Fisheries Bill (Tenth_PART2 sitting)

Debate between Brendan O'Hara and George Eustice

Committee Debate: 10th sitting (part 2): House of Commons
Monday 17th December 2018 Public Bill Committees

[George Eustice]

I can indeed confirm that we have developed the new clause in conversation with the Welsh Government. It was a specific request that they made after the Bill had been published and as it approached Second Reading, and we needed to go through the Government write-round process to get agreement to make the change. Obviously, there was earlier legislation as recently as two years ago in which Executive competence was given to the Welsh Government. At that point, they did not ask for legislative competence; I think everybody can agree that that was probably an oversight at the time and it is now important that they have that legislative competence. I can reassure the hon. Gentleman that this amendment, as drafted, enables the Welsh Government to have the legislative competence that they seek, that it has been developed in discussion with them and that it therefore addresses their concerns in that regard.

Question put and agreed to.

New clause 5 accordingly read a Second time, and added to the Bill.

New Clause 22

Fisheries agreement between the UK and the EU

“(1) This section applies if—

(a) the United Kingdom and the EU enter into a withdrawal agreement, and

(b) pursuant to that agreement, the Secretary of State enters into negotiations with the EU, on behalf of the United Kingdom, for an agreement about the management of shared stocks (a ‘fisheries agreement’).

(2) The Secretary of State must pursue the following two objectives when negotiating a fisheries agreement.

(3) The first objective is that the agreement should provide for annual negotiations to determine fishing opportunities.

(4) The second objective is that the agreement should have the effect that Union fishing boats are not granted access to UK waters in any year unless the fishing opportunities for that year that are available for distribution by the United Kingdom are (looked at in the round) greater than those that would have been so available under relative stability.

(5) The reference in subsection (4) to the fishing opportunities for any year that would have been available for distribution by the United Kingdom “under relative stability” is to the fishing opportunities that would, in the opinion of the Secretary of State, have been so available for that year under the common fisheries policy, were the United Kingdom still a member of the EU.

(6) In this section—

‘exclusive economic zone’ has the meaning given by Part 5 of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941);

“fishing opportunities” means—

(a) the maximum quantities of shared stocks of particular descriptions that may be caught annually in particular areas within UK and Union waters, and

(b) the maximum number of days that fishing boats may spend at sea annually, in particular areas within UK and Union waters, fishing for particular descriptions of shared stocks;

‘shared stocks’ means stocks of sea fish which are found—

(a) in waters within the exclusive economic zone of the United Kingdom, and

(b) in waters within the exclusive economic zone of a member State;

‘UK waters’ means waters within British fishery limits;

‘Union fishing boat’ means a fishing vessel flying the flag of a member State and registered in the EU;

‘Union waters’ has the meaning given by Article 4 of the Common Fisheries Policy Regulation;

‘withdrawal agreement’ means an agreement setting out the arrangements for the withdrawal of the United Kingdom from the EU in the terms (or essentially in the terms) endorsed by the meeting of the European Council held on 25 November 2018.”—(George Eustice.)

This new clause would require the Government, when negotiating an agreement with the EU about fisheries, to pursue the objectives that fishing opportunities should be subject to annual negotiation, and that the UK should receive more fishing opportunities than it does under the common fisheries policy.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

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

“(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—

“3A Exercise of functions in relation to different parts of the UK etc.

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.

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.”.

(4) In section 11 (accounts and reports), 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.”.

(5) 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”.”—(Brendan O'Hara.)

This new clause would give the Sea Fish Industry Authority greater flexibility to exercise its functions separately and differently in different parts of the UK. It would also require Seafish to report how income received from the levies it imposes has been applied in respect of each part of the United Kingdom.

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.

It is a pleasure to serve under your chairmanship, Mr Gray. I rise to speak to new clause 1, which has been tabled in my name and in those of my hon. Friends the Members for Kilmarnock and Loudoun and for Edinburgh North and Leith (Deidre Brock).

It has been a long-held view of the Scottish Government, and, indeed, of many in the sector, that Seafish, because of the way it is currently constituted, is not sufficiently flexible to meet the needs of the entire sector and requires radical reform. Many have made the case that there is an inherent flaw in Seafish attempting to represent all of the UK while operating in an area in which policy is devolved. In trying to represent the whole of the UK fishing industry, Seafish is viewed by many as providing insufficient support to the sector in Scotland, which all too often results in the poor or unsatisfactory marketing and promotion of Scottish seafood.

The main objective of the new clause is to devolve both the control over funding and the Executive powers of Seafish to Scottish Ministers. It would also devolve control of the Scottish aspects of the fishing levy, giving Scotland a key role in deciding how the Scottish share of the fishing levy should be spent. We believe that this new model will provide much greater flexibility for Seafish to exercise its functions separately and differently in the different parts of the UK. The new clause would also require Seafish to report the income it receives from the levies it imposes and how those are applied in each part of the United Kingdom.

As I have often said in Committee, not only is fishing devolved but there is absolutely no standardised version of the fishing industry across the UK. From Truro to Thurso and beyond, it is multi-layered, complex and nuanced, and is often very localised. Given that there is no one single fishing industry pursuing a common set of clear, shared objectives, it is surely ludicrous that we still have a one-size-fits-all fishing authority charged with securing a sustainable, profitable future for all parts of the seafood industry. How can Seafish practically offer regulatory guidance and service to the industry—including catching, aquaculture, processors, importers, exporters and distributors of seafood—as well as looking after restaurants and retailers in such a complicated and differentiated industry?

This is not an attack on Seafish or the people who work there. Rather, it is recognising that, with an aggregated coastline of almost 20,000 miles containing a host of different fishing practices and interests, it is in an almost impossible situation in trying to work in the best interests of everyone.

Fisheries Bill (Eighth sitting)

Debate between Brendan O'Hara and George Eustice

Thursday 13th December 2018 Public Bill Committees

[George Eustice]

Briefly, clause 18 sets out in legislation the power of the Secretary of State to determine the UK�s fishing opportunities. He can do that by setting out the maximum quantity of sea fish that may be caught by British fishing boats and of days that British fishing boats may spend at sea in a calendar year. The effect of clause 18 is that the Secretary of State can ensure that the UK complies with its obligations to determine fishing opportunities, in line with international agreements.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Clause 19

Duties relating to a determination of fishing opportunities

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

I beg to move amendment 2, in clause�19,�page�10,�line�38,�at end insert�

�(A1) A determination under section 18 may not be made or withdrawn without the consent of the Scottish Ministers.�

--- Later in debate ---

[George Eustice]

The purpose of clause 19 is to establish a requirement for the Secretary of State to consult the devolved Administrations. As other hon. Members have pointed out, this matter and the powers outlined in clause 18 are incontrovertibly a reserved UK matter. The amendment would undermine the power of the UK to determine UK resources for the purposes of international law, and relates directly to a UK function.

Where the UK is subject to an international obligation to achieve a result by reference to a fixed quantity for the UK as a whole, the UK Government are responsible for determining how that is achieved. In this case, the responsibility will fall on the UK, under the UN convention on the law of the sea, after we leave the EU.

Compliance with or implementation of international obligations is devolved, but determining UK fishing opportunities is not a function that is exercisable separately in or as regards Scotland or any other part of the UK. It is not within devolved competence to determine, or to block the UK Government from determining, fishing opportunities for the UK as a whole.

Clause 18(2) explicitly sets out:

�A determination under subsection (1) may be made only for the purpose of complying with an international obligation of the United Kingdom to determine the fishing opportunities of the United Kingdom.�

It makes crystal clear the scope of clause 18. It cannot relate to any devolved matter at all; it can relate only to matters relating to the UK�s compliance with international obligations. It would therefore not be appropriate to seek consent from any devolved Administration when determining fishing opportunities. In clause 19, we set out something that we think is reasonable: a requirement to consult.

[Brendan O'Hara]

I thank the Minister for his reply. As I said on day one, the Scottish Government and Scottish Government officials have worked very closely with him and his officials�for which we are very grateful�and this was one of the few major sticking points. I am disappointed that we do not appear to be able to take this further, but I reiterate that we believe that the amendment is entirely in line with the Scotland Act 1998, and I will therefore press it to a vote.

I am disappointed but not at all surprised by the contribution of the hon. Member for Glasgow North East. Members of the Scottish National party are here at least to defend the devolution settlement, which makes it perfectly clear that if a matter is not reserved, it is devolved. As my hon. Friend the Member for Kilmarnock and Loudoun said, the powers that come back from Europe should go to the relevant devolved authority. In this case, I believe it should be the Scottish Parliament. That is why a legislative consent motion should be sought, rather than simply consultation.

UK Fishing Industry

Debate between Brendan O'Hara and George Eustice

Wednesday 12th December 2018 Westminster Hall

[Brendan O'Hara]

Will the Minister take from this debate our strength of feeling? When he speaks to his ministerial colleagues, will he advocate on behalf of those of us who desperately need this law changed?

[George Eustice]

As I said, I undertake to talk to my ministerial colleagues about that.

The hon. Member for Great Grimsby made the important point that, although we are leaving the European Union, we will still have annual fisheries negotiations with all our neighbours, just as Norway, Iceland and the Faroes do now. We will want to maintain good relations, and will rejoin the regional fisheries management organisations as an independent coastal state. I know that trade is very important for her constituency, but there is often a misunderstanding here. Although Iceland and Norway are in the EEA, the EEA agreement itself does not cover fisheries trade. Fisheries is outside the EEA trade agreement, but there are a number of separate preferential free trade agreements and what are called autonomous tariff rate quotas to allow tariff-free fish from Iceland and Norway, and even from the Barents sea and places such as Russia, to enter the UK. We are confident that we will be able to roll those preferential trade agreements forward.

My hon. Friend the Member for St Ives (Derek Thomas) raised the important issue of bass. We have led the discussions on it for a number of years. Last year, we argued against the overly restrictive bycatch provision for trawlers, and for some provision for the recreational sector. We believe that the science has moved our way on that, and we will be arguing that again. The idea of an advisory committee is interesting. We already work with the Cornish Fish Producers Organisation, and we are looking at whether we can involve the inshore fisheries and conservation authorities in some of our thinking ahead of the December Council.

Finally, the right hon. Member for Orkney and Shetland (Mr Carmichael) raised the issue of the EU-Faroes deal. I can tell him that when we leave the EU, it will be a UK-Faroes deal, and we will not have the problem of British interests being traded away for other EU countries’ interests.

Question put and agreed to.

Resolved,

That this House has considered the UK fishing industry.

Fisheries Bill (Fifth sitting)

Debate between Brendan O'Hara and George Eustice

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

[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.

Fisheries Bill (Fourth sitting)

Debate between Brendan O'Hara and George Eustice

Thursday 6th December 2018 Public Bill Committees

[George Eustice]

Q I want to come back to something that Elaine Whyte said earlier about the concern that there might be different rules for different parts of the fleet, with Northern Ireland having access to west of Scotland waters, for instance. Could you explain a bit more what your concern is? Obviously, the Bill is trying to resolve quite a difficult tension, which is that fisheries is a devolved matter, yet it is also highly affected by international negotiations, which are reserved. The way it does that is by giving each Administration the ability, through clause 10, to have licence conditions, but then separate to that, in clause 31 and schedule 6, it gives the Administrations the ability to set their own technical conservation measures, so if they wanted to have a closure, for instance, that would apply to everyone, whether or not it was on the vessel licence. There are two means of doing it, and I think the Bill squares that rather difficult circle through that means.

Elaine Whyte: It potentially does, but it does not square the tariff issue, so that is something that we would still have a concern about. Some of our members have mentioned the issue of nomadic rights, and of course we understand that, but we always think that there should be some link to the coastal communities around about. They should not be disadvantaged by lack of access to their own stocks, in a sense, as well. That is important to us domestically as well as between different countries and the UK.

[Brendan O’Hara]

Q Mr Grant said, and I think we would all agree, that we hope to see young men and women from throughout Scotland going into a revived indigenous fishing industry, but we need to have an industry there for them to go into. How do we bridge that gap? Who will crew the boats and the fish processing plants while we wait for that throughput? Given the geography of the west of Scotland in particular, the inshore fishing fleet is now at a critical point, is it not?

Elaine Whyte: Yes, it is. We have some boats that are about 60 years old, which is not right, so we have to look at how we can help our infrastructure. There are ways to do that. The Western Isles had a very good boat-building scheme, which was very low-risk and allowed people to come in. We need to start building up those facilities along the coast. I would say that we need that not just on the west coast but all around the coast.