Fisheries Bill (Fifth sitting)

Brendan O'Hara Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 11th December 2018 Public Bill Committees

[Mr Carmichael]

Like many Members of this House, I am often wary about using legislation to send signals, because most of the time I do not think it necessarily ends well. However, from my experience personally and as a constituency MP, I think the hon. Gentleman’s amendment would send a very important signal, so I commend him for tabling it.

One of my formative experiences in the area came when I was still in legal practice. I was instructed to appear at a fatal accident inquiry at Lerwick Sheriff Court on behalf of a family from Banff, or perhaps Macduff, whose son had been swept overboard from a trawler, the Alandale, which is no longer at sea. In a force 7 or force 8 gale, the young man had gone over to the ledge around the side of the boat to fix a trawl door. The boat was hit by a big wave—a lump of water—and he was washed away. The skipper said that the crew saw a flash of orange oilskin in the water, but that was the last they saw of him. They looked for him for some time, but the search was ultimately futile.

When I was instructed in that case, the grief of the young man’s parents formed my view, which I hold to this day, that the matter requires our attention and every possible signal needs to be given. The other thing that struck me during the fatal accident inquiry was the evidence of the other deckhand, who was still in his late teenage years. He said that for a few weeks after the incident, he had worn a life vest of some sort; when asked on cross-examination why he had stopped wearing it, he said that he had been subject to ridicule from others in the industry. Nobody of that age, and nobody who had witnessed what that young man had witnessed, should be subject to such pressure. I have noticed that the situation has improved since, but there is still a lot to do. I still hold the view that there is a job of education to be done within the industry, and making it an objective of the Bill would be a significant improvement.

Locator beacons are another matter that I have formed a view on over the years as a consequence of my experience of dealing with families. One constituent, with whom I worked for some years, had a brother working on a single-handed creel boat who was caught in a rope—we think—when shooting his creels and went over the side of the boat, which was on automatic pilot. The boat was eventually found a considerable distance from where the family thought he had been fishing. A locator beacon would not have saved his life, but it would have saved his family immense pain and grief to know sooner where he was. It is a relatively small and inexpensive innovation, but it highlights the importance of putting safety objectives in the Bill.

Finally, let me make a point about modern slavery. The modern slavery that we have identified in the fishing industry has generally been a consequence of the operation of transit visas in relation to crews of non-European economic area nationals. The hon. Member for Plymouth, Sutton and Devonport has heard me speak about that in the House times without number. It is a ridiculous use for transit visas and the Government should get real and identify the need for non-EEA nationals to be employed in the industry, and make a sectoral provision about it.

If the objective were included in the Bill, arguably the Home Office’s current approach to visas for non-EEA nationals would be in breach of it. For that and other reasons, the proposed change to the Bill is eminently sensible and supportable.

[Brendan O'Hara (Argyll and Bute) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Gray.

The right hon. Member for Orkney and Shetland is right. Any of us who represent fishing communities know the devastation that can be caused when a boat is lost. Indeed, just at the start of this year in my constituency, the Nancy Glen sank off Loch Fyne with the loss of Duncan MacDougall and Przemek Krawczyk. The devastation felt is something I never want to see again. Anything that improves safety on board has to be supported.

I question the amendment in relation to wages and salary protection, but the SNP supports the principle. The Scottish Government—notably Fergus Ewing, the Cabinet Secretary—have written to industry stakeholders along those lines and spoken to the Government and officials about regularising the visa situation to ensure that non-EEA workers are subject to UK employment law. We are keen to get full implementation of ILO 188, the International Labour Organisation work in fishing convention. We have concerns that the wording of the amendment means it would not apply to the many fishermen who are self-employed, or to the significant proportion of the industry who are share fishermen, to whom such things as the national minimum wage do not apply. We need to ensure that anything in the licence works in tandem with existing law and check the exact implications of the amendment.

It is complex, so although we agree with the spirit of the amendment, particularly about safety on board, we must ensure that we get things right. If the amendment is pressed to a vote we shall support it but, if the hon. Member for Plymouth, Sutton and Devonport does not press it, we will have an opportunity to work on a proposal covering more of the industry. We could work on that together and perhaps bring it back on Report.

[George Eustice]

This issue is obviously incredibly important. Fisheries and fishing are one of the most dangerous occupations. Every year we have a fisheries debate—we have one tomorrow. Tragically, we always have to reflect on those who have lost their lives to put food on our tables. I know that there has been a tragedy linked to the constituency of the hon. Member for Plymouth, Sutton and Devonport, with the loss of the Solstice and a crew member. The report was published recently and the hon. Gentleman has had a lot of dealings with the family.

The right hon. Member for Orkney and Shetland raised an important point and told a rather depressing story about a young man who was wearing a personal flotation device for his safety and was ridiculed. That underlines an important issue. We need to try to get a culture change—a change in attitude in some sectors of the fleet—so that safety is given more prominence.

I want to return later to a couple of issues raised by the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, which are covered elsewhere in the Bill, about how we define under-10s. There are also other issues about monitoring of smaller vessels. However, first it is important to recognise that safety, as the hon. Gentleman acknowledges, is first and foremost a matter for the Department for Transport. I think I am right in saying that he, along with me and many in the industry, attended a meeting organised by the Under-Secretary of State for Transport, the hon. Member for Wealden (Ms Ghani), who has responsibility for shipping. As the hon. Gentleman is aware, she takes this very seriously. We got fisheries stakeholders together specifically to discuss what more can be done to promote safety. He highlighted important schemes, including the use of personal location devices. Quite a lot of progress has been made, too, on personal flotation devices, which are discreet and do not get in the way of fishermen’s manual work but inflate when they come in contact with water.

--- Later in debate ---

[Luke Pollard]

We want to strengthen the objectives to enhance the requirement for data collection. The UK’s seas have historically been an abundant source of food, income and employment, but at the moment they are failing to meet their full potential. Two thirds of UK stocks have been fished beyond their sustainable limits, but according to the New Economics Foundation, if catches followed scientific advice, the yield could deliver 45% higher landings and additional gross value added of approximately £150 million across the UK coast, and would support an additional 2,500 full-time equivalent jobs.

The UK’s fisheries are not being managed at their optimum economic output. Government figures show that two thirds of our main commercial fish stocks are depleted, overfished or at risk of being depleted, or their status is unknown. Only one third are currently operating at maximum sustainable yield. There was a vague reference to improving data in the White Paper, but that is also no longer in the Bill.

Labour would like to create a road map to take us to fully recorded UK fisheries over time. That makes economic sense. Sustain recently found that UK fisheries are losing out on millions of pounds of business from the catering sector in the UK alone, as buyers look abroad for sustainable fish instead of buying from the UK from fisheries that are not currently classed as sustainable. The market for sustainable seafood is growing 10 times faster than that for conventional seafood. The best markets within and outside the EU require fish products to be demonstrably sustainable, including a number of markets within the UK public sector. That includes our schools, prisons, central Government, Whitehall catering and the NHS. At present, a large amount of fish caught in the UK is not verifiably sustainable, and that is affecting access to those markets within the UK.

We heard a lot about data deficiency during the evidence sessions, and is one of the main reasons that much of the fish caught in UK waters cannot be marketed as sustainable. For fishing to be sustainable, there must be sufficient understanding of the population of the targeted species, the impact of fishing, and the status of our sea-floor ecosystems. Without that data, boats can be considered ineligible for Marine Stewardship Council certification or receive a lower rating from the Marine Conservation Society’s “Good Fish Guide”.

In January this year, the Environment Secretary said that

“we can still do more to improve the procurement of British food across the public sector.”

He was right, but there is no mention of that here. If data deficiency is one of the things holding back the sector, we believe that it should be addressed in the Bill. According to Government data, the status of three of the UK’s 15 main fish stocks is unknown. That would not be acceptable on a farm or in agriculture, and we should stop accepting it simply because it is underwater.

I am grateful that this topic is taken up in a similar amendment tabled by the right hon. Member for Orkney and Shetland. I would be grateful if the Minister told us how the current data deficiency can be remedied.

[Brendan O'Hara]

Although these are all good aspirations, and we recognise the need to continually improve our data and the need to contribute to better science, we have concerns about some of the practical aspects. For example, who will pay for the very costly technological change that is proposed? I also question whether primary legislation is really the place for determining such scientific measures.

I caution that some of the technological measures are still in their infancy or, in some cases, not yet possible. For example, as I understand it the knowledge around identification and sizing of catches has only just been developed in terms of camera technology.

Finally, is it not for the devolved Administrations of Scotland, Wales and Northern Ireland to determine how to collect data, and indeed what data is to be collected? I fear that the amendments might inadvertently cut across that devolution settlement.

[Mr Carmichael]

To pick up on that last point, my amendment is probing, albeit with a serious purpose at its root. Essentially, the problem is that for years we have had conflict between what fishermen believe is in the sea and what scientists say is in the sea on the basis of the data that they have. The data that would be produced by the full documentation of catches—which is an important principle, whichever jurisdiction we are dealing with—would be the best possible evidence. It would be in the interests of the industry, and it would certainly be in the interests of the scientific community as a whole.

For years, I have complained about the fact that the source of the conflict between the industry and the scientists is that much of the data collected is almost two years old by the time it is used for the purposes of decision making. We know the situation in the marine environment can change massively over that time. As a consequence, we have a mismatch between the scientific evidence and what fishermen believe is in the sea.

What we propose would allow for a much earlier “quick and dirty” analysis of what is in the sea, and would offer the opportunity of different fisheries management systems. At the moment, given the way in which we use science, I would be very cautious about the idea of moving to anything like a real-time closure, for example. The science, of course, is always evolving and improving, but this is not a novel process; this approach is taken in a number of other fishing jurisdictions. If reliable data is coming from the industry itself, the objectives of real-time fisheries management will be much more easily achieved.

Amendment 24, which stands in my name, is probing, but it strikes at the heart of the approach that the Government will be taking, especially in later parts of the Bill, which deal with the practical ways in which fisheries management is to be undertaken. The National Federation of Fishermen's Organisations, for example, is keen to see the creation of advisory councils.