Fisheries Bill [ Lords ] (Fifth sitting)

Brendan O'Hara Excerpts

Committee stage & Committee Debate: 5th sitting: House of Commons
Tuesday 15th September 2020 Public Bill Committees

[Victoria Prentis]

The schedule makes various changes to a number of articles in the common fisheries policy regulations. Amendments to these regulations have already been made by statutory instruments under the European Union (Withdrawal) Act 2018. However, under that Act we were unable to make changes to policy; we can make those changes only now under this Bill.

Question put and agreed to.

Schedule 10, as amended, accordingly agreed to.

Clause 48

Regulatory enforcement and data collection scheme

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

I beg to move amendment 92, in clause 48, page 31, line 21, leave out “Secretary of State” and insert “fisheries policy authorities”.

This amendment is to ensure respect for devolved competence on this issue by giving regulation making powers to appropriate fisheries policy authorities.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 93, in clause 48, page 32, line 2, after “made” insert “by the Secretary of State”.

This amendment is consequential on Amendment 92.

Amendment 94, in clause 48, page 32, line 3, at end insert—

“(3) Regulations under this section are subject to the affirmative resolution procedure.”

This amendment enables appropriate parliamentary scrutiny of the proposals by each respective Parliamentary Body and is consequential on Amendment 92.

--- Later in debate ---

[Brendan O'Hara]

As we have throughout the Committee, I am moving amendments in an attempt to make the Bill respect the devolution settlement, and recognise that fishing regulations and management are not the preserve of this place.

It is frustrating that, once again, I have to rise to make the point, particularly to those in the other place, that fishing is wholly devolved. It is not for a UK Secretary of State to ensure, in this instance, that all vessels over 10 metres in length, regardless of nationality, be fitted with remote electronic monitoring systems, such as cameras, while fishing the UK’s exclusive economic zone. As much as we, on these Benches, might agree with the good intentions of clause 48 and support them, it is important to recognise that it is the job of the relevant fishing authorities, whether they be in Wales, Northern Ireland or Scotland, to put the changes into place. It is not the job of the UK Secretary of State and therefore, in the spirit of devolution, I move amendments 92, 93 and 94.

[Victoria Prentis]

Concerns were raised on Second Reading and in the other place about a lack of progress on remote electronic monitoring, and I agree that we need to take that forward. That is why the Department for Environment, Food and Rural Affairs will be launching a call for evidence on REM for English-registered boats and for boats fishing in the English fishing zone within the next few weeks.

It is important that we continue to work with the devolved Administrations to build a robust policy that works for all parts of the UK and respects devolution settlements. I recognise that these amendments attempt to address some of the devolution issues with the clause that came from the other place, but they still tie us into a prescribed and rigid approach, where we would have no choice but to end up with a system that is not unlike the inflexible system that we used to suffer from under the common fisheries policy.

I remind the Committee that we already have the powers to mandate a roll-out of REM under clause 38(4)(h) and (q), and so do the devolved Administrations, under schedule 8. The roll-out of REM was in the SNP manifesto, so I am sure that it can happen if it is considered politically expedient. The amendment does not give us any more powers beyond those that we have already. It simply gives us less scope for innovation. We have been clear from the start that we support the principle of the clause, but we must do so in conjunction with the four nations, and bring the fishing industry along with us. I ask the hon. Member for Argyll and Bute to withdraw the amendment.

[Brendan O'Hara]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Luke Pollard]

I beg to move amendment 108, in clause 48, page 31, line 23, leave out

“the UK Exclusive Economic Zone”

and insert

“England or the English zone”.

This amendment turns the UK-wide requirements around remote electronic monitoring systems into England-only requirements.