Common Fisheries Policy and Animals (amendment Etc.) (EU Exit) Regulations 2019

George Eustice Excerpts

Monday 21st October 2019 General Committees

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

I beg to move,

That the Committee has considered the Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019, No. 1312),

laid under the European Union (Withdrawal) Act 2018.

The technical amendments made by this instrument will ensure that retained EU law remains operable upon leaving. These provisions mainly fall into the category of changes that are needed because EU regulations have changed since the end of March, when previous statutory instruments were laid before Parliament. This new SI is therefore needed to reflect the changes that have taken place in EU policy. However, this SI makes no new policy changes to the effect of the retained EU law, and no change in the way that the fishing industry conducts its activities is expected as a result.

The amendments extend and apply to the United Kingdom. Fisheries management in the UK is largely devolved in Scotland, Wales and Northern Ireland. These instruments have been developed and drafted in close co-operation with the devolved Administrations, who have given their consent. This ensures a common approach that respects the existing devolution settlement and maintains the existing system of fisheries management, providing certainty to the fishing sector and to business.

The regulations amend three pieces of retained EU legislation. First, they make updates to the technical conservation regulation, which outlines technical rules that fishing vessels must adhere to for conservation purposes. That regulation is essential for the management of fisheries in the UK, wherever those vessels may be, and of non-UK vessels in UK waters. The technical conservation regulations were previously made operable in retained EU law through an EU exit statutory instrument made in March 2019. However, in July, the EU introduced revisions to those regulations. The UK was engaged in the process of revising the technical conservation regulations, which make important changes—for instance, to support the implementation of the landing obligation. UK fishermen are already working to those new standards, which are important for the protection of our marine environment.

Secondly, this statutory instrument completes the transfer of the North sea multi-annual plan into retained EU law. This establishes long-term plans for the recovery and sustainable management of mixed fisheries in the North sea. The bulk of the legislation was previously made operable in UK law, but this statutory instrument completes the process by bringing across legislative powers necessary to introduce or amend the details of the plan in future. Those powers were previously conferred upon the European Commission, but will now be exercisable by UK Administrations.

Thirdly, the SI makes necessary changes to ensure that the western waters multi-annual plan is made operable in retained EU law. This establishes a long-term plan for the recovery and sustainable management of mixed fisheries in the western waters, of which the UK forms a part. Just as we did for the North sea multi-annual plan, which was published and implemented earlier, we are making this plan operable now that it has been published and implemented.

As a consequence of changes made to the EU regulations since previous instruments were passed, the instrument also amends previous marine and fisheries EU exit SIs: the Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019, the Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019, and the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019. Such minor changes include the revocation of certain regulations relating to regional fisheries management organisations and a community fisheries control agency; as those regulations have been revoked at EU level, they will no longer form part of retained EU law. They also include a minor change to the amendments to the North sea discard plan, which has since been amended by the Commission. This ensures that our amendments to retained EU law are up to date with the legislation that, on exit day, will be transferred to the UK statute book via the European Union (Withdrawal) Act 2018.

There were also a number of errors in the previous instruments that are being corrected by this statutory instrument, such as a typographical error in a reference to “member state”, in the singular form, when it should have been “member states”, in plural. These minor typo- graphical errors would not have stopped the instruments functioning correctly, but given that we now have the luxury of time, as it were, as a result of the extension of exit day from the end of March, we thought it prudent to take this opportunity, since we were bringing forward an SI anyway, to make these minor corrections.

We have also corrected a handful of other small errors in previous amendments made to the annual EU total allowable catch and quota regulation. In particular, we have amended provisions relating to commercial and recreational bass fishing, to ensure that the approach intended by the regulation—namely that the provisions in question continue in force into 2020 until they are replaced with new regulations—is actually implemented, and to ensure that these provisions do not just fall at the end of the year.

Finally, this instrument makes minor changes to the Animals (Legislative Functions) (EU Exit) Regulations 2019, to amend an EU regulation on the protection of animals during transport and related operations. In particular, it removes an unnecessary power to make regulations about animals not previously covered by the regulations’ annexes, because there was already a power to amend the annexes themselves. Therefore, the power is not necessary. Similarly, a second amendment to a technical rule for transporting horses has been removed, because it duplicated an amendment made by a different instrument.

As I said earlier, these are technical changes to reflect the fact that EU law has changed since the end of March. As I also said earlier, we have consulted with the devolved administrations and secured their consent to make these changes on a UK-wide basis. I therefore commend this statutory instrument to the Committee.

--- Later in debate ---

[George Eustice]

I thank the shadow Minister for his kind words on my reappearance in the Department. He followed them with a blizzard of questions, which I shall try my best to address. I also want to say that my hon. Friend the Member for Witney (Robert Courts), our only PPS in the Department, is more than capable of doing the work of many, such is his ability. Indeed, he spends most of his time in Committees such as this.

The shadow Minister is aware, as all hon. Members are, that the central principle behind the European Union (Withdrawal) Act 2018 is one of continuity. It explicitly is not about changing, making or consolidating policy. It is about simply making the changes necessary to make retained EU law operable. The idea is that on day one after we leave the EU, we should have a statute book that is as close as possible to that of the day before. Only after we have left can we, through primary legislation, debate properly in this House what future policy should be, and what changes we want to make. In the 2018 Act, the emphasis is on continuity. That is why there is no consolidation planned. EU law is what it is—a hotch-potch of all sorts of regulations—and there is a lot of complexity in making those operable. However, I know that the National Archives will be publishing all the SIs that have been tabled. It is working on various products to ensure that those are accessible and available to people. The most important thing that we can do for people in the fishing industry, and any other industry, is give the reassurance that there will be a functioning statute book on day one after we leave that is as close as possible to what came before. Policy change and divergence thereafter is a matter for primary legislation.

[Thangam Debbonaire (Bristol West) (Lab)]

With my colleagues’ permission, I ask a question as Opposition Whip for the Department for Environment, Food and Rural Affairs. Could the Minister enlighten us about said primary legislation? Can he give us a hint, or a raised eyebrow, or perhaps suggest when we might see the Fisheries Bill again? He and the shadow Minister put a lot of work into it, as did officials, and as he says, the fishing industry needs some certainty to work towards.

[George Eustice]

I was just about to come on to the issue of the Fisheries Bill. A little under a year ago, we were debating it and taking it through Committee, perhaps in this very room. I had hoped that we would stick to the plan to leave the European Union at the end of March; that the House would get behind the withdrawal agreement that the previous Prime Minster had put together; and that we would then be able to get the Fisheries Bill through Parliament. We would have had an implementation period, and then the provisions of the Bill would have taken over. In the event, there was not a majority in the House for that. We all know what happened: this House has been in a muddle for a period of six months, unable to agree anything. It has been incapable of saying what it does not want and unable to say what it does want. That has made it very difficult to introduce any other Fisheries Bill.

[Thangam Debbonaire]

Will the Minister give way?

[George Eustice]

No, I shall finish my point. The Fisheries Bill was unable to progress because Parliament failed and refused to progress leaving the European Union, and in fact voted to delay leaving. We now have a new Session, and the Fisheries Bill is in the Queen’s Speech, so there will be a Fisheries Bill in this Session of Parliament. That answers that question.

The hon. Member for Plymouth, Sutton and Devonport raised a question that had been highlighted by Greener UK, namely why article 21(c) had not been brought across. The reason for that is that article 21(c) includes the concept of member states making joint recommendations for the European Union to consider. Once we are outside the EU, we will not be making joint recommendations to it; we will be controlling and deciding these things for ourselves, so the very concept of a joint recommendation does not make sense. In so far as there were other elements of article 21 that did make sense and did function in a national context, those were brought across.

The hon. Gentleman also raised the point about regional co-operation. To be clear, this statutory instrument brings across the conclusions of the North sea multi-annual plan and the western waters multi-annual plan, but it does not bring across the architecture for that co-operation, because once we cease to be a member state, under EU law, we cannot be a member of those particular groups. At the moment, Norway is not a member of those groups; it sometimes attends as an observer, but it gives its input to the groups on the North sea through different mechanisms.

How we will co-operate with our European neighbours will be an issue for a future partnership. If we can get across the current withdrawal agreement, which the Prime Minister has brought back, and get the deal agreed, the plan is to have a new partnership agreement with the European Union by next July. That can cover all manner of things, including how we would co-operate on a regional basis. The issue of the architecture for regional co-operation is a matter for our future partnership agreement with the EU. However, coming back to my point, the purpose of the European Union (Withdrawal) Act 2018 is to ensure that on day one after leaving, we have an operable law book, and that retained EU law is operable. The changes to regulations that the EU has introduced since March are now EU law, and we should therefore make them operable. That is the primary purpose of this SI.

The hon. Gentleman asked about impact assessments, and complained about the use of the phrase,

“no, or no significant, impact”.

I am told that the term has particular relevance to the procedures of the House, and is terminology that it relies on.

The hon. Gentleman also asked about what other types of errors there were. They are all similar. In one case the word “fishing” was used, where it should have been “fisheries”. In another case, the text said “ICCA” when it meant ICCAT—the International Commission for the Conservation of Atlantic Tunas. In one case, the Roman numeral “ii” should have been “a(ii)”. In one instance, “must” was used, but it was felt that “shall” was better. I do not want to bore hon. Members any further by going into that, but the hon. Gentleman asked a question that suggested that what we meant by “errors” was suspicious, and I just wanted to clarify the point.

Finally, the hon. Gentleman asked what would happen if Parliament got behind the Prime Minister’s deal. He will be aware that all the statutory instruments that we are talking about and taking through should be seen in the context of no-deal preparations—preparations for what would happen if we came out without an agreement. A withdrawal agreement Bill will be published later today and will have its Second Reading tomorrow. A deal will include various saving provisions to ensure that we can have an implementation period. The regulations are predominantly about no-deal preparations. In the event of a deal being done, the provisions of the implementation period come into effect.

The hon. Gentleman asked about pulse trawling. He will recall that this was a matter we discussed in the Fisheries Bill. In a previous SI, we chose to ensure that the scientific exemption could not continue for EU vessels, and that will remain the case if we come out of the EU in a no-deal scenario. The European Union has since made other changes to phase that out by 2021, and has already significantly reduced the number of vessels that are licensed.

Finally, we discuss bass provisions every year. They form part of the total allowable catch and quota regulations, which would always stay in place until the new TAC and quota regulations take effect, typically at the end of January. The way the original SI had been drafted meant that they would have ended at the end of December, which meant that there would have been an air gap. The draft regulations simply ensure that the provisions will remain extant until replacement provisions are put in place.

[Luke Pollard]

I am grateful to the Minister for his clarifications. In relation to the intricacies of fishing in Northern Ireland and the new border down the Irish sea, would the Minister be prepared to write with further detail, in particular about the paperwork required for a GB boat landing in Northern Ireland, and vice versa, and around the concerns that the industry has regarding red diesel?

[George Eustice]

Rather than write, let me touch on that now. The concerns on red diesel are a separate agenda being pursued at the World Trade Organisation about removing subsidies. We believe that, although we want to remove subsidies from fishing, red diesel is not the type of subsidy that we are referring to, so we very much support the continued use of red diesel for our fishing fleet.

The withdrawal agreement—the Prime Minister’s deal—does not have any implications for the fishing industry per se, because it is more about customs than fishing opportunities and fish being landed. It is already the case that a catch certificate is required when crossing borders, whether a boat is coming from the Irish Republic to the UK or vice versa. Beyond that, there will not be additional changes for the fishing industry.

Question put and agreed to.

Resolved,

That the Committee has considered the Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019, No. 1312).