Fisheries Bill [HL]

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 11th February 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, it is a pleasure to follow the noble Lord, Lord Selkirk, and my contribution will do so from a Northern Ireland perspective. I live in County Down, and three principal ports associated with the sea fish sector are in County Down: Portavogie, Ardglass and Kilkeel. Two of those, Ardglass and Kilkeel, are among the top UK ports. In a Northern Ireland Assembly report of 2015, which is the last known record, the value to the local economy of the fish landed was £20.8 million.

Yesterday evening, I had an opportunity to talk to the Minister about issues that appertain to the sea fishing sector in Northern Ireland. I am reminded by our fishermen and their representatives of a phrase that has been used throughout this process, which neatly sums up the position that the fishing industry finds itself in today. That is: nothing is agreed until everything is agreed. Like noble Lords who spoke earlier, I agree that this Bill is a framework and that much has to be coloured in with what the devolved Administrations come up with, and with what happens in the negotiations between the UK Government and the European Union. So, with the UK’s formal departure from the EU, the Fisheries Bill we are discussing today is an important stepping stone in the process.

As we have been reminded by Boris Johnson, his predecessor and others, the UK will be an independent coastal state and as such we should be able to unleash the potential of the fishing industry. For 47 years it was subjected to the management of the common fisheries policy, which some within the fishing industry believe was mismanagement. We are told that the Bill will deliver a legal guarantee that the UK will leave the common fisheries policy at the end of the transition period in December 2020. Nevertheless, the reality is that, before the potential referred to by the Government can be realised, the UK and the EU have to use their “best endeavours” to agree a new fisheries relationship by the middle of this year. This agreement will be critical to the future continued regeneration of the ports I have referred to, but our fishing industry remains some way off a final agreement in terms of resolving the imbalances in fishing quota allocations, most notably from an Irish Sea perspective.

We also want to see the ending of the annual reallocation of quota from UK fishermen, especially those from Northern Ireland, in favour of their colleagues in the south of Ireland under the so-called Hague Preference. Yesterday evening I had an opportunity to talk to the Minister and I mentioned the voisinage agreement that was originally a gentlemen’s agreement between the old Northern Ireland Parliament and the Government in Dublin. It enabled fishermen from County Down to fish in Dundalk Bay but, because of a Supreme Court judgment in Dublin in 2016, it had to be suspended. The Irish Government have since put the voisinage agreement into legislation. I say this to the Minister: we do not want that agreement dismantled in any way, because good relations have now been resumed and fishermen are continuing to ply the Irish Sea in pursuit of their best endeavours. Now, with a future Irish Government who it is hoped should be in place in the next couple of weeks, I hope that the good relationship with the previous Minister will continue with the noble Lord the Minister.

We should recall that securing a new fisheries agreement between the UK and EU is not about inventing the wheel. Other independent European coastal states, most notably Norway, have fisheries agreements with the EU. Last week, we heard about the EU’s ambition for the new fisheries agreement with the UK. It includes an aspiration for a more detailed agreement than the Norway-EU agreement. Given the huge implications that the UK-EU fisheries agreement will have for the success of this Bill, it would be useful to learn what the UK has in mind.

Reference has already been made to the previous incarnation of the Fisheries Bill, which was addressed in late 2018 in the other place, and to a House of Lords EU Committee report that provided the basis for this legislation. One of the biggest changes is that it delivers on the Government’s manifesto aim to manage our fisheries at their maximum sustainable yield levels under a wider ecosystem-based approach to fisheries management. This is obviously very important, and the application of MSY levels to fisheries management has been the subject of extensive debate since they were adopted by the EU at the World Summit on Sustainable Development in Johannesburg in 2002. For some, MSY is a conceptual theory that has little applicability to an ocean environment that is subject to constant change—change that has been accelerated by climatic change. So it is important that the Bill is shaped in a way that allows it to evolve and does not provide for unachievably hard MSY targets.

Another feature that local fishermen have raised with me is a fairer share of fishing opportunities. They suggest that they would like to see, as part of the management framework outlined in the Bill, a quota allocation system that is appropriate for Northern Ireland. What is suggested for England might not necessarily work in Northern Ireland. Fishermen in Northern Ireland should not be penalised, because they have taken all the—let us say—outstanding resilience measures over the last number of years and have been able to deal with discards, by-catches and the landing obligation. They introduced and got patented some areas of gear changes, which it would be useful for the Minister to have a look at.

While the fishing industry welcomes Prime Minister Johnson’s commitment that there will be no checks on the trade of seafood and other products from GB to Northern Ireland, it looks forward to hearing how the Government will deliver on that commitment—in particular with seafood brought to Northern Ireland for primary processing before being returned in its entirety to GB.

Last night I raised with the Minister the issue of allowing non-EEA fishermen to continue to work on County Down boats. In fact, they work on other boats throughout the fishing industry in the UK. So far, in spite of our best endeavours, the Home Office has not come forward with a legal formula to enable them to continue to do this work. In many instances, our local fishing industry could face tie-up without the expertise of these people. The Northern Ireland fishing industry faces a compromised position, because back in 2016 the Irish Government provided a legal framework to enable these non-EEA crew to fish in Irish waters. They can move from one Irish-registered vessel to another, so our local fishing industry in County Down, which relies largely on fishing in the Irish Sea, feels compromised.

I look forward to hearing the Minister’s comments in response to the issues I have raised and to participating in Committee on the Floor of the House. I hope that the Bill will lead to the continued regeneration of coastal communities. Other noble Lords have mentioned the issues raised by environmental organisations about the need for greater sustainability and reflection of climate change. While that is referred to in the Bill, they want to see consideration given to binding commitments not to fish above independent, scientifically recommended sustainable levels. To allow an industry such as fishing to grow, develop and nurture, we have to adopt a balanced approach to all this.

In conclusion, I look forward to working with the Minister and noble Lords across the House to develop an enhanced Bill that will bring benefit to fishermen, particularly those I know in County Down fishing villages.