Common Fisheries Policy

Eilidh Whiteford Excerpts

Thursday 15th March 2012 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I begin by congratulating the hon. Member for Thirsk and Malton (Miss McIntosh) on securing the debate and particularly on the work she and her Select Committee have done on the reform process for the common fisheries policy. It is very important for this to get the scrutiny it needs. The CFP is of huge significance for the fishing communities in Banff and Buchan, but coastal communities all around the coastline have a real stake in the outcome of these negotiations.

The successful reform of the common fisheries policy is going to stand or fall on whether or not measures can be put in place to decentralise decision making. That is very much at the heart of the debate, and I welcome the focus that the Chair of the Environment, Food and Rural Affairs Committee placed on that issue in her remarks. I am concerned that, if we do not achieve that decentralisation, we will preside over the further demise of our fishing communities and the destruction of our marine environment.

I suspect that the commitment to decentralisation is shared across this House, and it is widely shared in many other fishing nations in the European Community. The problem is that the Commission’s proposals to date do not set out any workable mechanism for that to happen. There is no framework for regional co-operation among member states. Until we have that framework and that mechanism, I am afraid that our ambitions for decentralising the CFP will remain aspirational.

The part of the Committee’s report that was rightly the focus of its Chair’s remarks—and it has rightly attracted considerable attention outside this Chamber, too—is, of course, the suggestion that the exclusive competence of the Lisbon treaty could be interpreted to allow aspects of fisheries management to be devolved to member states. It goes without saying that I would like that to be the case and I hope that the treaty can be interpreted in that way. I am sure that many lawyers are rubbing their hands in glee at the prospect of a process of legal debate on the wording of the treaty to see whether it can be interpreted in that way.

It would be fair to say that, to date, the Commission has taken quite a restrictive view on how the treaty can be interpreted. In that sense, I do not want to be the party pooper, but I think we need to temper our expectations. I would love to be optimistic, but I want to hear from the Minister whether the Government have taken legal advice on this aspect of the Committee’s report. I would be very keen to know what progress we might be able to make at the European level from the proposals in the report. I look forward to hearing his remarks; I hope his legal advice will give us some cause for optimism. We also need to know from him what progress has been made in building support for decentralisation across the other member states, which will, of course, be crucial.

Decentralisation is also crucial to the sustainable management of our fish stocks and the sustainability of fishing communities and our fishing industry. If we look at the progress made since the introduction of the regional advisory councils and the industry’s involvement in fishing management, we can see that it is much better for the people affected by the decisions to be involved in the decision making. In those circumstances, we get much better outcomes.

What we have seen in Scotland with the conservation credit scheme—with increased use of selective gears, catch quotas and real-time closures—is that all its measures have contributed to significant improvements in sustainability. We have seen dramatic reductions in discards and dramatic increases in the number of stocks certified by the Marine Stewardship Council as being from sustainable sources. Crucially—this is the key point on the issue of discards—it prevented the need to discard fish by avoiding unwanted catches in the first place. That has to be the top priority.

If we are serious about tackling the causes of discarding, we need to do it fishery by fishery, and we need to take on board the challenges of our mixed fisheries. I will not repeat the remarks of the hon. Member for Great Grimsby (Austin Mitchell), but they were extremely salient. We must look in a practical way at how we do this, and be very clear that one size simply will not fit all.

[Andrew George]

The hon. Lady said that conservation measures had resulted in a drop in discards. A seasonal closure of the Trevose ground off the north Cornish coast has led to an abundance of cod, and as a consequence most fishermen are using their monthly cod quota on the first day of every month. There is a now great deal of discarding.

[Dr Whiteford]

The hon. Gentleman makes a valid point about what is happening in his constituency, and clearly there are similar stories all along our coastline. That is a prime illustration of the fact that—as I think Members in all parts of the House agree—the present system does not work, and is not fit for purpose.

A deep-seated and long-standing problem is the issue of compliance across the European Union. It is very frustrating for our fishermen to see the rules applied so inconsistently. The fact that quota restrictions are being flouted with impunity in other parts of the EU not only causes great resentment, but undermines confidence in the system and people’s sense of ownership of the system of fisheries management. We know from the experience of recent years that conservation measures that have been developed in co-operation with the fishermen have been the most effective in conserving fish stocks. The current problems are symptomatic of a top-down CFP, and of that lack of a sense of ownership.

[Barry Gardiner (Brent North) (Lab)]

Having pointed the finger elsewhere in Europe, would the hon. Lady care to comment on a recent case in the United Kingdom—indeed, in Scotland? There was a parallel landing industry, and the Government were taking levies from it.

[Dr Whiteford]

I am grateful to the hon. Gentleman for giving me the opportunity to take up the comments made by the hon. Member for Aberdeen North (Mr Doran). I know that the hon. Member for Brent North (Barry Gardiner) was not present to hear that speech, but it dealt extensively with such problems.

Obviously I cannot discuss the situation while criminal proceedings are taking place, but the fact that the police launched such a successful investigation into the criminality that was taking place has taught us the lesson that we cannot take our eye off the ball in terms of our own compliance. However, we must ensure that criminality is not also symptomatic of people’s loss of confidence in the system. We should bear in mind that otherwise law-abiding people resort to it because they do not believe that the system is working.

I was glad that the hon. Member for Thirsk and Malton referred to aquaculture. Because of the crisis in the sea fisheries sector, it is often not given the attention that it deserves. I am concerned about by the Commission’s proposal for multiannual national strategic plans, and, buried in there somewhere, the rather bizarre suggestion that there should be a regional advisory council for aquaculture.

I believe that Scotland is the largest producer of Atlantic salmon in the EU, and the third largest producer in the world. In 2010 we produced 154,000 tonnes of salmon, worth more than half a billion pounds at farm gate prices, which represents more than a third of Scotland’s food exports. We also export substantial amounts of shellfish including mussels, oysters and scallops, and other species such as trout and halibut. The rapid growth of the sector at a time when the rest of the economy has been stagnant has been very encouraging. It is a success story for job creation and for economic growth, including growth in remote rural communities that do not have much else going for them. I see no benefit whatsoever in imposing a new layer of European regulation and bureaucracy on that sector, and I expect a great many risks to be posed to it if we go down that road.

I have a particular constituency interest. Although Banff and Buchan is often thought of as being at the heart of the fishing industry, it is also a major centre for fish processing. The factories in the north-east process large amounts of farmed fish, and at a time when the sea fisheries are so unstable and uncertain and can fluctuate so much, the farmed fish sector has a hugely stabilising effect on the viability of the processing sector. An increase in political interference in the aquaculture sector from Brussels—or from anywhere else—would not be in anyone’s interests. We must not try to mend successful businesses that are not broken.

There is no consensus across the UK about transferable quotas—or individual transferable concessions as they are now being called. I welcome the Environment, Food and Rural Affairs Committee’s remarks about the problems the ITCs cause for the under-10 metre fleet. Those problems are not confined to that fleet, however. Other communities will also be affected, including some in my constituency.

The real issue is that most of the fishing industry in Scotland still involves family-owned vessels that maintain a strong link to a local port. They are at the heart of communities, and I do not want those communities to be bought out by large multinational fishing conglomerates.

[Mr MacNeil]

Does my hon. Friend agree that the ITCs are a gift for speculators and that we would be bemoaning them in five or 10 years’ time?

[Dr Whiteford]

My hon. Friend is absolutely right.

My real fear is that any safeguards we put in place to protect the economic link between the quota and the community or the member state will not be robust enough to withstand the law. I suspect that they will be open to legal challenge, and that we will quickly find that our fishing communities become tradeable commodities. That would be a death blow to communities that are heavily dependent on fishing, and where there have historically been strong family and community ties at the heart of the industry.

I make this plea to the Minister, therefore: any system of quotas must not be mandatory. I would like an assurance from him on that. We must introduce a workable system that does not make such quotas mandatory.

I want to conclude by talking about the objective of social and economic sustainability. Stating that in the legislation would mark a huge step forward; it would make it clear that we want the sustainable development of our coastal communities. That recommendation in the Committee report is important, and I pay tribute to the hon. Member for Thirsk and Malton for putting it there. That move would change the whole terms of how we discuss fisheries in Europe. It would make it clear that the subject is about not only the fish in the sea, but the people who live in harmony with the ecosystem in our coastal communities, and who have done so for centuries. I urge the Minister to push for that at the European level, and, as always, I wish him well in the ongoing negotiations.

--- Later in debate ---

[Fiona O'Donnell]

I think that if the hon. Lady speaks to the under-10-metre fishermen now she will find that they do not necessarily feel that the situation is getting any better under this Government. We should all have the humility to admit that when we leave government we often leave thinking that more could have been done. I expect that Government Members will have that feeling sooner than they think.

I look forward to hearing from the Minister how the EU negotiations are progressing. First, I want to examine some of the Environment, Food and Rural Affairs Committee’s key recommendations. I congratulate the hon. Member for Thirsk and Malton on her work and that of her Committee and on making sure that we have been able to debate this important issue in the House. I will then go on to outline Labour’s main priorities for reform.

As many Members have said, the genuine decentralisation of powers from Brussels towards a system of regionalised management will be key to the success of the reforms. Labour supports greater regionalisation. We think it is important that countries should work together in regional groups to ensure that fisheries are managed more sustainably. It would be helpful if the Minister could tell the House which European member states he is working with to ensure that meaningful regionalisation is delivered. Who are our allies on this issue and what progress is he making? Will he also update us on any discussions he has had about regionalisation with the devolved Administrations?

In the run-up to the EU’s draft proposals published last summer, Commissioner Damanaki spoke of her desire to overhaul the CFP to get away from the micro-management of Brussels and install a bottom-up approach. Concerns have been expressed, however, that the Commission’s proposals are falling short of the mark. The commissioner insists that that is not due to a lack of political will but is the result of the limitations of the Lisbon treaty to devolve powers and says that she has gone as far as she can go. The Committee has put forward an alternative legal framework and asked the Minister to explore that option. That issue was also raised by the hon. Member for Banff and Buchan (Dr Whiteford).

Last year, in a Back-Bench debate on the reform of the CFP in the House, the Minister said that

“currently the proposals lack crucial detail on how regionalisation will work.”—[Official Report, 15 November 2011; Vol. 535, c. 741.]

What discussions has the Minister had with the commissioner on the regionalisation of powers to member states, and has he sought any legal advice on the devolution of powers from Brussels to regional advisory councils?

The Committee gave considerable thought to the implications of introducing maximum sustainable yield deadlines by 2015 and concluded that a target of 2020 is more appropriate. I think that it has benefited the House to have on the record a more reasoned explanation of the targets the Committee recommended than those we have seen in the media lately. With 75% of European stocks now exploited beyond safe levels, compared with 25% for stocks worldwide, it is clear that we need to take urgent action now. MSY has already been achieved for some stocks, but Europe is lagging behind. Labour believes that achieving MSY by 2015 should still be the goal. Does the Minister share that view? The Government must play their part in ensuring that we move towards that goal in line with our international commitments. Will he update the House on what progress is being made to achieve MSY for all commercial UK stocks by 2015?

There has been much to say on discards, which is something the public certainly care deeply about. Members from both sides of the House agree that Europe must get to grips with the problem, because throwing perfectly good fish back into the sea is utterly unacceptable. Labour is clear that we need a specific timeline. I am concerned by reports in The Guardian today that a group of member states, led by France and Spain, are attempting to pass a declaration that includes a clause dismissing the ban as unrealistic and too prescriptive, which could effectively lead to the indefinite continuation of discards. That is simply unacceptable. What discussions has the Minister had with France and Germany on that, and will he reaffirm his commitment to ending discards? Furthermore, will he tell us when and how that should be achieved? We are not asking much of him. The industry, north and south of the border, has demonstrated that using more selective fishing methods is part of the solution. Catch quota trials and Project 50% have been very successful in reducing discards. Does he agree that the scheme should be expanded in the period leading up to a ban on discards?

I would like to set out Labour’s main priorities for reform of the CFP. Overcapacity has led to the destruction of Europe’s fish stocks. The problem is simple: we are over-fishing our seas. I think that the most remarkable comment we heard today was from the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who harked back to a time when there were no quotas or discards and people simply went out and fished. The reality is that technology has moved on and countries can now fish in areas far from home. The idea that we could pull out of a common framework for managing our fisheries is simply unrealistic. The European fleet has grown too large and is catching too many fish. The current system favours the short-term interests of large-scale, often unsustainable, industrial operators. That has led to the lion’s share of resources and profits becoming concentrated in the hands of a relatively small number of fishing enterprises in Europe.

[Dr Whiteford]

Does the hon. Lady agree that the Scottish fleet, which has halved in size in the past 10 years, should not have to pay again for the overall European reduction in fleet sizes that is required and that the people who have done more than anyone else to promote sustainability and change the way they work should get the credit for what they have achieved?

[Fiona O'Donnell]

I think that Members everywhere in the Chamber, apart from where the hon. Lady sits, have the interest of the whole UK fishing industry at heart; that is certainly the case for me. What is certain, however, is that if Scotland became an independent nation, our fishermen would face a very uncertain future.

We have not heard much mention of fishing in external waters. One Member raised the issue, but I certainly do not want to disappoint her by returning to it today.

I congratulate the hon. Member for South East Cornwall on the Westminster Hall debate that she secured and for exposing the actions of trawlers in the waters off Mauritania. European waters have been over-fished, and now we are shipping our problems overseas. The EU fleet takes 25% of its annual catch from outside European waters, and EU taxpayers are subsidising the expansion of some of the biggest and most powerful trawlers in Europe into the waters off the western coast of Africa.

Neither EU member states nor fragile coastal fishing communities in western Africa can afford the reform of the CFP to become a missed opportunity. Reform is a real chance for change in Europe, and it could tackle over-fishing by EU fleets in external waters, so will the Minister update the House on his discussions with other member states about the exploitation of fish stocks in external waters?

Secondly, on the inshore fleet, Labour wants a reformed CFP that rewards those who fish more sustainably and selectively and with less impact on the environment. The UK’s inshore fleet represents more than three quarters of the entire UK fleet and employs 65% of its work force, yet it receives just 4% of the quota allocated to the UK under the CFP.

Labour believes that that imbalance must be addressed, and we want a fairer distribution of quota among the fleet. The draft CFP regulations contain a proposal whereby member states may withhold up to 5% of their national quota to encourage and reward operators that reduce discards and improve environmental performance. Labour thinks that should be increased to 20% to reward fishermen, including small-scale fishermen, who operate in a more environmentally sustainable way and who contribute positively to coastal communities.

Fisheries are a Government-held public resource, so we think it right that Government decide who should be able to access them, but, as the hon. Member for Thirsk and Malton has pointed out, astonishingly the Government do not even know who owns the quota that they hand out. We want to see an entirely transparent register of quotas, and I join the hon. Lady in asking the Minister to update the House on progress in that area.

The New Under Ten Fishermens Association, NUTFA, the organisation that represents the domestic under-10-metre fleet, is calling for root-and-branch reform to create an inshore fleet that is fit for purpose. The Minister has responded with six community quota group pilots, so will he update the House on their progress and on the response to them from the under-10s? May I suggest to him that a crucial part of reform could be the creation of an inshore producer organisation? I have heard the proposal when meeting fishermen from the under-10-metre fleet. Is the Minister willing to consider it?

The rules that govern our fisheries are broken. Ahead of Rio+20, where food security and our oceans will be high on the agenda, it is vital that we put our own house in order. It is not too late to turn the tide. Now is the time for the Government to show renewed determination and leadership, and to pursue truly ambitious reform.

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

I thank my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) for securing this important debate in the House, and I commend the excellent report that her Committee has produced. This debate has benefited from some very interesting interventions and speeches by hon. Members on both sides of the House, and I hope to refer to as many of them as possible.

My hon. Friend launched the debate with real knowledge and enthusiasm. Her enthusiasm for and interest in the subject are apparent from how she speaks about it, and they are very welcome. I enjoyed taking part in one of her Committee’s sittings on this subject, and I was impressed by the level of knowledge and interest across the Committee.

In answer to the hon. Member for East Lothian (Fiona O’Donnell) and others, I am happy to report on how we are progressing with our discussions in the European Union. On Monday I am going to Brussels, where I will be discussing, not least, regionalisation, as well as the external dimension, on which we are making some progress, although it has not yet got to where I want it to be. I entirely share the position taken by the hon. Lady and my hon. Friend the Member for South East Cornwall (Sheryll Murray) in abhorring the dreadful practices that we have learned about in recent years regarding the external footprint of fishing vessels that are subsidised by our constituents’ taxes so that they can fish unsustainably in the waters of some of the poorest countries in the world. I am looking forward to putting forward a very robust line on that, and I am impressed by the progress that my officials are making on it.

We will also be talking about discards, which I will discuss later. The hon. Member for Banff and Buchan (Dr Whiteford) will be interested to know that we will deal with the thorny issue of mackerel and the perhaps not-very-sustainable activities of the Government of Iceland and the Faroe Islands. The hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who extolled the virtues of the Faroe Islands, might like to reflect on the fact that that country is not behaving at all properly in this matter.

I know as well as anyone how complex the issues are surrounding the whole area of the common fisheries policy and how difficult it is to unpick the diverse and interlinked problems that we face in reforming this failed policy. The Committee’s inquiry gets to the heart of these issues with a remarkable degree of perspicuity, and it has, as I said, delivered a very impressive report. The Committee’s thinking also reflects the stance that we are taking across a range of important priorities for reform of the CFP. It is crucial that we get past the “one size fits all” mindset that has served European fisheries so badly.

My hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) hosted my visit to the wonderful Plymouth marine laboratory, where we saw the impact of climate change. We saw how the fronts that change the temperatures of our seas in different places are moving, and how fish populations are moving. It is clearly ridiculous to have one constraining system for managing our fisheries that goes from the sub-Arctic waters of the north to the waters of the south Mediterranean. We must have a system that is much more fleet of foot, and we can do that only if it is more locally managed. I will come on to talk about how we are going to try to achieve that.

We are facing a critical stage in the negotiations in the coming months, and I will continue to press for radical reform; as I said, I will do that at the Fisheries Council in Brussels next week. In addition to those discussions on reform, we will have further discussions in April, May and June. The European Parliament is also considering the proposals in its committee stages, and we expect a plenary vote there on the whole package by the autumn.

The Committee’s report rightly highlights the importance of regionalisation. We must find ways to allow member states to work together regionally on the detail of fisheries management—in discussion, of course, with stakeholders—and I agree that we can do that within the bounds of the current treaty. Technical and legal constraints should not overshadow our aims in this regard, and that has been our message to others. I hope that I will discover that the issues of competence are as clear as the Committee suggests. We have been exploring with other member states the types of provision that it has identified in order to build support for potential solutions. I can assure my hon. Friend the Member for Thirsk and Malton that members of her Committee are not the only ones with access to legal opinions. In my experience, there are many and varied legal opinions on the subject, and it is important that they should be robust and able to stand up to the rigours of challenge.

The Commission’s proposals reflect that same concept of empowering member states to take some of their own decisions. However, we are concerned that conferring more delegated powers on the Commission, as the proposals have the potential to do, might end up centralising decisions again.

I made an interesting visit to the constituency of the hon. Member for South Down (Ms Ritchie). I quite understand why she is not in her place, because she informed me that she would have to depart. I was shown a net in which an eliminator panel had been put in precisely the right place to allow cod to escape, but the net was deemed illegal by people who manage fisheries about 1,000 miles away from the fishermen who use it. They insisted that the eliminator panel should be further towards the cod end, even though the fishermen knew that by that stage the fish would be too tired to swim up through it. How crazy is that? What lunacy it is to have a system that does not allow the fishery in a particular area to develop the means to do virtuous things such as excluding discards.

I recognise that what I can achieve will probably never be quite what my hon. Friend the Member for South Dorset (Richard Drax), the hon. Member for Great Grimsby (Austin Mitchell) and others would like, but I will do my best to achieve as much as I can.

The genuine regionalisation that the Government and the Select Committee are calling for will need the robust co-operation of member states on shared fisheries for it to be credible and to win support from others. Empowering member states to take some decisions may form part of the process, but it might not solve the whole problem. As many hon. Members have said, many of our fish stocks are shared with other countries and can best be managed on a regional basis. I believe that a properly devolved system, with close co-operation between member states, operating with an ecosystem-based approach, as the hon. Member for Brent North (Barry Gardiner) mentioned, is the right way forward.

The hon. Member for East Lothian asked if we have friends in Europe on this matter. We do. There are many like-minded states that share my sense of exhaustion over and rhetoric on how appalling this system is, and we are working closely with them. It is mainly, but not exclusively, the northern European states that have a like-minded view. I hope that we will find plenty of allies in the coming weeks.

[Dr Whiteford]

Does the Minister think that the regional advisory council model is appropriate for aquaculture?

[Richard Benyon]

I am grateful to the hon. Lady for reminding me of the very good point that she made. I share her view entirely that this is an area where the European Union does not need to tread. We have a successful aquaculture industry in the United Kingdom. We are all aware of the agenda here. Some of the more land-locked countries, which are seeking to access some of the European fisheries money, are interested in developing a competence over aquaculture. I assure her that I am robust in trying to exclude that possibility. How successful I will be remains to be seen.

We remain hopeful that the reformed CFP can build in a robust process to regionalise decision making. That will require agreement not only on issues of legal competence, but on practical processes for co-operation on management decisions with other member states which are transparent and enforceable. We will continue to press for that and will build support with the member states that share our fisheries.

The hon. Member for East Lothian asked when I last met the commissioner. It was just a few weeks ago. I meet her regularly and count her as an ally and a friend. I think she needs friends at the moment. I will be robust in giving our support for what she is trying to do. She needs legal advice as well. There are legal opinions coming from all directions on these matters and we are keen to provide her with ours.

I pay tribute to the hon. Member for Aberdeen North (Mr Doran), who made a thoughtful speech. He addressed a serious problem that goes to the heart of the credibility of an industry for which I have the highest regard. We should not minimise in any way the fact that when black fish are sold on the scale that he described, those fish have been stolen from legitimate fishermen. That is a crime of multi-million-pound proportions, and he was both brave and right to state that.

To achieve what we want to, we will require improvements in how we collect data and develop scientific evidence. A number of Members have referred to that. At the moment, the process can often lack robust data or be too narrowly focused on the short term to be credible with fishermen or to help policy makers. A more grown-up relationship is needed between scientists, fishermen and policy makers so that we can gather more effective data on the impact of fishing on the whole marine environment, and build trust. The fisheries science partnership that we have in the UK will help to pave the way to achieving that.

Nearly every Member who spoke referred to discards. I say to the hon. Member for Na h-Eileanan an Iar—[Interruption.] That pronunciation is the best I can do at this stage of the week, I am afraid. I remind him that more than half the tonnage of discarded fish has absolutely nothing to do with the European Union but is because it is made up of species that we do not eat and for which there is no market. There is a supply chain solution to that if we are imaginative. I am not diminishing the blame that must be apportioned to the system of management that creates the remainder of the discards, and we must not stop trying to deal with that, but more than 50% of discards are because there is no market. Great progress is being made on that, not least by DEFRA, through good projects such as Fishing for the Markets.

I am glad that my hon. Friend the Member for Thirsk and Malton mentioned my evidence to the Environment, Food and Rural Affairs Committee, in which I said how wrong it would be if we created a system that transferred a problem over the horizon at sea to one of landfill. Through a discard ban or an elimination of discards, we need to progress a supply chain solution to creating new markets for fish.