Fisheries Bill

Deidre Brock Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Wednesday 21st November 2018 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I would like to start with a couple of points that arose from listening to the Secretary of State’s speech. First, he claimed that the SNP has not opposed the CFP and, in fact, wanted the UK to remain in the CFP. He clearly does not recall the Fisheries Jurisdiction Bill 2004, promoted by then Member Alex Salmond and signed by the right hon. Members for Orkney and Shetland (Mr Carmichael) and for Belfast North (Nigel Dodds) and some Tory and Labour MPs.

[Stewart Hosie]

For the avoidance of doubt, that was a Bill designed to see the UK leave the CFP, in the name of the right hon. Alex Salmond, the right hon. Member for Orkney and Shetland (Mr Carmichael), the right hon. Member for Belfast North (Nigel Dodds), the late Eddie McGrady, Elfyn Llwyd and Tory and Labour MPs. Does that not rather make a mockery of what the Secretary of State said earlier and show what a tenuous grasp of reality he has?

[Deidre Brock]

It certainly points to some short memories in this place.

Secondly, in March, the Secretary of State said that the Government had accepted a sub-optimal outcome for fishing in the Brexit negotiations. Will he tell us whether he still thinks that is so, and whether that view is reflected in the Bill? I look forward to that being addressed in the Minister’s closing words.

[Douglas Ross (Moray) (Con)]

Could the hon. Lady give us a history lesson about what a former Member of this House did? Does she agree with me that my predecessor as the Member of Parliament for Moray, in the most recent general election campaign—[Interruption.] I notice she is getting a whisper from the hon. Member for Dundee East (Stewart Hosie). In the general election campaign last year, when asked umpteen times on the BBC whether the Scottish National party would agree to go back into the CFP if Scotland became independent and wanted to get back into the EU, my predecessor said yes. The party’s sole aim is to go back into the CFP.

[Deidre Brock]

On our terms, of course. That is the point the hon. Gentleman is leaving out.

If we are looking for a history lesson, let us remind ourselves about the Tories, who have been selling out Scottish fishing for nearly half a century. Under Ted Heath in the 1970s, fisheries were considered expendable. In the 1980s under Margaret Thatcher, the UK Government signed us up to the original doomed common fisheries policy, which consigned our fishermen to decades of mismanagement. John Major’s Tories signed up to a revised common fisheries policy in the 1990s, which scrapped vessels and destroyed livelihoods. In the 21st century, the Tories were attempting to enshrine the common fisheries policy in European treaties, while the SNP was trying to return controls to the fishing nations. Let us not forget that, very recently, Ruth Davidson was reported in The Times as calling fisheries a red line issue, and a Scottish Tory source was quoted as saying:

“We won a lot of votes in the northeast on the back of our stance on fishing and wouldn’t be able to show our faces in Banff and Buchan if we renege on this one.”

[Pete Wishart]

Does my hon. Friend not agree with me that the Scottish Tory MPs have made 20-gallon galoots of themselves with their resigning/non-resigning nonsense? I do not know if she knows exactly where they are just now, but are they going to be in or oot when all this has concluded?

[Deidre Brock]

I am as baffled as my hon. Friend on that particular issue; that is for sure.

Returning to my speech, I think the context of this Bill has changed somewhat as a result of the withdrawal agreement. Some of the content of that agreement makes some of the apparent intent of the Bill a little more difficult to deliver and more dependent on negotiation and agreement with the 27 remaining members of the EU.

Having said that, let me pay tribute to the EFRA Secretary for staying the course and being determined to see things through to their conclusion. That seems to be a principle or a staying power that is somewhat lacking in his colleagues—erstwhile colleagues, I should say. They may have fallen by the wayside, weary of the march, but he carries on indefatigably. I understand that his father, as he mentioned, was involved in the onshore side of the industry, so he certainly comes to the Bill with some knowledge, but with a rather poor recall of facts if the newspapers are to be believed.

I acknowledge that the Secretary of State comes to the table with a backstory—if not a backstop—but that does not mean that he necessarily comes with the solutions the industry needs. The withdrawal agreement that was greeted with such delight by Government Members keeps our fishing industry in the common fisheries policy for a further two years after Brexit day, although of course our lack of membership means that the EU will decide the rules, while we have no say in them, no say in how they should be implemented and no voice in the discussions about whether the CFP is meeting its policy objectives.

[Stephen Gethins (North East Fife) (SNP)]

My hon. Friend makes an excellent point. Obviously, the SNP has persistently voted against the common fisheries policy in the European Parliament, as the records show, as well as in this Parliament. My other point is: has the Secretary of State given her any reassurances about the customs union, which is critical for this excellent produce to get to its markets on the European continent?

[Deidre Brock]

Absolutely not, no. My hon. Friend makes an excellent point. I hope he has jogged the Secretary of State’s memory a little with his first point.

[Mr Charles Walker]

May I mount a bit of shameless lobbying? To tackle illegal lobster potting, the Scottish Government have put a limit on recreational lobster fishermen, such as myself, of one lobster landing a day on the west coast of Scotland. As the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), who represents Barra, will know, it is often very difficult to get your boat out more than once every four or five days. Will the hon. Lady ask the Scottish Government whether, instead of putting on a limit of one lobster a day, they will look at a limit on the number of pots a recreational fisherman can have—say, five or six—beyond which they would need to get a licence?

[Deidre Brock]

I thank the hon. Gentleman for his intervention. I am certain that the Scottish Government will be closely following the debate and that they will make a note of his request.

If the steady stream of Ministers heading for the exit delays negotiations on the future relationship between the UK and the EU, we could find ourselves in an extended period where our fishing industry just complies with the rules, rather than having someone in the room standing up for it. Mr Barnier has already suggested that it will last for at least two years, which could be an underestimate if we consider how long it took to reach the much simpler withdrawal agreement.

We may have to suffer the CFP for quite a few years to come and it may change to the advantage of the remaining members of the EU, and not to ours. We may lose markets to sell fish into, or at the very least, find that our competitive advantage disappears because we will be subject to the same tariffs as other non-member states. I hope they will be the same tariffs, but going by the poor negotiation results that we have seen so far, we may end up with higher tariffs that reduce our fleet’s traditional competitive advantage.

It will not come to that, of course, because the new fishing deal has already been written into the withdrawal agreement by the departing Brexit Secretary. On page 4, the political declaration tells us that he has agreed to a new fisheries agreement with access to UK waters and assigned quota shares being

“in place in time to be used for determining fishing opportunities for the first year after the transition period.”

That means the common fisheries policy will carry on regulating our fishing fleets after we have left the EU. Taking back control has never sounded so hollow.

It is a sad state of affairs for this Secretary of State to have to deliver that news, because in March he said that he feels a

“debt to fishing communities who are looking to government to deliver a better deal for them”

and promised that he would ensure that our

“fishermen’s interests are properly safeguarded”

during the implementation period. That period starts on 29 March and lasts for an indeterminate amount of time, during which access to some important markets might be limited. France, for example, is the UK’s most important export market for fish. It is nearly twice as lucrative in cash terms as the US, and almost three times as strong in export volumes. Spain, by the way, is just behind the US in cash terms and slightly ahead in volume. Ireland, Italy, the Netherlands and Germany are all significant customers for our fishing fleets. Two thirds of our fleet’s fish is exported—perhaps a case of EU citizens jumping the queue to buy fish.

Once the deals are done and we finally leave the CFP, however, we will still be in it. It is a conjuror’s trick, and not a good one. Last year, the Secretary of State spoke to leaders of the Danish industry and guaranteed them continued access to our waters after Brexit. Earlier this year, the UK embassy in Spain reassured Spanish trawlers that their access to UK waters was assured. The withdrawal agreement replaces common decision-making on the CFP as a member of the EU with CFP rules handed down from Brussels and no input from Ministers from these isles on behalf of the industry here. Well done to the Brexiteers—they certainly landed a whopper there.

The Norwegians sometimes describe their relationship with the EU as a “fax democracy”, because the rules just come down the line from Brussels. That seems to be what removing ourselves from the EU will do, except, of course, that the European maritime and fisheries fund money will vanish. We have heard nothing about what might replace that in due course.

We will be left to accept the rules that are handed down; we will lose access to the decision-making body and the funding from the EU; and we will have to deal with the consequences of the Government’s poor negotiation techniques and the uniquely weak position that they have left us in. When the Minister for Agriculture, Fisheries and Food gave evidence to the House of Lords EU Energy and Environment Sub-Committee 26 months ago, he said that

“we have to recognise historic rights…In some sectors, for instance on scallops, access to the French part of the channel is quite important to the UK industry. I accept there are trade-offs. All these things will be a matter for negotiation in a new world.”

During the referendum campaign, the Secretary of State for Scotland said:

“I think the fishermen are wrong in the sense there is no way we would just go back to Scotland or Britain controlling British waters. There are a whole host of international rules and agreements even if we were outside the EU which would impact on their activities.”

Then of course there is the same problem agriculture has in relation to workforce planning. We will lose access to EU workers, who make up 58% of Scotland’s fish processing workforce and 70% in Grampian, where the Secretary of State’s family business was based.

Scotland’s seafood and fishing industries could be destroyed without access to EU markets. Scotland’s processing industry could be irreversibly damaged without access to EU workers. We also have to consider Scottish farmed salmon, the UK’s most valuable food export, and how losing the market advantage over Norwegian salmon that EU membership gives us could be utterly devastating. Scotland stands to lose a lot without access and there is little indication of how any of it might be replaced.

[Dr Philippa Whitford]

Fishermen in the north-east are often quoted as saying that more fish will be consumed in the UK, rather than exported. In my constituency, however, the south-west Scotland market consists of nephrops, crustaceans, langoustine and lobster. Some 85% are exported to the European market. It might well be that we all eat a little bit more white fish after Brexit, but I cannot see anybody being in a financial situation where they are going to be eating more lobster.

[Deidre Brock]

My hon. Friend makes a very good point and I am delighted that she brings up the interests of the south-west part of the country.

Once more, Scotland’s needs are massively different to the needs of England. Once more, we cannot have the Scottish industry locked into a rigid framework that will satisfy the English industry. Fishing, of course, has been a devolved matter since 1999 and the responsibility for nearly all the policy area rests in Edinburgh. I think the Government acknowledge as much, with the legislative consent motion they have asked for at Holyrood.

The industry cannot be squeezed into the same box as the English industry, but I appreciate the desirability of common frameworks to allow co-operative working on various issues—kind of like the EU managed with the CFP. Where such frameworks are sought and agreed by both sides they will be mutually beneficial, but they cannot be imposed. They must recognise the devolution settlement and respect it. There must be an element of trust that runs between Whitehall and Holyrood. Her Majesty’s Government must allow Scotland’s Government to govern in the devolved areas and this Parliament must allow Scotland’s Parliament to legislate in devolved areas.

[Luke Graham (Ochil and South Perthshire) (Con)]

This is a characteristically divisive speech from the hon. Lady. On the subject of division, can she explain how, under Scottish National party policy, Scotland will be better served when it has to go into negotiation with England for access to its waters, and how Scotland would somehow get a better result under the SNP policy when it has to negotiate with Europe alone and trade with an even smaller WTO box?

[Deidre Brock]

I am always amused when Scottish Tories stand up to talk about divisiveness and accuse the SNP of being divisive about anything.

Returning to a more serious subject, in general the provisions in the Bill that relate to this area seem to fit those provisions, and, while I reserve the right to check that I am correct in thinking that, I welcome the drafting of the Bill in this respect.

I cannot offer the same welcome to some other aspects of the Bill, such as the setting of quotas. Quotas for Scotland’s waters should be set in Scotland, just as quotas for English waters should be set in England and Welsh waters in Wales. That is devolution. I am sure the Minister or any Government Members would not want the Scots and the Welsh to set quotas in Cornwall, so they will understand why Scots would not want our effort limits set here. The same applies to foreign vessels in our waters. We know that the Secretary of State has been a little free with his pledges of access to our waters, but it should more appropriately be the devolved Administrations that determine such things.

The principle upon which devolution was determined, the division of responsibilities and powers, was that anything which was not reserved was devolved. Power does not flow from here to there, but is, rather, only held here where it is written in the devolution legislation. Matters determined on an EU platform but not written into schedule 5 of the Scotland Act 1998 are devolved and should go straight to Holyrood. They will go straight to Holyrood unless there is some power grab, some clawing back of responsibility, some deliberate diminution of Scotland’s Parliament. That would be unthinkable and we should do our level best to ensure that we do not legislate across that boundary.

Let us endeavour to ensure that we can modify the Bill appropriately so that we do not overcomplicate what should be a simple process. Let us make sure that the responsibilities and powers over our fishing waters and industries rest in the most appropriate places: the devolved Administrations for the most part, and this place, when there is no choice.

--- Later in debate ---

[Douglas Ross (Moray) (Con)]

It is a pleasure and privilege to speak in this debate. Similarly to when we considered the Agriculture Bill earlier in the Session, this is the first opportunity for this Chamber of the United Kingdom Parliament to debate a future policy—this time for our fishermen and fishing industry. Communities such as Buckie, Cullen, Lossiemouth and Burghead do not have the same number of fishing boats as they once did, but they still have an extremely strong link to the fishing industry and they look at our debates in this Chamber very closely.

I very much support this enabling Bill, which has widespread support throughout the industry. The Ministers and their team have done a good job in bringing it to this stage. We all want to ensure that we have control over our waters and regenerate the coastal communities that have suffered in the past. There is a great deal to welcome in the Bill.

I want to spend a bit of time looking at the utter tosh—that is the only way I can describe it—that we have heard from the Scottish National party during this debate. We heard from the hon. Member for Argyll and Bute (Brendan O'Hara), who is not in the Chamber. He took us back to 1972, 11 years before I was even born. The hon. Member for Edinburgh North and Leith (Deidre Brock) took us back a number of years ago when Alex Salmond was putting forward legislation. The SNP has not mentioned him recently, so it is interesting to hear his name used again. In an intervention, I took the hon. Member for Edinburgh North and Leith back to last year’s general election—the most recent election—to find the most recent credible position of the SNP. The SNP’s position then, on which all their candidates stood for election, was to go back into the common fisheries policy, and she confirmed that in response to my intervention.

[Deidre Brock]

rose—

[Douglas Ross]

I am sorry, but because of the time—[Interruption.] I will come to the hon. Lady, who confirmed that the SNP’s position—

--- Later in debate ---

[Douglas Ross]

The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) has a deaf ear, because I said I would let the hon. Member for Edinburgh North and Leith intervene. I will come to her in a minute, if she has patience.

The hon. Lady confirmed that the SNP’s position is to go back into the CFP on re-joining the European Union but, she said, in their terms. I would like to give way to her so that she can tell us what those terms are. What is the SNP going to tell the EU that it would like to negotiate on the CFP, and what is it going to give away? A negotiation needs give and take, so what would it give to the European Union on that?

[Deidre Brock]

I would just like to quote directly from page 29 of the SNP’s 2017 general election manifesto:

“We will continue, in all circumstances, to demand the scrapping or fundamental reform of the Common Fisheries Policy and support Scottish control of Scottish fisheries, as we have done for many years.”

[Douglas Ross]

That is page 29, but there is absolutely no information on how the SNP would do that or what it would do. It is absolutely farcical—you have no plan for how you will go forward on the CFP; you will simply go back into it and do as you are told.

Other things we have not heard are—[Interruption.] Oh, come on, please. The hon. Lady mentioned nothing about the Scottish Government’s report that says that the fishing industry will benefit from £540 million and see an extra 5,000 jobs in Scotland as we come out of the CFP. The SNP will not mention that, because it wants to go back into the CFP.

I agree with a lot of things said by a number of Members—including the hon. Member for Na h-Eileanan an Iar, my hon. Friend the Member for Banff and Buchan (David Duguid), the hon. Member for Strangford (Jim Shannon) and the right hon. Member for Orkney and Shetland (Mr Carmichael)—about the problems that the Government’s immigration policies are causing for fishermen. I held a Westminster Hall debate on the matter at which a number of Members spoke. [Interruption.] If SNP Members would stop barracking me, I may be able to answer their questions. This is something for which I believe there is cross-party support. I believe that the Government could make small changes to ensure that we get the right people into our—