Fisheries Bill [ Lords ] (Sixth sitting)

Brendan O'Hara Excerpts

Committee stage & Committee Debate: 6th sitting: House of Commons
Tuesday 15th September 2020 Public Bill Committees

[The Chair]

We have now seen the back of new clause 2.

New Clause 3

Sea Fish Industry Authority: powers in relation to parts of UK

‘(1) The Fisheries Act 1981 is amended as follows.

(2) In section 2(1) (duties of the Authority)—

(a) after the third “of”, insert “(amongst other things)”,

(b) delete the words “as a whole”.

(3) After section 3 (powers of the Authority), insert—

“(none) The Authority may exercise its functions separately and differently in relation to—

(a) the sea fish industry in different parts of the United Kingdom,

(b) sea fish and sea fish products landed in different parts of the United Kingdom,

(c) sea fish and sea fish products trans-shipped in different parts of the sea within British fishery limits adjacent to different parts of the United Kingdom.”.’—(Brendan O'Hara.)

The primary purpose of this new clause is to give the Sea Fish Industry Authority greater flexibility to exercise its functions separately and differently in different parts of the UK. It inserts a new clause into subsection 3, which will enable the Authority to do this.

Brought up, and read the First time.

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

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss the following:

New clause 4—Sea Fish Industry Authority: delegation of functions—

‘(1) The Fisheries Act 1981 is amended as follows.

(2) After section 3A (exercise of functions in relation to different parts of the UK etc.), insert—

“3B Delegation of functions

(1) The Authority may authorise any other person to exercise on its behalf such of its functions and to such extent as it may determine.

(2) The Authority may give to any person authorised under this section to exercise any of its functions—

(a) financial assistance (by way of loan, grant or guarantee),

(b) other assistance including assistance by way of the provision of property, staff or services, for the purposes of those functions.”

(3) The giving of authority under this section to exercise a function does not—

(a) affect the Authority’s responsibility for the exercise of the function, or

(b) prevent the Authority from exercising the function itself.”.’

This new clause inserts a new clause which will allow the Authority to authorise any other person to exercise on its behalf any of its functions to the extent determined by the Authority. It will also allow the Authority to give any such person financial and other assistance to do so.

New clause 5—Sea Fish Industry Authority: accounts and reports—

‘(1) The Fisheries Act 1981 is amended as follows.

(2) In section 11 (accounts and reports)—

(a) after subsection (2) insert—

“(2A) The statement of accounts must specify the total amount of income received in the financial year from levies imposed under section 4 in relation to sea fish or sea fish products landed in Scotland or trans-shipped within the Scottish zone.”,

(b) after subsection (7) insert—

“(7A) The report must include details of how income received from levies imposed under section 4 has been applied in the financial year in respect of each part of the United Kingdom by the Authority in exercising its functions including in particular details, in respect of each part of the United Kingdom, of how the income has been applied by the Authority in—

(a) promoting the efficiency of the sea fish industry in that part,

(b) promoting the marketing and consumption of, and the export of, sea fish and sea fish products relating to that part.”.’

This new clause is intended to ensure that the Authority reports how income received from the levies it imposes has been applied in respect of each part of the United Kingdom.

New clause 6—Sea Fish Industry Authority: plan relating to allocation of Scottish levies—

‘(1) The Fisheries Act 1981 is amended as follows.

(2) After section 11 (accounts and reports), insert—

“11A Plan relating to allocation of Scottish levies

(1) Before the start of each financial year, the Authority must—

(a) prepare a plan setting out—

(i) an estimate of the total amount of income that the Authority expects to receive during the financial year from levies imposed under section 4 in relation to sea fish or sea fish products landed in Scotland or trans-shipped within the Scottish zone (‘Scottish levies’), and

(ii) a description of how the Authority proposes to apply that income in the course of exercising its functions, and

(b) refer the plan to the committee appointed under paragraph 16(A1) of Schedule 1 (‘the Scottish committee’) for approval of the Authority’s proposal mentioned in paragraph (a)(ii).

(2) If, as a result of relevant regulations, the Authority estimates that the total amount of income that it expects to receive from Scottish levies during a financial year is greater than the total amount of income that it received from Scottish levies during the previous financial year, the Authority’s plan prepared under subsection (1) for the financial year must include a statement describing how the Authority proposes in particular to apply the additional income from Scottish levies in the course of exercising its functions.

(3) For the purposes of subsection (2)—

(a) ‘relevant regulations’, in relation to a financial year, means—

(i) regulations made by the Authority under section 4(2) during the previous financial year, and

(ii) regulations which the Authority expects to make, and to be confirmed by the Scottish Ministers, under section 4(2) during the financial year,

(b) the total amount of income received by the Authority from Scottish levies during a previous financial year is the total amount of such income as recorded in the Authority’s accounts kept under section 11(1) in respect of that year.

(4) The Authority—

(a) must publish a plan prepared under subsection (1) as soon as reasonably practicable after receiving the Scottish committee’s approval as mentioned in subsection (1)(b), and

(b) may publish the plan in such manner as it considers appropriate.

(5) The Authority must, as soon as reasonably practicable after publishing a plan under subsection (4)—

(a) send a copy of the plan to the Scottish Ministers, and

(b) lay the plan before the Scottish Parliament.

(6) The Authority must have regard to each relevant plan—

(a) in the exercise of its functions, and

(b) in particular, in authorising any other person under section 3B to exercise any of its functions on its behalf.

(7) A person who is authorised by the Authority under section 3B to exercise any of the Authority’s functions must have regard to each relevant plan in the exercise of those functions.

(8) In subsections (6) and (7), ‘relevant plan’, in relation to the exercise of a function, means—

(a) the latest plan published under subsection (4), and

(b) any earlier plan published under that subsection in so far as it contains a proposal mentioned in subsection (1)(a)(ii) (or, as the case may be, in subsection (2)) to apply income during the financial year in which the function is being exercised.”.’

The primary purpose of this new clause is to ensure the Authority sets out an annual plan that outlines how it intends to apply the levy income it expects to receive. This plan must make comparison to the levy income of the previous year and where the levy income is expected to be higher detail how the Authority proposes to apply the additional income from Scottish levies.

New clause 7—Sea Fish Industry Authority: committee for Scotland—

‘(1) The Fisheries Act 1981 is amended as follows.

(2) In schedule 1 (the Sea Fish Industry Authority), in paragraph 16—

(a) before sub-paragraph (1) insert—

“(A1) The Authority must appoint a committee for the purpose of assisting the Authority in the exercise of its functions in relation to the sea fish industry in Scotland.

(A2) The committee is to consist of or include persons who are not members of the Authority.

(A3) The Authority must consult the committee on the exercise of its functions in relation to the sea fish industry in Scotland.”,

(b) in sub-paragraph (1), before “committees” insert “other”,

(c) in sub-paragraph (2), for “such committees” substitute “committees appointed under this paragraph”.’

This new clause’s new provisions require the Authority to appoint a committee for the purpose of assisting the Authority in the exercise of its functions in relation to the sea fish industry in Scotland. They additionally require the consultation of this committee on the exercise of the Authority’s functions in relations to Scotland.

New clause 8—Sea Fish Industry Levies: powers in relation to Scotland and the Scottish Zone—

‘(1) The Fisheries Act 1981 is amended as follows.

(2) In section 4 (levies)—

(a) in subsection (2), for “Ministers” substitute “appropriate Ministerial authority”,

(b) in subsection (7), for “Ministers” substitute “appropriate Ministerial authority”,

(c) after subsection (8) insert—

“(8A) In this section, ‘appropriate Ministerial authority’ means—

(a) in relation to sea fish or sea fish products landed in Scotland or trans-shipped within the Scottish zone, the Scottish Ministers,

(b) in any other case, the Ministers.”,

(d) in subsection (9), after “order” in both places where it occurs insert “of the Ministers”,

(e) after subsection (9) insert—

“(9A) Any order of the Scottish Ministers—

(a) under subsection (2) is subject to the negative procedure,

(b) under subsection (7) is subject to the affirmative procedure.

(9B) Before laying a draft Scottish statutory instrument containing an order under subsection (7) before the Scottish Parliament, the Scottish Ministers must consult—

(a) the committee appointed under paragraph 16(A1) of Schedule 1, and

(b) such other persons as they consider appropriate.”.

(3) In section 14 (interpretation of Part 1), in the definition of “the Ministers”, in paragraph (c), after “with” insert “(except in the case of an order under section 4(2) or (7))”.

(4) In schedule 2 (Sea Fish Industry Levies)—

(a) for “Ministers” in each place where it occurs substitute “appropriate Ministerial authority”,

(b) after paragraph 3 insert—

“4 The Scottish Ministers must, before making an order confirming any regulations, consult—

(a) the committee appointed under paragraph 16(A1) of Schedule 1, and

(b) such other persons as they consider appropriate.

5 In this schedule, ‘appropriate Ministerial authority’ has the same meaning as in section 4 of this Act.”.’

The primary purpose of this new clause is to devolve, to the Scottish Ministers, the control of the Scottish aspects of levies imposed by the Authority. Currently, levies imposed by the Authority require confirmation by the relevant Ministers for England, Wales and Northern Ireland with the agreement of the Scottish Ministers. The new clause intends to ensure that levies imposed in relation to Scotland require confirmation by Scottish Ministers.

New clause 9—Sea Fish Industry Levies: definitions relating to Scotland and the Scottish Zone—

‘(1) The Fisheries Act 1981 is amended as follows.

(2) In section 14 (interpretation of Part 1), after the definition of “the Ministers” insert—

“‘Scotland’ and ‘the Scottish zone’ have the same meanings as in the Scotland Act 1998 (see section 126(1) and (2) of that Act);”.’

This new clause inserts a new clause which makes consequential new clause to section 14 (interpretation of Part 1) of the 1981 Act by inserting definitions of “Scotland” and “the Scottish zone”.

[Brendan O'Hara]

I cannot hope to compete with the excitement of new clause 2 with new clauses 3, 4, 5, 6, 7, 8 and 9, which are in my name and those of my hon. Friends the Members for Coatbridge, Chryston and Bellshill and for Edinburgh North and Leith (Deidre Brock).

The main purpose of the new clauses is to give the Sea Fish Industry Authority far greater flexibility when exercising its functions separately and differently in different jurisdictions of the United Kingdom. The long-held view of the Scottish Government and of many in the sector is that Seafish, because of how it is constituted, is not sufficiently flexible to meet the needs of the entire sector. It therefore requires radical reform.

I believe that Seafish has an intrinsic flaw in attempting to represent the entirety of the United Kingdom while operating in a policy area that is wholly devolved. In trying to represent the whole UK fishing industry, Seafish is viewed by many as providing insufficient support for the sector in Scotland, which all too often results in poorer and unsatisfactory marketing and promotion of Scottish seafood.

The main objective of this group of new clauses is to devolve control over both the funding and the executive powers of Seafish to Scottish Ministers. The new clauses would also devolve control over the Scottish aspects of the fishing levy, giving Scotland a key role in deciding how that share of the money is spent. We believe that that new model would provide much greater flexibility to Seafish and enable it to exercise functions separately and differently in different parts of the UK. The new clauses would also increase transparency in requiring Seafish to report the income of receipts from the levies it imposes and how those are applied in each part of the UK.

As I have often said, not only is fishing devolved, but there is no standardised version of fishing across the UK. With an aggregated coastline of 20,000-plus miles, the UK contains a whole host of different fishing interests and practices. From England’s south coast to the most northerly point of Shetland, the industry is multi-layered, complex, nuanced and often localised. Given that there is no single fishing industry pursuing a common, clear set of shared objectives, and no fewer than four separate and distinct national Governments looking after the industry in their respective jurisdictions, it seems absurd that we have a one-size-fits-all fishing authority charged with securing a sustainable, profitable future for all parts of the industry. How can Seafish practically offer regulatory guidance and service to the industry for catching, aquaculture, processing, importers, exporters and distributers of seafood, as well as looking after restaurants and retailers in such a complicated, differentiated and entirely devolved industry?

This Bill gives us the perfect opportunity to reform the current system and ensure that the levy is better used to promote the range and quality of Scottish seafood, both at home and abroad. If Scotland were able to take investment decisions, we would be able to support the industry properly by promoting the quality and excellence of Scottish seafood products. It would also allow us to maximise the benefits of Scottish provenance, which is vital when marketing abroad. Whether it is our salmon, oysters, scallops, langoustines, crab or whatever else, the promotion of the product as Scottish gives it added value, and its provenance is a guarantee of quality, which is exactly what our producers need.

With these new clauses, we are not seeking to undermine Seafish—far from it. We are seeking only to improve how it works and ensure it works better in the future for the huge variety of Scottish fishing industries. By supporting this change, the Government would allow Seafish to promote all of Scottish fishing, from the east to the west and the north coasts and the northern islands. We believe it would work. Right now, Seafish does not work well for Scotland, and it should. With your permission, Sir Charles, I will seek to push the new clause to a vote.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

Seafish is a UK body, and Ministers in each Administration have a shared and equal responsibility for it. These new clauses affect the interests of three other fisheries administrations, so I have corresponded with my colleagues across the devolved Administrations about them.

My colleagues in Wales and Northern Ireland and I agree that Seafish is undertaking valuable work, and do not agree with the new clauses. The current model works well, in that it has the ability to deliver or fund bespoke services in each Administration, but in many cases it delivers UK-wide work. That is partly because of efficiencies of scale, but also because the supply chains across the UK are similar and have similar challenges and opportunities. A particular concern is that the new clauses do not consider the impact that the changes would have in each region on the viability of Seafish, given the additional and costly burdens they would add. I am not convinced of the need to legislate on all these matters.

It is open to all the fisheries administrations to consider how Seafish serves us across the UK and across the UK industries, but I feel that the new clauses pre-empt the findings of the reviews that we are about to undertake. I therefore ask the hon. Member for Argyll and Bute to withdraw them.

[The Chair]

Mr O’Hara, do you have anything to add?

[Brendan O'Hara]

Not specifically, but I seek to press the new clause to a Division.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Stephanie Peacock]

I beg to move, That the clause be read a Second time.

New clause 20 addresses the impact of covid-19 on the fishing industry. The coronavirus pandemic has clearly caused immense disruption across different sectors of our economy, but the fishing industry has been affected by a particular set of challenges. They include a significant hit to demand for fish in key domestic and overseas markets, with the closure of the restaurant sector and many supermarket fresh fish counters during lockdown; the challenge of getting fish to market; a collapse in prices, with falls of as much as 85%; and disruption to supply chains.

Alongside those challenges, many fishers have faced labour shortages caused in part by overseas workers leaving the UK. Many small fishers were unable to adapt to these challenges, as throughout the lockdown period their quota allocation and the fish they catch remained unchanged. All of that has been exacerbated by what happened earlier this year, when many boats were grounded by storms and high winds.

The difficulties are well known to the Government. On 24 April, the Select Committee on Environment, Food and Rural Affairs heard from experts in the fishing industry, who highlighted some of the challenges. We have broadly welcomed the Government’s economic support measures during the pandemic. However, in many cases, the measures have not addressed the particular challenges faced by the fishing industry, where smaller businesses often have very tight profit margins, continually reinvesting in their businesses and vessels. As Barrie Deas, chief executive of the National Federation of Fishermen’s Associations, said, “broad brush” Government support left many smaller fishing businesses struggling.

The Government’s £10 million fund for England’s fishing and aquaculture sectors came too late, while the bounce back loan scheme, capped at £50,000, did not cover fixed costs, from maintaining boats to funding berths for charter boats in marinas and ports, which were necessary to ensure the long-term viability of businesses when they were not operating during lockdown. Cash-flow problems and ongoing costs have impacted not only fishers, but fish processing businesses and ports, with the British Ports Association finding that only 36% of UK ports are confident about their business outlook over the next 12 months.

The Government have made support for the fishing industry one of the key elements of their programme, and that has taken on even greater importance in the context of coronavirus. The new clause presents an opportunity to provide greater certainty for an important industry in uncertain times. It would require the Secretary of State to lay before the House a review of the impact of coronavirus and the coronavirus disease on the fishing industry within six months of Royal Assent.

[Brendan O'Hara]

Once again, I rise to speak about devolution, of which the new clause betrays a lack of understanding. There are four Governments, four Parliaments and four countries of the UK who are taking what steps they think best to tackle the coronavirus and to mitigate the economic damage from it, including in the fishing industry. Again, we have a new clause that thinks it appropriate to ask the person in charge of English fishing to make a report on the economic wellbeing or otherwise of the fishing industries in Wales, Scotland and Northern Ireland. I just make the helpful suggestion to the hon. Lady that the Labour party should consider the impact on the devolved Administrations when it puts amendments together.

[Stephanie Peacock]

I take the hon. Gentleman’s point. If the Government are willing to accept the new clause, it might be an area that can be improved om, but the point is to try to give greater certainty and greater information to the sector as it struggles to deal with the coronavirus pandemic. Under the terms of the new clause, the report would assess and address the effects of coronavirus on the fishing industry workforce and on the supply availability of fisheries products. The new clause places no obligation on the Government to adopt any particular approach to supporting the fishing industry through these difficult times. It simply requires the Secretary of State to report to the House on the challenges that the industry faces as a result of the pandemic.

I hope the Minister will agree that the covid-19 pandemic has placed a great strain on our UK fishing industry. I hope she will support our new clause to ensure that the Government commit to monitoring the impact of covid-19 on small and big fishers across the country.

The Government need to answer key questions. What measures, if any, will they take to provide more sector-specific support to the fishing industry? What actions will they take to support jobs in coastal communities impacted by covid-19? How will they support British ports? What will the Government do to ensure that more fish caught in UK waters are landed in UK ports, providing important foods to communities hard hit by covid-19? Those are important questions. We hope that work to address those issues will take place in any case, but I am sure the House, the fishing industry and the public would appreciate its being as transparent as possible.

Given the difficulties that the coronavirus pandemic has caused for the fishing industry, if the Government are to oppose the new clause, will the Minister clarify how they will assess the impact of the pandemic and provide support for the industry? What mechanisms will they adopt to ensure that the House, the industry and the public are updated on this work?

--- Later in debate ---

[Victoria Prentis]

Well, we have had kind words from the hon. Member for Barnsley East, and it has been a pleasure to debate this excellent Bill with her. It gives me enormous pleasure to move it to the next stage. It sets out how we will move forward to promote sustainable fishing as we become an independent coastal state at the end of this year.

To that end, I would like to thank you, Sir Charles, and the other Chairman. I would very much like to thank the Clerk, who has managed extremely well. That is very difficult without the normal Box arrangements and without any back-up for the Clerk. I appreciate everything that he has done for us. I thank those on the Opposition Front Bench. I thank particularly all the Committee members, who have not done other things that they wished to do, because they were so determined to give this Bill their full consideration. I thank the Whips, who are both here, and who have kept us in order.

I particularly thank my private office and the Fisheries Bill team for their great work on the Bill. The Bill passes to its next stage in top-notch form, and I look forward to its becoming law very shortly.

[Brendan O’Hara]

May I add my thanks to you, Sir Charles, and to Mr McCabe for chairing these sittings? I also add my thanks to the Clerk of the Committee for keeping us all on track in what were sometimes very tricky situations. I am sure I am not alone in hating a double negative, and trying to vote accordingly, so I thank him.

The Minister and I did not agree on much, but she was courteous throughout, and there is no doubt that she is across her brief; I thank her for that. I thank all Members on both sides of the Committee for the way the debate was conducted: it was co-operative and constructive; no one can doubt that it was speedy; and we conducted the business successfully. I said in my opening contribution, which feels as if it was many moons ago, that it was like getting a band back together. I trust that, like Sinatra, this will be the last time we do it.

[The Chair]

Last but not least, Mr Pollard.