirements are found in Clauses 27 and 34, in connection with consultation. This is not anathema to the Government in any shape or form.
Similarly, Amendment 102 seeks to impose a duty on the Secretary of State to include, within a notice of reasons for making or withdrawing a determination under Clause 23, a requirement to publish such reasons for making or withdrawing a determination in connection with fishing opportunities, providing for additional scrutiny of the Secretary of State’s actions by stakeholders.
I am grateful for the opportunity to have spoken to those amendments.
Lord Gardiner of Kimble
I had better look at the Bill again, and check exactly what I said so that I do not, in any way, say anything to the contrary. Certainly, the mechanism for new quotas and how we best benefit coastal communities is an area we are looking at with considerable interest. Clause 23(2) allows:
“A determination under subsection (1) may be made only for the purpose of complying with an international obligation.”
The determination can relate only to the high-level function of setting the UK’s overall pot in line with any international negotiated outcome, or the UK’s overarching obligations under international law. This might be even more of a clincher. On my noble friend’s point, I will look at Hansard, because I did not intend to make that inference and I do not think I did. For the record, Clause 23 is for the determination of only the UK pot of quota. It does not provide for allocating to industry at fisheries administration level.
To conclude, I absolutely take the point of the noble Baroness, Lady Worthington: the best available scientific evidence is absolutely clear. We all want the same thing. With that explanation, I hope the noble Baroness will feel able to withdraw her amendment.
Baroness Jones of Whitchurch
My Lords, the Minister has given a lot of detail, so I feel that I too will have to go back and read through Hansard. I am trying to clarify our very simple first amendment, the one that would put “must” rather than “may” in Clause 23(1). At the moment, it reads:
“The Secretary of State may determine, for a calendar year—
The maximum quantity of sea fish that may be caught by British fishing boats;
The maximum number of days that British fishing boasts may spend at seas.”
Our amendment said:
“The Secretary of State must”.
If it is okay in some calendar years for the Secretary of State to determine that, I am not quite clear why it is not okay every year, which is what our amendment would have achieved. In which years is it all right to do it, and in which years is it not? This is where I am lost, because if the principle is accepted—which it clearly is because it is spelled out there—why not do it every year?
Lord Gardiner of Kimble
Again, the problem with the amendment stating “must” is that it concerns the determination of all fishing opportunities. If it says “must”, the amendment becomes a requirement that would involve stocks determined on different timescales. There are also some non-quota species where there is no specific determination. The word “may” allows the determination of the annual fishing opportunities. The problem with the amendment making it “must” is that it brings in these non-quota species. The issue I have sought to put across is that making the determination compulsory embraces all stocks—because it “must”. Obviously, there will be annual fishing opportunities for all those that involve quotas and so forth, and we will be having annual negotiations and arrangements. It is not that the Secretary of State will suddenly say, “I don’t think we’ll do this, this year”; it is that making it “must” brings in these stocks determined on a different timescale and non-quota species. That is the problem as I understand it: the amendment has that legal interpretation.
The original provisions ensure that the Secretary of State fulfils the function of determining UK fishing opportunities through Clause 23(1). Making it a “must” brings into scope stocks that would not be subject to the determination of annual fishing opportunities. That is as I understand it. If it is any different, perhaps I can discuss with the noble Baroness, but that is, in our view, the problem with the interpretation of that amendment.
Lord Gardiner of Kimble
Again, the provision talks about “for a calendar year”, so these are annual fishing opportunities. “Annual” means every year; it does not mean that by saying “may”, the Secretary of State can decide not to bother one year. That is not the case—rather, it is about the fixing of annual fishing opportunities.
As I say, I have been informed that the original provisions are sufficient to ensure that the Secretary of State fulfils the functions of determining UK fishing opportunities, but if I have anything further that will assist noble Lords, I will of course communicate it. I think that the interpretation of this power to determine serves the correct purpose, but if there is a pressing need to have discussions with noble Lords on the matter outside the Committee, I am happy to do so. However, as I say, I have been advised that there is no problem with it.
Baroness Jones of Whitchurch
I feel that the more we dig, the more complicated and confusing this gets. I understand that the noble Lord has to read out the brief he has been given, but I share the concern of the noble Lord, Lord Teverson, that if it is not here, where is the wording to say that there will be an annual determination of the fishing stock? It may be that it is somewhere else in the Bill and I have missed it, but if it is not, it should be here. The noble Lord, Lord Teverson, has made a helpful suggestion about how the Government could address that point. I am still not clear on what the Minister said about what would apply and what would not, but the overarching point to make is that it needs to say in the Bill that there is a total number of fish stocks; that needs to be spelled out somewhere.
I think that I am reassured by what the Minister has said about consultation, but again it is one of those things which is covered in a number of different places in the Bill. We need to make sure that everything lines up so that the reassurance he has given means that this is covered elsewhere Bill, as well as by the comments he has made today.
I note what he said about the Delegated Powers Committee report, which has reminded me that I should take another look at it, but on the basis of what he said, I am sure that the committee has not raised any issues, so I will not pursue that.
I turn finally to the point about the scientific advice which was raised by the noble Baroness, Lady Worthington. I think that we have a running theme of agreeing to disagree on this. Once again, we hear what the Minister has to say but we do not feel that the wording is good enough, so we may bring this back in some form on Report. There is a general view around the Committee that we need to pin down the significance of the scientific advice and make sure that it is heeded on all occasions. That is what the noble Baroness is trying to do.
That is enough for now and I beg leave to withdraw the amendment.
Lord Lansley
Happily, I think we are in agreement about this. There are two tiers of allocation: the determination of fishing opportunities between the national fisheries authorities and the process by which each national fisheries authority is to do its own task.
That brings me back to the point I was not able to make in a previous group for Amendment 100. However, listening to the bulk of that debate none the less persuaded me that I may, in any case, have directed my amendment at the wrong place and that Clause 25 is where it really matters. This is the point at which if we move away from historic catch levels, for example, things such as the extent to which we do—we may or may not do so, I do not know—immediately become of relevance to the British fishing boats as they are affected by it. For them, that must be the point at which they are consulted. As far as I can tell, Clause 25 and Article 17 which it amends do not say anything about any process of consultation for those affected by the allocation of fishing opportunities. It would be a good idea if they did. None the less, the purport of Amendment 100 is still an argument in relation to Clause 25. I am making the point now, but we may to return to it at a later stage.
Baroness Jones of Whitchurch
My Lords, I am grateful to the noble Lord, Lord Teverson, for tabling his amendments, which address the issue of enabling new entrants to come into the sector, giving priority to the under-10 fleet. That is an issue which we will cover in our own amendments in the next group.
The amendments tabled by the noble Baronesses, Lady Jones and Lady Worthington, explore the criteria used to allocate new fishing opportunities. They stress the importance of using transparent criteria and the economic and social contributions that the new allocations will make to local communities. The noble Baroness, Lady Worthington, goes one step further and identifies the need for incentives to fishers to use selective fishing gear and techniques which will reduce environmental and habitat damage. I am very grateful to her for her considerable efforts in rewriting Clause 25, which clearly is flawed and inadequate in its current form. We all feel that she has done a sterling job in having a go at that, although as this process goes on we are all discovering that it is not as easy as it first appears.
I am also grateful to the noble Lord, Lord Cameron, for his efforts to add his list of improvements that could be made in that clause. In that melting pot, we have enormous agreement for all the arguments being put. These are important principles; we spoke about many of them at Second Reading. We must just find the right place for them in the Bill. We are still struggling with what the Bill’s final architecture should look like.
All noble Lords who have spoken are keen for this Bill to create a fairer distribution of quotas. That is what is needed if we are truly to regenerate our coastal communities. It follows from the debate that we had earlier in this Bill about the principle that our fishing stocks are the property of the nation rather than a select few individuals. The point has been echoed today. The noble Lord, Lord Teverson, said that we should recognise that the current system of quota allocation is broken; I agree. Half the English quota is held by companies based overseas, the small-scale fleet holds only 6% of the quota, and the five largest quota-holders control more than a third of the UK fishing quota. We can all see what is wrong with that. These disparities did not happen overnight. They have historic roots which may not easily be dismantled, but this should not stop us from aspiring to deliver a more fundamental change; we could use the Bill as a vehicle for it.
A number of noble Lords are, like me, still unclear about the extent to which the new licensing regime will enable action to be taken on the ownership of the existing UK quotas. In his letter of 25 February, the Minister makes it clear that the Government do not intend to alter the allocation methodology for existing quota, but as the noble Lord, Lord Teverson, said, what does this mean in practice? For example, will we ever be in a position to challenge the overseas ownership of some of our quotas, even if they are not seen to operate in the national interest? Can we reset the dial on who owns what? Is this something that could be covered in the trade negotiations? It would be helpful if the Minister could clarify some of this.
The noble Lord, Lord Lansley, was anxious to be clear on the sequencing and the processes for landing many of these issues. We are all trying to find the sequencing and the processes. I know that we are just talking of principles at this level so I will not go into enormous detail, but he felt that it was set out in Clause 23 but now we are discovering that it is not Clause 23. We are chasing the holy grail and will carry on doing so. Clearly the new quota allocations provide an opportunity for change. We can and should use this Bill to lay down a more equitable system for distributing them in the future.
We remain concerned about how quota auctions could work in the future. In his letter, the Minister says that it is not intended for an auction scheme to be used to sell fishing opportunities exclusively based on price. I hope that they would not be based on price; this would perpetuate the discredited schemes that we have already, and there would be no real benefits from leaving the common fisheries policy.
We have amendments in a later group about the need to boost the small-scale fleet. Our aim would be to redistribute the new quotas proportionately in favour of the under-10-metre fleet, the backbone of our coastal communities and ports. We will set out the arguments when we come to that group. In the meantime, we support the general principle of broadening quota ownership and rewarding those vessel owners who demonstrate good practice and a commitment to our sustainability objectives. We therefore support these amendments.
“( ) reserving a proportion of fishing opportunities for boats whose length is 10 metres or less;”Member’s explanatory statement
This amendment would allow regulations made under Clause 27(1) to reserve a proportion of annual fishing opportunities for small boats.
Baroness Jones of Whitchurch
My Lords, Amendment 107 in my name follows on from our previous debate about the management of, and criteria used for, allocating future fishing rights, which could be the subject of competitive tender or auction. Without repeating the whole debate, the Minister said in winding up on the previous amendment that consideration is being given to the new quota allocation. She also told the noble Lord, Lord Teverson, that there was support for a new entrants’ scheme. If that is the case, my challenge back to the Government is: why can we not include the principles of that in the Bill? If the Bill is for anything, it should be for those sorts of future planning activities. I hope we can find a form of wording that incorporates that in the Bill.
We have addressed our concerns about how any future auctions will be run, and what the consequences would be if they were driven solely by the highest bidder. Our amendment would require regulations made to deliver the auctions to reserve a proportion of the fishing opportunities for the under-10-metre boats. The previous debate sought new opportunities for new entrants to the sector. This amendment more specifically focuses on the smaller-sized fleet.
We have already explained the importance of the smaller boats to the economic and environmental sustainability of the sector. They generally use lower-impact gear and provide more jobs per tonne, but their current share of the quota is limited to around 6% of the total. Yet in the UK, the under-10-metre boats represent more than 70% of English fishing boats and 65% of direct employment, so we should be using this opportunity to boost their numbers and their share of the sector.
This is a central argument in our bid to revive the declining and impoverished coastal communities, and for that to work we need a spread of smaller boats accessing the smaller harbours and ports. This intervention is particularly necessary as the small-boat sector is shrinking every year. Between 2007 and 2017, the number of fishers on UK-registered vessels decreased by 10%. In his letter to noble Lords of 10 February, the Minister explained that the Government were indeed keen to support the under-10-metre vessels. He explained that in England they were already taking steps to ensure that they received a higher share of the reserve quota and that further consideration was taking place on the distribution for this year. That is all fine as far as it goes, but it does not represent the step change necessary to really revive the under-10-metre sector.
Nevertheless, given the Minister’s previous comments, I hope he will support this very modest amendment. After all, all it does is to require the auction regulations to address the issue of reserving a proportion of the auctioned fishing opportunities for the under-10-metre fleet, so I hope he can support it.
Amendments 108 and 109 address our wider concerns about the competitive tendering and auction processes. They rightly raise whether we should take into account the bidder’s impact on the marine environment when allocating new quotas. As we have debated before, these amendments have considerable merit and are in line with our earlier arguments and I hope the Minister will support them.
Amendment 110 in the name of the noble Baroness, Lady Worthington, proposes a new Clause 27. Again, she has taken on the Government’s drafting to a considerable extent. I am grateful for her efforts. She specifies in detail what she feels that the ownership and distribution rights of English fisheries should be. These include quite detailed proposals, but they also keep the competitive tendering and auction principles with which we have some concerns. I look forward to hearing the noble Baroness’s explanations for these proposals. It may well be that we will be persuaded at that point. In the meantime, I beg to move Amendment 107.
Lord Teverson
I thank the noble Baroness, Lady Jones of Whitchurch, for putting steel in my backbone again and demanding that this is in the Bill—whereas earlier I sort of retreated a bit.
I am interested in hearing from the Minister how these auction rights will be used. Will they be for all quota or the new quota? I would like to use this opportunity to understand the Government’s specific intention for using these rights in the Bill. How will they do it and when? Will it apply to new quota or all quota? I am unclear, because it all starts with the Secretary of State in May. I would be very interested in understanding what the Government intend to do in the near term.
Baroness Jones of Whitchurch
My Lords, that is extremely helpful. If the Minister’s think piece is going to cover the circumstances in which existing fishing allocations could be or would be revisited—the whole issue of whether they were there in perpetuity or whether there were any circumstances in which the existing regime could be unpicked for whatever reason—I would certainly like to be part of that. I am still confused about how that would work and whether there is any flexibility. As I said, there must be circumstances—for example, if someone were repeatedly breaking the rules or operating outside the national interest—in which the authorities could intervene. I would love to explore what those are because the system feels rather rigid at this time.
I was grateful to the Minister for his warm words about under-10-metre boats. He said the matter was still being considered, and we keep being told that the discussion of whether there is merit in reserving some of the allocation for the under-10s will happen in another place. I am getting a little frustrated about this. I cannot see why, if the mood is going in that direction, it cannot be in the Bill. That is certainly something I want to reflect on and come back to, because I do not think that what we are asking for is unreasonable. If the Government are considering it anyway, I do not see why it cannot be in the Bill. For the moment, however, I beg leave to withdraw the amendment.
Agriculture: Genome-edited Crops
Baroness Jones of Whitchurch Excerpts(4 years, 8 months ago)
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Lord Gardiner of Kimble
My Lords, we did not agree with the 2018 European Court of Justice ruling that all GE crops must be regulated as GMOs. There is an advantage in terms of seeking to improve the environment and productivity, and helping the agricultural sector, by exploring further how to better regulate genome-edited organisms. There is a lot of opportunity here. As I emphasised in my Answer, safety and the environment are of primary concern, but there is great scope here.
Baroness Jones of Whitchurch (Lab)
My Lords, I do not have any farming interests, but I declare my interest in Rothamsted agricultural research, which is in the register.
There is no doubt that genome editing can make an important contribution to reducing pest-resistant and drought-resistant crops, but does the Minister agree that consumers will be properly reassured by the science only if it is published openly and shared for the common good so that everybody can see the background to that science?
Lord Gardiner of Kimble
I absolutely agree with what the noble Baroness has said. That is precisely what we need to do when considering any changes. The most important thing is consumer confidence. We are absolutely clear that there is merit in certain genome-editing activity. The noble Baroness mentioned the Rothamsted Research institute. There is also the Earlham Institute, the James Hutton Institute, the Sainsbury Laboratory and the John Innes Centre. All of our great laboratories are very positive about this research, and we do think that we should reconsider the current regulations.
Fisheries Bill [HL]
Baroness Jones of Whitchurch ExcerptsWednesday 4th March 2020
(4 years, 8 months ago)
Lords ChamberRead Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-II(a) Amendments for Committee, supplementary to the second marshalled list - (3 Mar 2020)
“( ) In addition to the fisheries objectives, section (Duty to sustain the UK fishing industry workforce) outlines responsibilities towards the UK fishing industry workforce.”Member’s explanatory statement
This amendment makes clear that the Secretary of State has additional duties to the UK fishing industry workforce which extend beyond the general environmental and sustainability principles provided for in Clause 1.
Baroness Jones of Whitchurch (Lab)
My Lords, Amendments 24 and 29, in my name, make it clear that the Secretary of State should have a wider regard to the national interest through exercising responsibilities to the UK fishing industry workforce, particularly its safety and training. They would require the Secretary of State to consult and produce a report within six months of the Bill being passed. The consultation should be a collaborative exercise involving cross-government engagement, the industry and a range of stakeholder groups.
The amendments are tabled with the support of the National Federation of Fishermen’s Organisations, and they are underpinned by continued concerns about the number of accidents and deaths at sea. Fishing is a dangerous industry and, unlike most other jobs, going to sea is incredibly physically demanding and requires extended periods away from home. It remains one of the most dangerous occupations in the world and every year there are deaths in UK waters, many of which are avoidable. The Sea Fish Industry Authority has identified 535 serious injuries to fishermen in the last 10 years, so we can and must do better.
It would be a start if there were a co-ordinated approach to training new entrants to help future generations to begin their careers in a safe and sustainable manner. The introduction of remote electronic monitoring equipment on boats, which is covered by other amendments, would also help maintain safety standards. It is also vital that we set the same high safety standards on foreign vessels as we expect of our domestic fleet, and the licensing arrangements should help facilitate that.
So, although our domestic safety standards are high, the amendments would require the Government to show how they intend to build upon them once we are outside the common frameworks and responsible for our own safety policy development. The amendments would also require the Government to highlight how they intend to assist the industry in identifying, training and retaining new talent to ensure a vibrant industry in the years to come.
Finally, we need an immigration system that allows UK vessels to continue to recruit skilled non-UK nationals to help plug the short-term skills gaps. All these measures need to come together in an overarching plan to build and sustain the fisheries’ future, grow the industry and revive coastal communities. This is vital if we are to realise the objectives in Clause 1. I beg to move.
Baroness Ritchie of Downpatrick (Non-Afl)
My Lords, I support both amendments in the name of the noble Baroness, Lady Jones of Whitchurch; I have added my name to Amendment 29. As the noble Baroness said, the purpose of both her amendments is to introduce requirements on the Secretary of State to build and sustain the UK fishing industry. They would also require the publication of a strategy for enhancing the safety of fishers and providing the necessary legal and training infrastructure. The amendments are supported by fish producer organisations throughout the UK.
For many coastal communities, the fishing industry, both onshore and offshore, is critical to their growth, development, job creation potential and local economy. In that respect, I remind noble Lords of the County Down fishing ports, about which I have already spoken to the Minister, where the fishing villages survive and thrive due to the prevalence of the fishing fleet and the fish-processing industries.
Allied with that, though, is a high level of risk and danger. Deaths of fishermen have occurred in the Irish Sea over the last 20 years. I think of one particular family from Kilkeel where a grandfather, a son and his son all perished on one night about 20 years ago. The fishing industry believes that there is a once-in-a-generation opportunity not only to revive those coastal communities and grow the region’s industry role as leaders in sustainable fisheries management but to ensure that this worthy profession is provided with adequate and up-to-date training; that incentives are provided to those who wish to engage in fishing as a profession; and that they are provided with the necessary qualifications in a safe environment to do so.
Take the example of the County Down fishing ports, where about 1,700 people are employed in fishing. I suppose on a proportionate basis, taken throughout the UK, that is not considered a lot. However, in those communities, it is, because fishing is vital to their revitalisation.
The Bill is about setting the future legal framework for fisheries management, but it is also right that Government, Parliament and industry consider how to grow and sustain the workforce needed if new opportunities are to be realised.
The three central themes of these amendments are to protect and enhance the safety of workers across the industry; to develop that modern legal and training infrastructure that helps to grow our domestic workforce; and to shape an immigration system that allows UK vessels to continue to recruit skilled non-UK nationals. I am mindful of the Minister’s written response on this issue to all of us who participated at Second Reading some three weeks ago, in which he said:
“We will prioritise the skills a person has to offer, not their nationality.”
I note that, through the prospective immigration Bill, Defra is working closely with the Home Office to ensure that there is a long-term strategy for the food, farming and fisheries workforce as part of the immigration policy. I hope that the Government will be able to accommodate skilled non-EEA fishers to contribute to the revitalisation of those coastal communities, as well as protecting and enhancing the legal and training infrastructure of all domestic workforces.
I believe that if our fishing industry is to recover and become the catalyst for economic regeneration in our coastal communities again, there is a duty on all of us, and on the Government, to work in a collaborative way with the industry and other relevant organisations to achieve that objective, which should be placed in legislation. That is why I support both amendments.
Lord Gardiner of Kimble
I wrote to your Lordships, and I can read what I said in that letter about the size of the fleet, if that would help:
“Lord Krebs raised a question about advances in technology leading to a smaller fishing fleet. As technology advances, the UK fleet may be able to catch more fish in a more efficient and targeted way, which is one of the reasons why the Bill includes a sustainability objective. The sustainability objective in the Bill includes a fleet capacity objective, seeking to ensure that fleets are balanced with fishing opportunities available and that they are economically viable but do not overexploit stocks. Given this objective, we will assess the impact of any additional quota that is negotiated once fishers start to fish against it, as it relates to the size of the fleet.
As to more precise details, I am afraid that I will have to write to the noble Lord.
Baroness Jones of Whitchurch
My Lords, we have had a very interesting discussion arising from these amendments. I am very grateful to the noble Baroness, Lady Ritchie, and the noble Lord, Lord Cormack, for giving us some very moving examples of the tragedies that can occur at sea. I was very taken by the noble Lord’s description, and the message that came through to me was how reliant those vessels are on each other, so that a mistake by one person who does not know what they are doing affects not just that person’s life or livelihood; it can actually bring the whole vessel down.
That underlines the absolute need for everybody on the boats to know what they are doing and to have the appropriate level of skills to make sure that nobody is put in unnecessary danger. The licensing regime that underpins the arrangements in the Bill provides a new opportunity for us to set standards and say, “We won’t license the boat unless the people on your vessel can all prove a certain level of knowledge and skills.” It happens in other industries, and I do not see why we should not have something similar in the fishing sector, so we could be more proactive on this.
Baroness McIntosh of Pickering (Con)
My Lords, I am grateful for the opportunity to debate some issues that have not yet been covered in the debate on Clause 1. In particular, I refer to the political declaration, which says that
“Parties should cooperate on the development of measures for the conservation, rational management and regulation of fisheries, in a non-discriminatory manner.”
I am particularly taken by Clause 1(2) and the reference to contributing to the “availability of food supplies”. I recognise that the fishing fleet plays a significant role in bringing food to the table. We have just had a debate on how dangerous those activities can be, but it is important to recognise the substantial contribution it makes to the food supply in this country. Clause 1(8) states:
“The ‘national benefit objective’ is that fishing activities of UK fishing boats bring social or economic benefits to the United Kingdom or any part of the United Kingdom.”
I make a brief plea to my noble friend. In recognising that economic link, will the Government consider the fact that active fishermen should benefit from this and that as far as possible it should not be non-fisheries activity that do? I am mindful of the fact that some of the quota is owned by non-fisheries entities—indeed, by football clubs and others. Will my noble friend and the Government take this opportunity to make sure that active fishermen will continue to benefit from the national benefit objective and from the foreseen economic benefits for the United Kingdom?
My remaining remarks relate to the precautionary principle in Clause 1(10)(b). Can my noble friend explain how the landing of fish will be recorded in every circumstance? I know that later parts of the Bill look at bycatch and discards, but how will the precautionary principle be applied and what will be the relationship between the principle and the maximum sustainable yield? Will it be enough to look at the usual understanding, which is that that will keep sufficient stock within safe biological limits? I ask this because we have been told that the Government’s stated objective is to replace the equivalent objectives in Article 2 of the basic regulations of the common fisheries policy but, while some of the wording relies on Article 2, it does not entirely replicate it. For example, the precautionary objective in Clause 1 admits the requirement in the EU regulation to achieve the maximum sustainable yield exploitation rate by 2020 at the latest for all stocks. Are the Government still adhering to that objective?
There are other requirements relating to maximum sustainable yield elsewhere, particularly in Clause 6, which I shall want to debate further. Also, the ecosystem objective set out in the EU regulation requires fisheries to be managed so as to ensure that the negative impacts of fishing activities on the marine ecosystem are minimised. The ecosystem objective in Clause 1 goes further, setting an objection to ensure that negative impacts are minimised and, where possible, reversed. Will my noble friend take the opportunity to explain why that is? I know that he has said on many occasions that we will go further than the EU, but why have we taken the opportunity to do that here?
My noble friend will understand that I do not wish to remove Clause 1, but I want to understand it better. It is important that we revert to the precautionary approach to fisheries management wherever possible, but my underlying concern is to ensure that active fishermen will be the principal definition.
Baroness Jones of Whitchurch
My Lords, I do not have a great deal to add to the words of the noble Baroness, who has obviously used this debate to ask for clarification from the Minister on a number of questions. I do not disagree with that, but I do not necessarily support the aim of questioning that Clause 1 should stand part, so I shall leave it to the Minister to answer his noble friend’s questions.
Lord Gardiner of Kimble
My Lords, I am grateful to my noble friend for enabling me to wrap up why the Government feel that Clause 1 is so important to shaping our fisheries management regime for the future. The objectives, which have been under considerable discussion, support our commitment to leave the natural environment in a better state. As noble Lords are well aware, Clause 1 sets out eight fisheries objectives that will shape and guide the fisheries policies of the four fisheries administrations. They build on and develop the objectives set out in the common fisheries policy.
The aim of the first objective—the sustainability objective—is to ensure that fishing and aquaculture activities are environmentally sustainable while delivering economic and social benefits. My noble friend Lady McIntosh, particularly in raising the aim of the second objective—the precautionary objective—stresses that the absence of adequate scientific information should not justify postponing or failing to take management measures that will conserve fish stock and its environment. This objective includes our commitment to achieve maximum sustainable yield for all stocks as quickly as practically possible.
I stress that the UK has always been a strong advocate for fishing within safe ecological limits such as MSY, both in international agreements and in negotiations over catch limits for stocks we have an interest in. I say specifically that this will not change. The new provision in the Bill to produce fisheries management plans, which we will discuss at a later point, further supports this ambition.
The clause also makes clear that effective fisheries management needs to take into account the wider implications for the marine environment. The aim of the third objective—the ecosystem objective—is therefore to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. This will help ensure that we have a healthy marine environment on which our fisheries resources and others rely. This includes addressing the issue of incidental catches of sensitive species. The clause recognises the need to reverse negative impacts to meet our ambition to restore our marine environment. The availability and use of good data are vital for effective management of our precious marine resources. The fourth objective, therefore—the scientific evidence objective— confirms our commitment to contribute to the collection and sharing of data between the fisheries administrations; and that fisheries and aquaculture activities are based on the best available science.
The fifth objective is the bycatch objective. Its aim is that bycatch is avoided or reduced, that catches are recorded and accounted for, and that bycatch—that is, fish—is landed where appropriate. Tackling bycatch tackles the root cause of discarding, and the UK Government remain fully committed to ending the wasteful discarding of fish, acknowledging the impact this can have on fisheries management and the marine environment.
The equal access objective confirms the position of the four fisheries administrations, which noble Lords have discussed—that UK fishing fleets should continue to have access to fish across UK waters regardless of their UK home port. Another point that my noble friend Lady McIntosh raised was on the national benefit objective. As I have set out, this recognises the importance of fishing by UK boats to our coastal communities and the UK more generally. The objective will therefore ensure that the fisheries administrations set out policies that help realise economic and social benefits from UK boats, including those under foreign ownership. In terms of UK-registered vessels, and regardless of who owns the quota, the economic link is precisely designed to ensure that coastal communities are advantaged.
The aim of the climate change objective—a new objective that came into this list—is that the impact of the fishing and aquaculture sectors on climate change is minimised and that their management adapts in response to climate change. These objectives, and the steps we will set out in the fisheries statements on how we will achieve them, are integral to protecting our precious marine environment and maintaining profitable fishing and aquaculture industries today and, of course, for the years to come. This is absolutely why it is so important to the environment that the next generation is prepared to go to sea to ensure a sustainable harvest, which is after all what we all seek.
I will look at Hansard to check if there were any further points that my noble friend has raised, but I have no further information so will make sure that I cover them with another letter as soon as I can. I hope that noble Lords have already received the letter arising from Monday. In the meantime, I hope that I have given her—she probably approves of much of Clause 1—the opportunity to understand that these are hugely important objectives. They set the framework from which we all must now take these matters forward. I hope that she will feel able to agree to Clause 1.
Member’s explanatory statement
This amendment removes the word “proportionately” in relation to the application of the fisheries objectives when formulating the policies and proposals in the joint fisheries statement.
Baroness Jones of Whitchurch
My Lords, I shall speak to Amendment 30 in my name and Amendment 42 in the name of my noble friend Lord Grantchester.
Amendment 30 questions what it means for a joint fisheries statement to interpret and apply the fisheries objectives “proportionately”. This is an issue that we were beginning to flag up in the previous debate. We have removed the word “proportionately” to probe this drafting further. As we know, we have spent considerable time delving into the wording of the fisheries objectives, and we have been very keen to get the wording right so that it can be consistently applied. I do not intend to reopen that discussion again at the moment, but what does it mean to have to apply those objectives only “proportionately”? There seems to be little guidance or restriction on the extent to which fisheries policy authorities should comply with the objectives. There is therefore no reassurance that the policy statements will deliver effective policies to achieve these objectives.
We could end up with different policy authorities putting different weight on their responsibility to deliver, with different timescales and different monitoring procedures. If they apply the objectives “proportionately”, it could mean that other objectives not specified in the Bill could be weighed against those set out here. If we do not get this right at the top level, it will filter down to the fisheries management plans and undermine all the good work in setting meaningful objectives in the first place. All this feels a little unsatisfactory. As the noble Lord, Lord Krebs, said in the previous debate, we remain concerned about the wriggle room in these objectives, and this is another manifestation of that.
Baroness Jones of Whitchurch
I thank all noble Lords who have spoken on this issue, and the Minister for his response. We are flogging the same issue of proportionality over and again with different wording. I was not totally convinced by the Minister’s response. He talked about the need for a balanced approach between all the different objectives. We have already rehearsed the fact that that could lead to an unbalanced approach if we are not very careful, or the wrong objectives coming to the top in the hierarchy, so I am slightly anxious about that. I took it from the Minister’s reply that it would not be appropriate for other objectives that were not already listed to be put in that balance. If that is what he was saying, it is certainly reassuring.
The noble Lord, Lord Teverson, made a very compelling case on the international issues and I am not sure that the Minister managed to unravel it, particularly on the first amendment. There will be a need for us to carry on co-operating with our international neighbours, so I do not see what would be wrong in putting that in the joint fisheries statement alongside all the other tasks that have to be carried out. It is not a minor issue: it will be a major part of the authorities’ functions. I hope the noble Lord, Lord Teverson, will reflect on that because I think it is worth further discussion. It may be in a slightly different form of words, but that balance—
Lord Teverson
I assure the noble Baroness that, in the next group, I will very much take hold of that issue.
Baroness Jones of Whitchurch
We are rehearsing and repeating some of these debates, but that was very reassuring to hear, and I am glad the noble Lord has taken that on board.
The Minister’s point that we will report after the event, rather than be forward-looking, was well made and we need to reflect on it. I was a bit disappointed by his answer on recreational fishing. It is not just about funding or having access to financial assistance but more about the importance of recreational fishing. As I said to the Minister—and he reflected it back to me—it is a major part of the fishing sector, not a minor part. It employs more people and involves more money and jobs, so to say that the joint fisheries statement should not explicitly take account of that does not feel right to me. Again, we may not have put the amendment in the right place, but I think we can firm it up in some way. I will reflect on his comments in Hansard. It may be another one of those issues that will crop up somewhere else during the course of the Bill. For the time being, I beg leave to withdraw the amendment.
Lord Teverson
My Lords, I was going to speak further to Amendment 34, but the noble Baroness and the noble Lord have said it far better, so I shall resume my place.
Baroness Jones of Whitchurch
My Lords, I am speaking to Amendment 48 in my name, but I also echo the arguments made by other noble Lords. Our amendment seeks to achieve a very similar objective to many others in the group: to maintain stocks of sea fish at or above sustainable levels. We are all, in our different ways, seeking to clarify and firm up the wording which would achieve that. As with some of the other debates, we believe that this is a core principle that should lie at the heart of the Bill.
The objectives set out at the front of the Bill emphasise the importance of sustainability, but this means nothing unless we use the Bill to tackle the scourge of overfishing and bring fish stocks back up to sustainable levels. Of course, as we have discussed before, we recognise that this is not just a UK problem but a global problem. Globally, 29% of stocks are overfished, many of them illegally, or they are unregulated. The Blue Marine Foundation has said that, if these trends continue, the world’s seafoods will collapse by 2048.
This is an opportunity for us to play a leading role globally in addressing this crisis. However, we will only have respect and influence if we are seen to be putting our own house in order. Coming out of the common fisheries policy is an ideal time for us to show leadership on this. Taking more control of UK waters provides a rare opportunity to revisit the scientific data, make a baseline stock assessment, create space for stocks to replenish and reset the dial on how much fishing should be allowed to achieve long-term sustainability. That is why we want to see a requirement not to fish above sustainability levels as a guiding principle running through this Bill.
This should apply equally to UK fishers and foreign vessels given a licence to fish in our waters. Amendment 48 would require fisheries management plans not just to contribute to the restoration of stock levels up to sustainable levels but to go further, by restoring the stock and creating a long-term reserve, so that we can begin to repair the damage that has already been done.
Of course, we recognise that much of the fishing allocation around our shores will continue to be determined through negotiation with our European neighbours, but they have already signed up to the principle of maximum sustainable yield through the common fisheries policy, so they cannot really object if we take a more robust stand on this issue than the negotiations around the CFP have so far delivered.
As we have discussed, we will in due course have new opportunities to fish in UK waters, and this is an area where we could make the most progress. This will be under our direct control, so the benefits can be shared between the recovering fish stocks and the UK fishers who understand that it is in their interest to let those stocks regenerate.
I hope that the Minister will recognise the sense of these arguments and seek ways to incorporate the principles into the Bill.
Lord Gardiner of Kimble
My Lords, I am most grateful to all noble Lords who have contributed to this very interesting debate relating to the Bill’s new provisions for the UK Government and, where appropriate, the devolved Administrations, to publish fisheries management plans. These plans will set out the action that we will take to get stocks to sustainable levels. Where we cannot make such an assessment, we will gather scientific data so that such an assessment is possible.
The noble Baroness, Lady Jones of Moulsecoomb, knows how fond I am of her. The sustainability objective is the first objective of this Bill. I am starting to take exception to the questioning of the bona fides of the Government, who have worked with the devolved Administrations to bring this forward. This Bill is absolutely predicated on sustainable fishing for the future, and we will not be doing our fishing community any good if we overfish and do not have good custodianship of our waters. That is the whole basis of this work, and the legally binding nature of the statement and the fisheries plan. When I hear noble Lords talking as if this Government were being negligent about sustainability and the importance of sustainability to the whole basis of this work, I will go round in circles and re-explain why these objectives are part of a balance which we have agreed with the devolved Administrations.
I am most grateful to the noble Baroness, Lady Jones of Moulsecoomb, for tabling Amendment 33. I recognise her clear intention to ensure that fisheries management plans make a vital contribution to enhancing the protection of the marine environment. I firmly believe that the clauses as drafted in this Bill will support a holistic, ecosystem-based approach to fisheries management. I hope that the noble Baroness, Lady Bakewell, will not be embarrassed by me highlighting what she said: that this country is well ahead. It is recognised as one of the leaders. Obviously, we want to be doing even better than everyone else, but it is important to reflect on the bona fides of all Administrations to get this right and to have a vibrant fishing fleet.
The joint fisheries statement requires the Administrations to explain how fisheries management plans will contribute to the fisheries objectives, including the ecosystem objective. The four fisheries administrations are also bound by our wider body of marine legislation, including the provisions in the Marine Strategy Regulations, the Conservation of Habitats and Species Regulations and the Marine and Coastal Access Act. The fisheries management plans will make an appropriate contribution to delivering these broader obligations, and I am confident that these plans will deliver the environmental improvement that the noble Baroness, and all noble Lords, are rightly seeking.
In relation to Amendments 34 and 48, the clause already requires fisheries administrations to set out policies to manage stocks in such a way as to restore them and grow them over time. I agree that in some circumstances it may be necessary or desirable to fish some stocks below maximum sustainable yield for conservation purposes. This could be to ensure that all stocks in a mixed fishery can be managed sustainably, for instance. The clause already allows this. To refer specifically to the second part of the amendment tabled by the noble Baroness, we already have spatial measures to protect key areas of the sea to allow recovery, and fishing stocks at levels no greater than their maximum sustainable level will, by default, leave a proportion of the stock to allow regeneration. The UK Government are also committed to supporting our fishers. It is therefore important that fishing activities are managed to achieve economic, social and employment benefits, as well as contributing to the availability of food supplies.
The noble Baroness, Lady Young of Old Scone, tabled a series of important amendments on the topic of the health of stocks, measured by BLIM. This is the scientific term for the limit reference point for all the mature fish in a particular stock. Amendment 55 from the noble Baroness would add a definition of BLIM to the Bill. This amendment cannot be considered in isolation as it links with other amendments that aim to introduce provisions to manage stocks to levels above BLIM elsewhere in the Bill—so I will address it first.
The proposed definition of BLIM—I have to say that I am not an expert on this, so this is what I am advised—is not the same as that used by the International Council for the Exploration of the Seas, ICES, the body which provides scientific advice on many of the fish stocks in the North Atlantic. ICES defines BLIM as:
“A deterministic biomass limit below which a stock is considered to have reduced reproductive capacity.”
Introducing a different definition in law could inadvertently create issues with interpreting and applying ICES’s advice in future. I am very happy to have a discussion with the noble Baroness, if that would help, because I am afraid it is out of my area of expertise and it might be interesting.
Returning to Amendment 45, there are many factors that can affect the biomass of a fish stock, and fisheries management plans will have to take them into account. Commercial fishing is by no means the only pressure on fish-stock biomass, although I acknowledge that it often is the most significant. Of course, a priority of the fisheries administrations will be to recover fish stocks to healthy levels of biomass, and this will be a key purpose of fisheries management plans. Fisheries administrations will produce fisheries management plans irrespective of whether the stock is overfished, because stocks currently fished at sustainable levels must also be managed attentively to ensure that they maintain their biomass status.
This amendment would restrict authorities to creating fisheries management plans only for commercially exploited stocks and those below BLIM, which would not be the best outcome for all stocks found in UK waters. This amendment may also inadvertently mean that we would be unable to manage some stocks. For instance, there are data-poor stocks where it is not possible to set a BLIM level. This includes certain stocks of lemon sole, ray, dogfish and boarfish. The Bill’s objectives already seek to provide that the health of stocks is restored and maintained and, in particular, the stocks below BLIM would be covered by the precautionary objective. This means that the amendment is not required to achieve its desired purpose and would instead create an inappropriate restriction in the remit of authorities to create fisheries management plans.
Amendments 49 and 49A allow me to set out the important matter of how policies support the achievement of the objectives. The clause in question places a duty on fisheries authorities to set up policies to restore and maintain a stock to sustainable levels, or contribute to these aims, when there is sufficient scientific evidence to do so. These amendments would delete the section on contributing to these aims, which would mean that the policies would have to restore or maintain a stock immediately to sustainable levels, which may not be possible. Furthermore, Amendment 49A adds an unnecessary requirement to meet unspecified criteria on taking a precautionary approach, as plans will already have to be compatible with the precautionary approach.
I say also to my noble friend Lady McIntosh that fisheries management plans can include details of the type of stock, the type of fishing and the geographical area to which they relate. Each plan could therefore cover multiple stocks in a geographical area. Clause 2(5) makes it clear that fisheries management plans set out policies for “one or more stocks”. I assure the noble Baroness that the wording on “contributing” does not remove the duty for authorities to restore and protect stocks.
To give an example of a policy that would contribute to a stock’s sustainability, if a fisheries management plan covers a fishery that targets only part of a stock, the policies set out within that plan cannot achieve sustainability for the whole stock. The devolution settlement allows for the different fisheries administrations in the UK to produce their own plans that contribute to a stock’s management, and the clause reflects this. The proposed amendments would run contrary to the devolution settlement. The same applies for stocks shared with other countries, where our policies, no matter how effective, can go only so far as to contribute to the restoration or protection of stocks.
Lord Teverson
My Lords, I have a number of amendments in this group which I am sure the Minister will be able to bat away quickly and easily. I congratulate the noble Lord, Lord Lansley, on his amendment: it is a problem that I thought we would never have, but he suggests a way to resolve it and I am sure that he would make an excellent independent adviser if it should ever arise.
Clause 3(1) states:
“The fisheries policy authorities may at any time prepare and publish a replacement JFS.”
It comes back to trying to make the rules clearer. Can one of the authorities trigger this, or does there have to be a consensus? I look to the Minister for guidance on what precisely that mechanism is.
I always like simplification in life. While I understand what the Bill is trying to do in requiring two fisheries statements, it would be great to have a combined document so that everybody could understand how the policy looks as a whole. That would be terribly useful to the consumers of the legislation; that is, the industry and all the stakeholders.
I would be interested to hear from the Minister how the department came to six years as a review period. We have American presidential elections every four years, the World Cup is every four years, the Olympics are every four years, and fixed-term Parliaments are every five. Why six? It would be better if it was five. Six years seems a long time in terms of marine ecology and fisheries statements. It should be looked at just a little more regularly.
Baroness Jones of Whitchurch
My Lords, we have a relatively simple amendment, Amendment 74, in this group. The Bill requires the fisheries policy authorities to produce periodically a report on the extent to which their policies as set out in the joint fisheries statement have been implemented. Where there is an omission, the Secretary of State is required to intervene.
The amendment would require the Secretary of State, if required to produce a report on the policies omitted from the joint fisheries statement, to consult not only the devolved Administrations but a wider group of representative bodies on the content of the report. It is a straightforward amendment which seeks to fill a gap in the consultation provisions made elsewhere in the Bill. The provision in Schedule 1 does not spell this out in sufficient detail.
On an earlier amendment, the Minister read out a list of representative bodies which the department regularly consults, which of course is welcome, and described it as an “expert advisory group”. However, that is different from a statutory requirement to consult at various stages of policy production and review. I hope that the Minister will concede that our amendment would fill a gap in the consultation proposals. Like the noble Lord, Lord Teverson, I hope that she does not just bat it away.
I am grateful to the noble Lord, Lord Lansley, for his amendments. As he said, we need mechanisms to address what happens when things go wrong, and he made a good stab at doing that. He made the useful proposal that an independent review could be sought when conflicts over policies and their application arose. I hope that the Minister agrees that those proposals have some merit. The noble Lord’s other amendments touch on the extent to which representatives of the UK fishing fleet should be consulted. Again, that is important. We agree with the proposal but, as in our amendment, would want any consultation extended to a wider group of stakeholders.
The amendments in the name of the noble Lord, Lord Teverson, relate to the timescale for the review of joint fisheries statements. He proposed a more meaningful review period of five years rather than six. We agree that there is little logic in the six-year timescale. Given that it is assumed that international negotiations will continue to take place annually, it seems far more practical to review and update the joint fisheries statements in a more timely way in line with changes taking place scientifically and the negotiations with the international community. As he said, five years is consistent also with the parliamentary cycle, so there seems to be not much logic for six and a whole lot more logic for five. I hope that the Minister is able to take that on board.
The noble Duke, the Duke of Montrose, seeks via his amendments to build more flexibility into the production of joint fisheries statements. He may have a point, although I doubt that there would be many occasions where there would not be some need for a review every five or—if necessary—six years.
At the heart of these amendments is a need for proper statutory consultation, meaningful timeframes, the best advice and flexibility. I hope that the Minister will see the sense in the proposals and perhaps take some on board.
Baroness Bloomfield of Hinton Waldrist
My Lords, I congratulate your Lordships on getting through a daunting-looking group of amendments in record time. Your points have been made well and succinctly.
Any Secretary of State fisheries statement, or SSFS, would cover only reserved and UK quota matters and would be published only if such matters were not covered in the joint fisheries statement. It is our intention that the joint fisheries statement will be the vehicle which sets out the fisheries administrations’ future fisheries management policies, respecting the devolved nature of fisheries but recognising the benefits of a joined-up approach.
My noble friend Lord Lansley’s Amendment 36 relates to a process to resolve disagreements through an independent review. While I appreciate the sentiment behind making provision for disagreements over policy between fisheries policy authorities to be dealt with amicably, it is unclear exactly how he is interpreting the expression
“a statement under this Act”.
Sadly, I am advised that the amendment would create legal uncertainty.
In respecting the devolution settlements, the provision for a JFS allows for the fisheries policy authorities to set out individual policies alongside those agreed jointly. This means that an authority could publish its own policies if they would contravene its wider policies as part of the statement. Therefore, given that the statement requires administrations to set out their policies, it is hard to envisage how they could then claim that the statement was incompatible with those very policies. If the amendment related to the SSFS, the Bill is clear that this can contain only reserved or UK quota matters, so it would be inappropriate for other fisheries authorities to be able to block a decision by the UK Government in this case. The amendment also seems to allow for a review to be invoked at any time after a SSFS or JFS is finalised, potentially leading to uncertainty around the state of those documents after they are in force.
The review process could also cause problems for the fisheries policy authorities in complying with what the Bill sets out as their legal duty to produce a joint fisheries statement, because it would appear to undermine the statutory framework for co-operation that we are seeking to build, by consent, with the devolved Administrations. I appreciate the concerns that my noble friend seeks to address through the amendment, but perhaps I can provide further reassurance to him by saying that other, non-legislative elements of the framework will be set out in a memorandum of understanding which is being developed with the devolved Administrations. This will enshrine co-operative ways of working and a mechanism for escalating and resolving disputes, were they to arise. Existing governance structures and agreements such as the overarching MOU on devolution between UKG and the devolved authorities, which sets out the JMC process for managing intergovernmental disputes, will also continue to apply.
Fisheries Bill [HL]
Baroness Jones of Whitchurch ExcerptsWednesday 4th March 2020
(4 years, 8 months ago)
Lords ChamberRead Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-II(a) Amendments for Committee, supplementary to the second marshalled list - (3 Mar 2020)
Member’s explanatory statement
This amendment changes the list of changes in circumstances which are capable of being “relevant” from indicative to exhaustive.
Baroness Jones of Whitchurch (Lab)
My Lords, the amendments in this group are tabled in my name and that of my noble friend Lord Grantchester. They are, in the main, probing amendments. They follow on from the earlier group of amendments and concern the scope of powers to amend or depart from proposals in the joint fisheries statement.
As it stands, the Bill allows the fisheries policy authorities to depart from proposals in the joint fisheries statement if there is a change of circumstances. It goes on to say that the changes of circumstances include, but are not limited to, international obligations, actions by a territory outside the UK, scientific evidence, and evidence relating to the social, economic or environmental objectives. Amendments 59 and 72 tighten up that wording so that those are the only reasons for agreeing a change of circumstances, the reason being that quite a wide scope for change is already given in the joint fisheries statement, which is envisaged to be a longer-term planning document rather than one constantly under revision. Therefore, we believe that the original wording is too loose and could allow other, extraneous factors to come into play.
Our Amendment 60, in the name of my noble friend Lord Grantchester, goes one stage further and removes international obligations altogether as a reason for a change of circumstances. Our concern is that the negotiations with the EU 27 and other external coastal fishing areas will be taking place this year and in future years, and those international obligations could be used as a reason to revisit the joint fisheries statement and abandon our commitment to the sustainability and climate change objectives and the other important objectives in Clause 1.
During our debates on the Bill, all noble Lords have been concerned that a good set of objectives in Clause 1 will end up being watered down by the economic pressures of the trade deals and that we will end up back at square one with something not dissimilar to the common fisheries policy, which has, rightly, been discredited. Therefore, we tabled this amendment to explore under what circumstances international obligations might be used as a reason to amend the joint fisheries statement.
Finally, Amendments 62, 63 and 73 tackle the rather vague reason for a change of circumstances being
“available evidence relating to the social, economic or environmental elements of sustainable development.”
We felt that phrase could mean anything. Changes in these elements relating to fishing management will happen constantly. New reports and statistics about progress in these areas will appear regularly. At what point could this be used to promote a review of the scheme, and is this how we envisage it would work? Instead, we have proposed a much tighter phrase, which is to limit reviews of the joint fisheries statement to resulting from
“catastrophic events which have an impact on fisheries management or the marine environment.”
The previous wording of the Bill did not have the reference to changes in socioeconomic circumstances as a reason for non-compliance with the JFC. Instead the Explanatory Notes listed catastrophic events as a reason for revisiting it, so we have taken this wording and added it to this version of the Bill. Does this not make more sense? Obviously we do not want to put a complete straitjacket on the wording of the JFS, but those drawing up fisheries management plans and those employed in the industry need certainty to plan and invest, otherwise there is a danger of constant lobbying to change the provisions and much confusion among those tasked with implementing the plans.
I hope noble Lords will see the sense in what I say, including the Minister. I therefore beg to move.
Lord Teverson (LD)
My Lords, I very much welcome these amendments and support them. I have put my name to Amendment 62, which is about my genuine concern—I will not go over it again at this time of the evening—that somehow social and economic elements will be used to trump a sustainability issue, even if it is not the will of the present Government or of the Minister. It just makes me uncomfortable, and I would much prefer this whole area to be tighter, as with the other amendments put forward by the noble Baroness, Lady Jones of Whitchurch, which she has explained. It is coming back to this area again of ensuring that we do not prejudice the long term by making life easier politically in the short term.
Baroness Jones of Whitchurch
Before the Minister sits down, may I ask a simple question: does he think that the phrase “international obligations” means international negotiations such as I described, which would include the ongoing regular annual negotiations? Or do “international obligations” cover some wider commitment to international law? If that phrase means the former—the negotiations that go on from time to time—that is quite troubling, because that is where we got into difficulties with the common fisheries policy and other issues. We had our own sustainability principles, and then we traded them away, because that was the outcome of the trade negotiations. Before I comment more widely on what the Minister has said, I am just wondering what that phrase means.
Lord Gardiner of Kimble
So that I am not anything other than very clear with the noble Baroness, I shall read from the Bill: in Clause 48, on interpretation, an
“‘international obligation of the United Kingdom’ includes any obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party”.
That is the definition.
Lord Gardiner of Kimble
I think I am consistent, in that there are many treaties that do not relate to fisheries, and I am consistent in saying that this is in relation to our international fisheries obligations. With the other amendment that we discussed, the drafting could have involved us in all the 14,000 treaties—I think it was 14,000—whereas here I believe it is distinctly involved in and engaged with the arrangements for fisheries within our international obligations.
Baroness Jones of Whitchurch
Just to pick up on that point, the definition to which the Minister has pointed us is about international agreements or arrangements
“to which the United Kingdom is a party”.
That could mean anything or everything that we deal with and negotiate on an international basis, and it continues to raise concerns about the outcome of those negotiations, and whether such considerations will trump our more aspirational objectives, which we agreed in Clause 1. We may come back to that. I continue to have a sense of disquiet about the implications —as I do about the phraseology around the word “socioeconomic”, which we shall not bottom out now; we have debated it several times. However, I agree with the noble Lord, Lord Teverson, that we are in danger of trading the long-term benefit to the marine environment for short-term advantage. Whatever the good will of the Government may be, some of that practicality and necessity will, sadly, get in the way of some of our more profound objectives.
I listened carefully to what the Minister said about the other factors. He talked about dynamic policy-making and reacting to new emerging issues. It just feels as if this will be a moveable feast and will not provide the stability that the fishing community and the devolved Administrations would welcome. I am worried that the wording provides a little too much flexibility.
I quite like the “catastrophic event” phrase: it was the Government’s phrase in the first place, and I just quoted it back. I would have thought there was some merit in adopting it anyway, because such things will be factors. There could be extreme weather changes, or other circumstances could have an impact that the Government would want to respond to, but which would not be covered under the other terminology in the Bill. This is all a bit unsatisfactory, but obviously I am not going to pursue it at this point, so I beg leave to withdraw the amendment.
Lord Teverson
My Lords, I am sure we will deal with this very quickly: there may be a misunderstanding here. One of the most important things if we are to have a sustainable fishery is that we understand the state of the stocks on an annual basis, as we do at the moment. We have cited many times this evening and on Monday the proportion of the stocks that are or are not meeting MSY within the common fisheries policy. I just want to be assured that there will be something similar each year, certainly for those precious stocks and, I hope, for some others as well—I am looking to the Government to guide me here—so we can understand, as Parliament and as the industry, what the states of the stocks are each year. I cannot understand why this could not be the case if we have any sort of quota allocation or annual international negotiation with adjacent coastal states. I am looking to the Minister to clarify this and to assure me that we will keep that regular feedback on the state of the stocks. I beg to move.
Baroness Jones of Whitchurch
My Lords, I am grateful to the noble Lord, Lord Teverson, for tabling this amendment. He raises an important point about the need for the most up-to-date scientific evidence on the state of stocks to aid planning and quota allocation. As previous debates established, there are a number of different timescales resulting from the provisions in the Bill and it is important that we somehow manage to mesh them effectively. One of them, the reporting of the state of stocks, is currently a three-year timescale, whereas this amendment quite rightly proposes a timescale of one year.
We feel that there are strong arguments for this. Given that quota negotiations and fishing opportunity determinations are due to be made annually, and they are meant to draw upon the latest and best scientific advice, it makes sense for the stock reports to coincide with this timescale. Given that the Secretary of State has the opportunity to make mid-term revisions to fisheries management plans, access to the latest data would provide the best possible motive for change. We would go one stage further and hope that these stock reports could be officially collated by Defra and the devolved Administrations and made publicly available. Given that we are moving towards real-time stock measurement and given that the scientific processes we are putting in place will be much more real-time and up to date, I do not think that this is too onerous; therefore we support this amendment and hope the Minister agrees.
Lord Gardiner of Kimble
My Lords, I am grateful to the noble Lord, Lord Teverson, for his Amendment 75, which requires annual reports on the state of
“stocks for which there are fisheries management plans.”
Existing annual publications provide information on the state of our fish stocks. The Joint Nature Conservation Committee publishes the UK biodiversity indicators annually on behalf of Defra and the devolved Administrations. These indicators include two covering sustainable fisheries: one shows the percentage of quota stocks harvested sustainably, and the other the percentage of quota stocks whose biomass is at such a level to maintain full reproductive capacity. These indicators are national statistics and part of the UK’s commitment to the Convention on Biological Diversity to report on our progress towards its goals and targets—the Aichi targets. Our indicators on sustainable fisheries show data back to 1990.
The Government published their 25-year environment plan in 2018, in which they committed to develop a new set of indicators to report on the state of our natural assets, and to publish an annual report on their progress in meeting the goals and targets set out in the plan. The first annual report, published in May 2019, had an indicator on sustainable fisheries alongside a narrative setting out how we are progressing towards our broader goal for sustainable fisheries. The indicator and narrative will be updated in the 2020 report due in the spring. The evolution of the Fisheries Bill and the introduction of our provisions for fisheries management plans means we will need to reflect and consult more widely with stakeholders as it may be more appropriate for each plan to contain its own reporting framework rather than for us to do a single annual report.
There are also some devolution implications arising from the amendment which cause concern. It would commit the Secretary of State to report annually on any stocks in fisheries management plans published by the devolved Administrations covering their waters only. The devolved Administrations would determine how and when they report on the state of stocks covered by their fisheries management plans. In addition, we have enhanced the transparency framework set out in the Bill by committing to provide triennial reviews of the joint fisheries statement and the implementation of fisheries management plans. There are stocks for which we do not currently have sufficient data to assess their status, and we have made provision in the Bill to collect further evidence to determine sustainable levels. The proposed three-year reporting cycle for fisheries management plans will set out our progress for these data-poor stocks.
I am very happy to have further discussions with the noble Lord if he thinks there are any loose ends, but with the existing annual publications—he is probably aware of them already—and the requirements in the Bill, we are asking the question that we all want to know the answer to, which is: are we making progress and is this working? With what we have already and what is planned in the Bill, his aspirations are covered. On that basis, I hope he will withdraw his amendment.
“( ) The master, the owner and the charterer (if any) are not each guilty of an offence if a fishing boat contravenes subsection (1) or (2) as a result of—(a) danger to life or property, or(b) any other reason prescribed by the Secretary of State in regulations.”Member’s explanatory statement
This amendment makes clear that a foreign fishing boat is not committing an offence if it enters or remains in British waters due to conditions presenting a danger to life or property.
Baroness Jones of Whitchurch
My Lords, I hope that this will be a fairly brief discussion. Amendment 76 has been tabled to seek clarification about the circumstances in which foreign fishing boats might legitimately enter UK waters without a licence. The kind of circumstances we had envisaged were during a storm, if there is an illness on board or when sailing through UK waters to reach a more distant fishing ground. This topic was raised at a meeting with the Minister last week and we were offered assurances by officials that appropriate international agreements and conventions would trump this Bill in the event of an emergency incident. I hope that the Minister will be able use this opportunity to clarify the conventions, how they would apply in these new circumstances, and the legal advice that he has received in relation to this matter.
We appreciate that the criminal offence set out in the Bill relates only to fishing in UK waters without a licence, rather than using UK waters for transit or an emergency landing. However, presumably it is not unusual for foreign vessels which are not licensed to enter UK waters to cast their nets as close to the EEZ boundary as possible. If a vessel were to be swept off course by changing weather, could that be construed by a patrol boat as unauthorised fishing?
I accept that these are hypotheticals, but there are potentially difficult times ahead for policing our waters. We need to recognise that while we will have robust enforcement in our waters, emotions can sometimes run high when it comes to perceived incursions. It is vital that there be a responsible approach which puts safety first, while ensuring that all foreign vessels understand the implications of the licensing regime we are proposing to introduce and do not flout them without recognising the consequences. I therefore beg to move the amendment.
Lord Teverson
My Lords, this is a really important issue and one that we need to clarify. I am sure that there are international obligations to do this, but I would be very interested to hear what they are. The noble Baroness raises some really important points about the fact that at sea, things can get difficult and emotional. We saw the incidents in the Baie de Seine last year or the year before, so we have to be very clear and careful about some of these things.
One thing I want to point out, which the Minister will be completely aware of, is that we sometimes envision an EEZ where foreign vessels have to stay on one side and British ones on the other; but under international convention, as long as they are steaming and not fishing, they are absolutely allowed to go through international waters. It is important to remember in this debate that it is not all about keeping foreign fishing vessels out of the UK EEZ; they are perfectly entitled to be there, not necessarily in territorial waters but between 12 miles and the median line, or 200 nautical miles. They are entirely allowed to steam through there as long as they do not fish, and we should remind people of that.
Baroness Bloomfield of Hinton Waldrist
My Lords, I am grateful to the noble Baroness for her amendment. This again touches on an issue that I am sure we can all agree is of great importance. The Merchant Shipping Act 1995 has special provisions for assisting vessels in distress. These provisions allow for any UK or foreign vessel that is wrecked, stranded or in distress at any place on or near the coast of the United Kingdom or any tidal water within UK waters to receive any assistance required. In addition, Articles 17 and 18 of the United Nations Convention on the Law of the Sea allow for the right of innocent passage, which applies to all ships of all states, to territorial seas——between 0 and 12 nautical miles—and to the exclusive economic zone, which is between 12 and 200 nautical miles, or the median line. Passage in this instance means navigation through the territorial sea, anchoring or stopping in territorial waters in cases of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
For example, in poor weather, foreign vessels can stop fishing and shelter behind a headland to escape the worst of the wind and waves. According to the MMO, it is a common occurrence, especially in east and south-western areas and in Northern Ireland waters, to allow vessels safe navigation and passage. Through this existing legislation, we have a duty to provide shelter in our waters and in our ports so that vessels may deal with injuries, replenish their provisions and refuel; and also to allow them safe transit through our waters to reach more distant fishing grounds. Therefore, foreign vessels that need to access UK waters to get to their fishing grounds, or where there is a concern over danger to life or property, will continue to be able to do so. Any further exceptions will be agreed in international arrangements or set out in vessel licence conditions. This is already provided for in Clause 12(1).
I thank the noble Baroness for her explanation, but I regret that the second part of the amendment, which allows the Secretary of State to prescribe other reasons by regulation, is rather broad and potentially could be a catch-all. Additionally, as drafted, the breadth and ambiguity could cause challenges within the devolution settlements, depending on how broadly or narrowly the reasons were interpreted. I believe that the matter that this amendment relates to is covered in legislation already. With this explanation, I hope the noble Baroness will feel able to withdraw her amendment.
Baroness Jones of Whitchurch
I thank the Minister for that. It is useful to have all that restated. My only other point is that things will change with the new licensing arrangement. The last thing we want is for foreign vessel owners to put their own interpretation on how this will work, so the more we restate it and communicate it very clearly to all concerned, the less scope there will be for other people to try to misinterpret it. I do not wish to pursue this any further. I thank the Minister and I therefore beg to withdraw my amendment.