Fisheries Bill [HL]

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 22nd June 2020 Lords Chamber

[Baroness McIntosh of Pickering [V]]

My Lords, I lend my support to this amendment. There is a certain attraction in having one objective, namely sustainability, in the context of the Fisheries Bill, as the primary objective. Part of my reasoning for this is that the House might wish to take a broader view and make sure that we come to the same view on the Fisheries Bill as we do, for example, when we come to consider the Environment Bill. We should not consider one in isolation from the other.

I was very taken by the Minister’s argument in Committee that in relation to objectives, there was a three-legged stool, whereby environmental, social and economic objectives should be given equal weight. There is a distinct attraction in singling out the environmental objective as the “prime fisheries objective”, as it says in the amendment. I know that it is a concern of Scottish fishermen and the Scottish Government in particular that we should look at the broader use of the marine environment, particularly in regard to renewables and other resources. There is an overwhelming attraction in having the sustainability objective as the prime objective. To put my mind at rest, I would be very interested to learn from the Minister, in the event of a contest between the three legs of the stool, how the Government would decide to prioritise between the economic, social and sustainability objectives.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I support the amendment in the name of the noble Lord, Lord Krebs. I know that my local fishermen and those involved in the catching and processing sector want fishing to be a leader in the marine food system. They also want to ensure that people have access to good-quality products in the various fish species which they catch. I firmly believe that this can be achieved through the principle of environmental sustainability and the commitment to protect the natural environment. We are in no doubt that sustainable fishing means leaving enough fish in the ocean, respecting the habitats and ensuring that people who depend on fishing can maintain their livelihoods. It is a bit of a balancing act and I hope the Minister will address that issue.

The Bill provides a framework for future fisheries management. However, in some quarters, it is felt that the Bill will not achieve the Government’s aim of world-leading sustainable fisheries management because sustainable fisheries depend on a healthy marine environment. Environmental legislation has featured little in the fisheries and Brexit debates so far. Of particular relevance to a healthy marine environment are the European marine strategy framework directive, the birds directive, the habitats directive, the bathing waters directive and the water framework directive. Will the Minister outline how this will be achieved in the post-transition period, while at the same time protecting the local fishing industry?

It is important, as the noble Lord, Lord Krebs, said when he moved the amendment, that fishing and aquacultural activity do not compromise environmental sustainability in the short or long term. This legislation presents us with a unique opportunity to ensure that environmental sustainability and the principle of sustainability take precedence in the various elements of sustainability and that sustainability is a prime fisheries objective. We should grasp that opportunity now, but be mindful of not ending up with legislation that is too rigid in the eyes of those in the fishing sector—both catching and processing—because we do not want to replicate the challenges that beset the fishing industry as a result of the common fisheries policy.

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[Lord Lansley]

My Lords, Amendment 23 in my name is in this group. It and Amendment 4 are grouped together because they relate in their various ways to the economic benefits that are to be derived from sea fishing activities, but my amendment is quite specific and I will explain why I commend it to the House.

When we get to Clause 15 later in the Bill, your Lordships will recall that a power is granted to license boats engaged in fishing and that various specific powers may be granted by reference to that licence. They are included in Clause 15(2) and are amplified in Schedule 3. Schedule 3 makes further provisions relating to sea fishing licences. Looking at it, I was surprised that, given the importance placed on the economic links that are applied in conditions to licences by all fisheries policy authorities nowadays, there was nothing in the legislation that provides a specific reference to the use of those economic conditions. When I looked at Clause 15 and Schedule 3, I could see that the original material, principally from the Sea Fish (Conservation) Act 1967, which originated the power for these licences, has been reproduced in the legislation before us—with, I might say, the benefit of better and more concise drafting. None the less, the purposes seemed to be the same.

However, it seems to me that the purposes of licensing are now established to go more widely and to include economic conditions. I do not need to explain the conditions, because we have debated these in a number of contexts in a number of debates in Committee. There is no real debate about whether there should be economic conditions attached to licences. Indeed, the Government’s position, if I understand it correctly, is that they want further to reinforce such conditions; that is part of the objectives. I found it very odd, therefore, that statutory backing was not given, at this stage, by reference in the Bill to the inclusion of such economic links.

In Amendment 23, I have made the following suggestion. Paragraph (2) of Schedule 3 lists:

“The conditions that may be attached to a sea fishing licence include, in particular, conditions”


to which my amendment would add the same language used elsewhere, as we have talked about, of

“conferring economic, social or employment benefits to the United Kingdom or any part of the United Kingdom.”

This would give statutory force to the Government’s intentions in relation to future licences for fishing boats.

We may not reach the point at which this amendment arises until Wednesday, although we are debating it today. I simply say that it is my hope that, even at this late stage, Ministers will reflect on whether, on Wednesday, this is something that they might like yet to adopt into the Bill.

[Baroness Ritchie of Downpatrick [V]]

My Lords, like the noble Lord, Lord Hain, I agree that the common fisheries policy, under the European Union, provided quite substantial progress for fishing, notwithstanding the challenges it presented to fishers and the processing sector. However, I should acknowledge that many in the fishing industry were deeply unhappy about its consequences and would urge the Government to replace it with something that enables the fishing industry to grow and prosper.

I understand where the noble and learned Lord, Lord Mackay of Clashfern, is coming from. As somebody who was a remainer, I none the less accept the outcome of the referendum, and I agree with the principle that there must be a vision for the UK fishing industry. In that vision, there must be objectives—not just environmental and sustainability objectives but clearly stated economic and social objectives, to ensure that our coastal communities can grow.

Reference has been made to the fact that fish can be landed in UK ports or elsewhere. I come from a community in County Down, in Northern Ireland, where there are three fishing ports. On numerous occasions, due to inadequate depth at the harbour mouths caused by siltation, larger ships with processing facilities, and native to the area, are unable to land their processed catch. Some do it in ports in the Republic of Ireland, others in Britain, and some in Norway. There are currently applications with DAERA, the department with responsibility for fisheries in Northern Ireland, for infrastructural improvements—some have been with the department for several years—but no decisions have yet been taken. That has placed a halt on the development of infrastructure and the economic and social objectives of the fishing industry under the devolved Administration in Northern Ireland.

A second objective should be training facilities, which should be enhanced to ensure that young people and older people—I would not wish to be ageist—are encouraged to enter the fish training sphere to become fishers. In that respect, there needs to be a two-pronged approach. While the training infrastructure has to be built up, I would like to hear from the Minister whether there has been any further progress towards the Home Office licensing the Filipino fishermen who have provided a much-needed training and fishing resource in ports throughout the United Kingdom.

I support a vision to grow and ensure the prosperity of the UK fishing industry from an economic and social perspective, and to ensure that fish and aquaculture activities are so managed to achieve those objectives. I therefore understand and empathise with the amendment tabled by the noble and learned Lord, Lord Mackay of Clashfern.

[Lord Naseby (Con)]

My Lords, I apologise to my noble friend the Minister for not being able to take part in the Second Reading of this very important Bill. I come to this from the perspective of someone who used to look at legislation in great detail in the other place to decide whether Bills were overarching Bills, out of which would flow secondary legislation, or ones that would generate very little secondary legislation.

This Bill deals with the key objectives behind a very novel situation for us as a country as we leave the EU, in the sense that 60% of the fish caught in the UK’s exclusive economic zone were not caught by the UK fleet. It is very transitional, in the sense not just of time but of quantum. A huge change will take place. One has to look only at the scale of Norway to understand the real size of this change.

Against that situation, and as someone who was in commerce and industry for most of my life before I entered the other place, I believe that objectives have to be clear and not very long. There is nothing wrong with the sentiment of what my noble and learned friend Lord Mackay of Clashfern puts forward; they are clear objectives. However, I am grateful to the Scottish Fishermen’s Federation, which reminds us in its briefing that this is enabling legislation. It is framework legislation that provides for arrangements to be developed for fisheries management in the UK. They are workable in their current form, but the Scottish Fishermen’s Federation cautions against amendments that would add unnecessary complexity through primary statute when the detail that will be needed for fisheries management and managers should rightly lie in secondary legislation made through the Bill’s powers that reflect what is needed.

I am on that side: the side of clear, precise objectives. That does not mean that I am against what my noble and learned friend and others are saying, but that is underneath the clear objectives. Therefore, I am not in a position to support these amendments.

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[Baroness Ritchie of Downpatrick [V]]

My Lords, I support the principles behind the amendment moved by the noble and learned Lord, Lord Mackay of Clashfern. Like him, I firmly believe that the people in our fishing workforce need to be protected, to receive all the training that is available to them, and that further training should be developed for them. Many people have perished in order to ensure that we have food from fishing that we can enjoy. This is an industry that carries a lot of risk for fishermen and fishers and they should receive all the protection that they can.

I should like also to speak to Amendment 6 in this group. The Government, in consultation with the devolved Administrations, should bring forward a strategy as a result of this Bill to build and sustain the UK fishing workforce. Probably the best way to do that is through working directly with the devolved Administrations, because obviously this would be a devolved function. We must see a resurgence of the training schools running alongside granting permissions for migrant Filipino labour—the Minister has mentioned that assurances have been provided in that regard. I would be very pleased if we could see the assurances in relation to this issue set out in writing, if that is not too much bother.

All of us want to see vibrant coastal fishing communities because fishing is the kernel of their regeneration, offering employment with no tie-ups and providing direct links to the processing, retailing and supply chains. Local supermarkets should supply locally caught fish to boost the industry and employment prospects within it.

Therefore, it must be an integrated strategy covering all aspects of the sector with clear goals and objectives to meet the Government’s responsibilities towards the industry’s workforce, as required by Amendments 5 and 6 in the name of the noble and learned Lord, Lord Mackay. Workers need to be protected; there must be high safety standards within all sectors—we all know people who have died while fishing at sea in the pursuit of bringing high-quality food to our table. I am content to support these amendments.

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My amendments are serious, and they are vital to the health of our industry, as well as of the marine environment. These amendments seek to make sure that full endeavour is given—it will not always be possible; sometimes negotiations do not work—to having co-operative management plans with the other states that share the area in which these fish stocks circulate. If we manage that, I believe that we will have far healthier seas, a far healthier fishing industry, and far healthier coastal communities. On that basis, I beg to move.

[Baroness Ritchie of Downpatrick [V]]

My Lords, I support the amendment in the name of the noble Lord, Lord Teverson. As the UK shares more than 100 stocks with the EU, it is critical that a clear and robust approach is developed to the management of shared stocks, to perhaps avoid another mackerel war, where coastal states set their own unilateral catch limits above scientifically recommended levels. If accepted, this amendment, along with Amendments 12 and 13, would ensure that the joint fisheries management statement and fisheries management plans were drawn up jointly with any coastal state that shares stocks with the UK, recognising that the management of shared stocks must be co-ordinated at a supranational level.

As the noble Lord, Lord Teverson, said, co-operation in this matter is inevitable, as has already been stated by the chief executive of the National Federation of Fishermen’s Organisations. Only this morning, I was talking to the chief executive of the Anglo-North Irish Fish Producers Organisation, and he too agreed with the sentiment. He also suggested, as I now suggest to noble Lords, that that is possible if you follow the scientific advice, which I have no doubt that the quota arrangements will be based on.

I look towards the Irish Sea, which is adjacent to me. It is managed on a joint basis already, as it was prior to our membership of the European Union, through the Wassenaar agreement between the old Northern Ireland Parliament and the then Government of the Republic of Ireland. That has since been implemented through legislation, because a Supreme Court judgment required it. Having said that, with the UK leaving the EU, I was pleased that the Minister provided me with an undertaking at Second Reading that that agreement would still stand and that the outworking of that agreement would still enable that joint working and joint management plan between the two jurisdictions that covers the Irish Sea in terms of fisheries to continue.

My argument is if that can take place at the moment, as it has over many years, why can it not take place in other discussions about joint management plans with other nations within and without the European Union? As the noble Lord, Lord Teverson, said, fish migrate, mate and multiply in waters, and do not respect territorial boundaries, so there is a need for the joint management plans to be discussed with other coastal states to ensure that we achieve what is in the best interests of our fishing industry and our fishers.

[Baroness Young of Old Scone [V]]

My Lords, I too support Amendments 8, 12 and 13, tabled by the noble Lord, Lord Teverson, and others, which take account of the fact that, as he said very vividly, many fish stocks swim across the boundaries of UK waters and need to be planned for in conjunction with other fishery states. I am aware that these considerations are normally included in coastal state negotiations as they are currently conducted, but there is a need for the Bill to have a simple reinforcement that would be met by putting these amendments on the face of it.

Amendment 51, also in this group, is a rather neat amendment, tabled by the noble Lord, Lord Lansley. It aims to ensure join-up across Government when negotiating international arrangements other than fisheries to ensure that the fisheries objectives are not forgotten or traded away in other international negotiations. Alas, we already see examples of this emerging in the US trade deal, impacting not fisheries but agriculture. I recall that the noble Lord, Lord Deben—we do not know whether or not he is in his place—when he was Minister for agriculture and then for the environment, used to come back from international negotiations and report to the environmental NGOs in a somewhat crestfallen manner that one of his aspirations had bitten the dust in the negotiations as a trade-off for some abstruse automotive deal or in a backdoor pact on an immigration issue. This amendment would at least ensure that our UK negotiators across departments would by law have to respect the fisheries objectives—as amended, I hope, by this evening’s overarching sustainability objective from the noble Lord, Lord Krebs.

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[Lord Cameron of Dillington [V]]

My Lords, it is always my ambition to kick-start a change in a Bill in Committee and, hopefully, persuade the Government to pick up the baton and run with their own amendment based on my and others’ suggestions—although in a better format, with better language and so on. However, it seems that an equal and alternative route to success is to get the noble Lord, Lord Lansley, to pick up the baton and table his excellent amendment—albeit, I understand, with a little help from Defra.

I spoke in Committee, probably for too long as usual, on the need to positively link the aspirations of the objectives in Clause 1 to some of the more practical implementation sections of the Bill. When it came to Clause 25 I highlighted, probably again at too great a length, that this was a key place for ensuring that the objectives, and what the Government meant by them, were spelled out loud and clear for the industry to understand. I believe I may even have mentioned virtually all the criteria listed in subsections (2) and (3) of this excellent new version of Clause 25.

So I strongly support Amendment 28. I support both its sustainability ambitions and its clarity, moving, as the noble Lord, Lord Lansley, said, from Euro-speak to British common sense. The only possible slight improvement that I might have made would have been to say that the fisheries authorities should have a duty to clearly communicate their criteria and the reasons for them to all fisher men and women in their area by whatever means possible. I have assumed that this is implicit in the amendment, but I would be grateful if the Minister could confirm that.

I know it is standard procedure for Governments of all hues to resist all amendments if they possibly can, so I really congratulate the noble Lord, Lord Lansley. I thank the Government, and in particular I thank and congratulate the Minister in advance for having listened and responded to the points made in Committee and for gripping this issue and thus greatly improving the Bill.

[Baroness Ritchie of Downpatrick [V]]

My Lords, I find that I have a certain sympathy with Amendments 9 and 28. Like the noble Lord, Lord Lansley—who moved Amendment 9—and the noble Lord, Lord Cameron of Dillington, I think that it is important to link the fisheries objectives to the practicalities of the Bill in terms of outworking, effort quotas and quotas generally. Can the Minister clarify whether those will be based on the science in terms of historic catches?

For a long time, fishermen, the fishing industry and fishers generally were concerned that quotas did not always relate to what was in the sea—that is, the volume of particular species of fish. They felt that the science was not necessarily always accurate. I would appreciate it if the Minister could provide in his winding-up speech an update on how the outworking of the Bill, including the intentions of this amendment, will reflect the requirements regarding gear and the science, as well as how the science will direct and fuel the quota arrangements and allocations, so that fishermen do not feel that they are penalised in future.

[Baroness Young of Old Scone [V]]

I thank the noble Lord, Lord Lansley, for sorting me out on Amendment 51 when I jumped the gun on the groupings. I also commend him for his two amendments in this group.

One regret with this Bill is that we did not have an opportunity to see a completely brand spanking new Fisheries Bill that codified all the legislation, irrespective of whether it came from Europe or was domestic. That would have been a once-in-a-generation opportunity. The noble Lord, Lord Lansley, has done that for this particular element of the common fisheries policy and has translated it into a brand spanking proposed new clause for the Bill. I very much support him in that. Perhaps we should have got him to write the fisheries legislation in its totality, but I remember what happened when we let him loose on the NHS legislation—we did not much like what he produced—so perhaps that is not such a good idea after all. Well done to him on this piece of redrafting. I hope that the Government accept that this particular piece of this patchwork Bill has been codified successfully.