Fisheries: EU Landing Obligation (European Union Committee Report)

Baroness Jones of Whitchurch Excerpts

Thursday 23rd January 2020 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I welcome the Minister to the Dispatch Box this afternoon. I very much look forward to working with him on the many environmental challenges we will be dealing with and which face our nation at the current time. I am also grateful to the noble Lord, Lord Teverson, for the insight and clarity he showed in introducing these reports. He is right that this will be a big issue this year, and I think this is one of many debates we will have on the future of the fishing industry in the UK. I am also grateful to all noble Lords who contributed to the work of this committee and those who contributed to such an excellent and well-informed debate. It is hugely frustrating that the initial report took so long to be debated. I am therefore very grateful to the committee for the tenacity it showed in going back and repeating it all over again, just to remind the Government that this is an issue which needs to be addressed. Therefore, I am very grateful for the committee’s later report as well.

It is clear that the issues surrounding the impact of the discard ban are as relevant now as ever, particularly as we move towards becoming an independent fishing state. As a number of noble Lords have said, we are awaiting the reveal of the latest version of the fisheries Bill. I hope the Minister will be able to update us on the anticipated timetable in his response. As noble Lords will know, the original Fisheries Bill made considerable progress in the Commons before consideration was halted, perhaps in a move that underlines just how controversial this issue is likely to be. Nevertheless, it enabled my colleagues in the Commons to thrash out some of the key issues before us today, which I am sure will be running themes during consideration of the Bill.

At the outset, let me say that we support the introduction of the discard ban, but it needs to be one feature of a comprehensive sustainable fishing policy. This is an issue to which, so far, the Government have paid lip service but on which we are yet to see concrete action to deliver these promises. This is not an easy task, and I am grateful to my noble friend Lord Hanworth, who set out the long historic roots to this challenge. It is not an easy task and it is in many ways a cultural one. Noble Lords talked about the invisibility of some of these issues; I think that has made the challenge more difficult. However, it remains the case that overfishing is having a huge impact on marine biodiversity, and this is an issue we need to address.

As my noble friend Lady Young said, in the UK, just 59% of stocks were fished at or below sustainable levels last year. UK cod stocks have declined to critical levels due to overfishing and the EU Council of Ministers has continued to increase quotas in spite of the scientific evidence which suggests that it should reduce it. We welcome the fact that the Conservative manifesto specified that there will be a legal commitment to fishing sustainability and to the achievement of maximum sustainable yields. We believe that the fisheries Bill could provide a once-in-a-lifetime opportunity to start fresh and create a truly world-class sustainable fisheries policy. However, we believe that the previous version of the Bill failed to meet that ambition.

We believe that our fishing needs to be sustainable both environmentally and economically. These objectives are not in conflict with each other. If we do not have a truly sustainable fisheries policy, we will not have the fish, which means we will not have the fishing fleet, processors and industry which sustain our coastal communities. Noble Lords have quite rightly identified the social and human cost of a failed fishing policy in those coastal communities. We can reverse that declining sustainability, but it would take a much more imaginative reallocation of quotas, in essence rewarding those who demonstrably meet our ecological criteria. For example, a greater share should be offered specifically in return for compliance with relevant regulations, participating in data gathering, transparent monitoring, the recording of catches and, of course, compliance with the discard ban. This is an opportunity that will come when we leave the EU.

We also need a serious plan to address the data deficiency, with investment in world-class science that can outclass the advice from the EU that we have previously relied on. This will help our fishing sector market more species at a sustainable level and boost demand for a greater variety of fish. This will work only if our science is indisputable and backed by a commitment to adhere to maximum sustainable yield calculations, which would need to be spelled out in the Bill. I would be grateful if the Minister could clarify whether this is the intention for the fisheries Bill.

In addition, I agree with the noble Lord, Lord Cameron, that there is a strong case for smaller boats to be given a greater share of the quota after Brexit. The small-scale fishing fleet generally uses more low-impact gear and creates significantly more jobs per tonne of fish landed than the large-scale sector. Noble Lords will know that, in the UK, the under-10-metre small-scale fishing fleet represents more than 70% of English fishing boats and 65% of direct employment in fishing. This is a sector we should support, providing it can demonstrate a commitment to a sustainable fishing strategy. I would be grateful if the Minister could address in his response the need to rebalance in favour of the under-10-metre fishing fleet.

These are some of the issues which we will want to explore when the Fisheries Bill comes to be debated here. They all relate to the challenges in implementing the discard ban, which the report addresses so clearly. Like other noble Lords, I was concerned at the degree of complacency in the Government’s response to the report, so I hope the Minister can update us on the latest position in implementing the ban since their responses were written—I hope he will provide slightly more optimism that the Government are taking this seriously.

The reality seems to be that no one knows what the level of compliance with the discard ban really is. It is not being properly monitored and we do not have sufficient surveillance technology in place, or sufficient inspection vessels at sea, to change the discard practices which have been going on for generations. I was shocked to read the evidence of Phil Haslam of the MMO, who said that he has access to only three patrol boats. I agree with my noble friend Admiral Lord West that we need a huge investment in new boats, equipment and staff if we are to enforce compliance effectively in our sovereign waters post Brexit. This is an issue for our own domestic fleet but, perhaps more importantly, for foreign vessels seeking to fish in our waters as well. When the Minister responds, perhaps he can update us on the plans for increasing that capacity.

I agree with many noble Lords that the quickest and most effective route to achieving compliance is the introduction of remote electronic monitoring, with cameras to produce full and verifiable documentation of UK catches and discards. I hope that the Minister will be able to set out in his response a clear commitment to the introduction of REM and a timetable for compliance with this technology.

Noble Lords have rightly drawn attention to the problems with mixed fisheries and the choke effect. Clearly, there needs to be some kind of flexibility, to help mitigate its impact while maintaining compliance with the quotas. However, like other noble Lords, I was slightly disturbed to read that the impact of choke species has been less than anticipated, again raising questions about the level of compliance with the discard ban. The truth is that implementing the discard ban effectively will always be an uphill struggle if the fishers themselves do not understand the intent behind it, or if they believe that the policy is unworkable in its current form.

The Government still have a massive job to do, not just to inform the crews of their obligations not to discard but to persuade them that it is a policy that will work in their interests. This requires a huge cultural shift, as noble Lords have identified, so it is the real challenge ahead. I look forward to hearing from the Minister how the Government intend to respond to that challenge.

Office for Environmental Protection

Baroness Jones of Whitchurch Excerpts

Monday 20th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

Yes. The intention is very much for this to go beyond what we had with the EU’s oversight. This will be with our domestic legal arrangements. This will concern public authorities, be they arm’s-length bodies or local authorities. The important point about our domestic system is that we will be able to locate and rectify and that, through its enforcement options, it will be able to rectify what needs to be rectified.

[Baroness Jones of Whitchurch (Lab)]

My Lords, on that issue, does the Minister agree with the Natural Capital Committee’s recent report, which went one step further? It recommended that Office for Environmental Protection’s remit should also cover the private sector and private landowners. Does the Minister have any views on that?

[Lord Gardiner of Kimble]

My Lords, I must say that the OEP is predicated on the responsibility of public authorities. Clearly, if, for instance, a water company or a private individual contravened a law, it would be for one of those public bodies to take action, be it the Environment Agency or whatever. The key point about this legislation is that it concerns the oversight of the Environment Agency or government or a local authority. There are already mechanisms in law where someone transgressing environmental law can be taken to task; this is about enshrining that local authorities can also be.

England Coast Path

Baroness Jones of Whitchurch Excerpts

Thursday 16th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, just to be clear, the first stretch of the path opened in 2012. I am in dialogue with senior officials at Natural England because, obviously, we wanted it to be finished this year. The Government granted a further £25 million to advance completion from 2030 to 2020. We want to keep up the pressure. I have set out very clearly the reasons for this delay; there is about an 18-month delay because of the court case and its implications for nature conservation designations. I am as confident as I can be, subject to any planning matters, that we will complete this.

[Baroness Jones of Whitchurch (Lab)]

My Lords, this is a fantastic initiative, started by the Labour Government and due to be completed by this Government in 2020. Does the Minister share my dismay that the deadline is slipping, and can he confirm that, despite the severe cuts that Natural England has suffered, it still has the resources to drive this project through to completion and deal with the outstanding legal cases it is now having to face?

[Lord Gardiner of Kimble]

Clearly, I am disappointed that we have not been able to complete it, but the truth is that there was nothing we could do about the People Over Wind case in Europe. It was legally court-required of Natural England to reassess those areas of the path that have European conservation designations. Nothing could be done about that. I am confident, having spoken to the chief executive and working with her officials, that everything is being done. The £25 million is there for them; they have spent about £22 million already and are within budget.

Farming

Baroness Jones of Whitchurch Excerpts

Wednesday 8th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I am well aware that upland farming and sheep production in Wales are extremely important. That is why our lamb exports to Japan, China and India are a way forward. As the noble Lord has said, it is clearly a devolved matter. Defra has strong and good relationships with the devolved Administrations, particularly that in Wales, and we want the agricultural sector in Wales to be successful, as we want it to be in the rest of the United Kingdom.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Minister will know that many hill farmers rely on farm subsidies to survive, so can he clarify whether the Government intend to maintain the £3.2 billion cash pot that was previously available for farm support to the end of the seven-year transitional period that is envisaged, even if the pot is distributed in a different way? Will that overall pot be maintained?

[Lord Gardiner of Kimble]

My Lords, I take the opportunity of the noble Baroness’s question to speak of a manifesto commitment. We will guarantee the current annual budget to farmers in every year of the Parliament. I am very pleased that in December last year the Chancellor confirmed nearly £3 billion of funding for 2020. By way of a simplified countryside stewardship scheme that is coming in and through the pilots of the environmental land management scheme, we want a scheme flexible enough to work across England and all sectors, so that we enhance the environment and that the public good already being done by many farmers is properly recognised.