Fisheries Bill (Tenth sitting)

David Duguid Excerpts

Monday 17th December 2018 Public Bill Committees

[Mr Carmichael]

Briefly, I support the amendment of the hon. Member for Plymouth, Sutton and Devonport in letter and spirit. This is not a new problem—it is not something that we would lay at the door of the current Government or any particular Government. The situation has been developing and getting gradually worse for years and years. The problem probably goes into much of what young people are told in schools: they see fishing as a dangerous occupation, requiring long hours at sea and long days’ work in difficult circumstances, and they are generally discouraged from it. It will take a long time to turn that around and get back to the stage where fishing communities produce young men who want to go into the fishing industry.

[David Duguid (Banff and Buchan) (Con)]

Does the right hon. Gentleman agree that there is no an overnight solution? We cannot just go to the local jobcentre and get a bunch of unemployed people; as the shadow Minister said, fishing is not an unskilled job. Does the right hon. Gentleman agree with the chief executive of the Scottish White Fish Producers Association that it could take up to 10 years at least to get to a point where we are no longer dependent on foreign labour?

[Mr Carmichael]

That is almost certainly going to be the case, but it is effectively a guess, because none of us really knows. It took us a long time to get to this point, and the only thing that is certain is that it will take a long time to get from here. The length of time it takes will be determined by the effort that both the industry and the Government are prepared to put in to turning the situation around. That is why a strategy such as this, led by the Government but with proper buy-in from the industry, will be crucial.

It may well be that as the industry develops, people will of their own volition see it as a more attractive proposition for the future, but that is certainly not the case now. I am open to argument as to whether it is necessary to have this issue in the Bill, but I want to see some movement on it, because as the hon. Member for Plymouth, Sutton and Devonport said at the end of his speech moving the amendment, we are in a quite dreadful situation at the moment, where fishing boats in parts of Scotland remain tied up because they cannot get the crew. We know that there are crew out there willing to work here, but they are unable to come here and we do not have the home-grown crew to put on those boats.

[David Duguid]

As the shadow Minister noted, as we leave the EU we will no longer have freedom of movement, but is it not the case, certainly in Scotland, that the vast majority of the foreign workers that the fishing industry is dependent on comes from outside the European economic area?

[Mr Carmichael]

It is very much the case. I think principally they are Filipinos, but there are some Ghanaians and people from other seafaring countries, and generally their contribution is very well regarded. I am constantly getting emails from skippers who are asking for a visa renewal for this or that individual. We are now in a bizarre situation where the only way we can get non-EEA nationals on to a boat is for them to have a transit visa—that is, they effectively come in as merchant seamen, which then requires the boats to operate outside territorial waters.

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[Luke Pollard]

Earlier in the Committee’s deliberations, we considered whether the Bill needed more flexibility when it came to the commencement debate. It is noticeable that with amendment 1, which accompanies the amendment in the name of the right hon. Gentleman, my neighbours from south-east and north Cornwall, whose constituencies are close to the Minister’s, have tabled a similar amendment about the commencement date.

I share fishers’ concern about the upcoming betrayal. It is no secret that I fear that people above the fisheries Minister’s pay grade—the Environment Secretary, the Prime Minister and others—will be looking to betray fishing in the future negotiations. The idea of having a solid date for leaving the EU common fisheries policy is appealing to fishing and to people who do not disbelieve Ministers’ words but have concerns about whether it can be delivered, given the strong and firm negotiating position of some of our EU friends in relation to this.

The key thing that the Opposition want to highlight is that the industry has every right to be concerned about our departure from the common fisheries policy. It was made promises about departing the CFP in relation to the transition, and they were repeated week in, week out up until a week before the Government’s U-turn on that position. It has every right to be cautious and sceptical about the Government’s promises. The Government have seen fit to amend the Bill to require an improvement to our position in relation to relative stability in any future negotiations. Surely the same principle should apply to this area, and the Minister should want to attach a date to our exit from the CFP.

I want to ask a similar question to the one I asked about the Minister’s earlier amendment. Will this be subject to primary legislation, or are there any Secret Squirrel or Henry VIII powers up the Minister’s sleeve that will enable this to be adjusted in the event—or the inevitability—that article 50 is extended and the future of fishing within the CFP is betrayed?

[David Duguid]

It is a pleasure to serve under your chairmanship, Mr Hanson. Amendment 1 is a probing amendment relating to a concern raised by several hon. Members—[Interruption.] Give me a second to finish my first paragraph, and then I will give way to the hon. Member for Kilmarnock and Loudoun.

The concern has been raised by hon. Members including those who tabled the amendment—my hon. Friends the Members for South East Cornwall (Mrs Murray) and for North Cornwall (Scott Mann)—the right hon. Member for Orkney and Shetland and the shadow Minister. I do not know whether this will reassure Opposition Members. I am sure the Minister will forgive me for reiterating this concern, which I have raised relentlessly, not just with him but with Ministers and Cabinet members above his pay grade, and I will continue to do so.

[Alan Brown]

I was just chuntering from the sidelines. The hon. Gentleman said that this is a probing amendment. Does that mean that he is not deadly serious about it and is not willing to press it to a vote?

[David Duguid]

I have heard comments from the Minister that reassure me to some extent, but as the hon. Gentleman knows other things are afoot that make it very difficult to pass this amendment right now. I will comment further on Report.

This concern is shared not just by hon. Members but by the industry as a whole through representations from organisations including, but not limited to, the Scottish Fishermen’s Federation and the Scottish White Fish Producers Association. The amendment addresses the timing of when we extricate ourselves from the influence of the common fisheries policy. Of course, we actually leave the common fisheries policy when we leave the EU. That is always what was promised, but because of the implementation period we will find ourselves under the influence of the CFP.

The Minister will be aware that, along with hon. Members from other coastal constituencies, I made representations, initially proposed by the Scottish Fishermen’s Federation, at the start of the year that the impact of any transition period on fisheries should extend only nine months from Brexit date—to the end of 2019. In March this year, the intention to have a 21-month implementation period was announced. Given that this was an additional 12 months over what was proposed as a compromise, it was greeted with disappointment in fishing communities. However, it has been understood and broadly accepted on the basis that the final prize of being out of the CFP and being an independent coastal state was still very much in play, and that the EU itself would not accept fisheries being cherry-picked out of the implementation period. I leave aside for the purpose of this discussion the EU’s subsequent attempts to do that very thing—to cherry-pick fisheries and other aspects of the withdrawal agreement and the political declaration. That is for another discussion.

The industry was encouraged by and supportive of the White Paper, in no small part due to the repeated mentions of December 2020 as the moment we would take our place as an independent coastal state. However, that date is not reflected in the Bill. Amendment 1 seeks to put that date in the Bill, or at least to secure an assurance, which I invite the Minister to provide, that our exit from the influence of the CFP will be time-limited.

[Alan Brown]

The hon. Gentleman said that amendment 1 was a probing amendment and that this was not quite the right time to put the date in statute. When will be the right time? What will have changed by the time we get to Report to make such an amendment the right one?

[David Duguid]

I am looking forward to the Minister’s response to the amendment. As the hon. Gentleman and the rest of the Committee know, a lot is happening—or not happening—at the moment, so we need to see what comes out of the next few weeks. I would be grateful if the Minister provided whatever assurance he can at this stage about how the Government will ensure that the CFP no longer applies to our fishermen beyond December 2020.

[George Eustice]

Both amendments seek to achieve the same purpose, which is effectively to make it harder to extend the implementation period beyond December 2020, as currently provided for in the withdrawal agreement. Underlying the amendments is the clear sentiment in the fishing industry, on which I think there is almost cross-party consensus, that we cannot get out of the EU fast enough. The common fisheries policy has been a disaster—we do not get a fair share of stocks—so it is entirely understandable that the fishing industry and others would like us to become an independent coastal state with our own seat at the table, negotiating our own fisheries resources and getting a fairer share of the total allowable catch, as soon as possible.

We currently envisage the implementation period running until the end of 2020. As we discussed earlier, in the event that we are unable to conclude a future partnership with the EU during that implementation period, and that that is apparent by July 2020, the Government will have a choice of one of two options. If we have made good progress and are close to getting a new agreement in place, there will be an opportunity to extend the implementation period. That might be for just a few months to ensure that things can be put in place. If, however, the Government judged that the prospects of getting a future partnership were low—or the prospects of getting one in the foreseeable future were low—they could opt to embrace the so-called Northern Ireland protocol backstop.

--- Later in debate ---

[George Eustice]

Clauses 39 to 43 will come into force on the day on which the Act is passed. Those are the later parts of the Bill. As we have discussed today, most of the Bill’s provisions will come into force on such a day as the Secretary of State may make them by regulations. Different days may be appointed for different purposes. Hon. Members will understand that the Bill contains a broad range of purposes. That is why we believe it is important to have that flexibility to commence different parts of the Bill at different times.

[David Duguid]

Before the Minister finishes, I want to take the opportunity to thank the right hon. Member for Orkney and Shetland for tempting me with the opportunity to do what might have seemed a slick and easy solution to the issue that we discussed at some length. As the Minister has already said, there is a lot going on just now. I will not let this go—

[The Chair]

Order. We cannot revisit amendments that we have completed and voted on.