Exclusive Economic Zone: Maritime Safety

Guy Opperman Excerpts

Wednesday 17th April 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Guy Opperman)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this very important debate, which touches on key matters that this country should be conscious of and anxious to ensure are observed in the right way. He put forward his case and the case of his constituents in his customary, robust and very fair tone.

As the right hon. Gentleman knows, I know Shetland pretty well, having visited only last summer. I nearly knew it much better because Sumburgh airport was shut when I was attempting to leave. I am acutely conscious that the waters around Shetland are among the most dangerous in the world. As he rightly put it, this is about safety first and foremost. We can have an argument about sovereignty, consequences and the fiscal intentions of certain people fishing in a particular way, but the most important thing is safety. He is right to make the case that fishing is a dangerous profession.

I put on the record my thanks to our fishing fleet for its contribution to the UK economy. In 2022, for example, UK vessels landed 640,000 tonnes of sea fish into the UK and abroad, with a value over £1 billion. With National Fishing Remembrance Day coming up on 12 May, we remember those who have lost their lives while working in fishing in the UK. It is also an opportunity to raise awareness of the dangers and how we can tackle them. I am conscious that a number of incidents—certainly the MCA is aware of three—have been reported in the last five years.

The right hon. Gentleman outlined two in particular: one on 11 June 2020; and one on 16 October last year, when the actions of the French-registered Antonio Maria were clearly very serious in respect of what happened to the Defiant—a UK and Shetland-registered vessel—approximately 16 miles off the north-east coast of Shetland. I am aware of the footage and of the commentary since, and of the very serious potential consequences. Loss of power at sea so far from shore—given the weather and its ability to change so easily, particularly in October—should not be undermined in any way. I put on the record my utter condemnation of the actions of the crew of the Antonio Maria, and of other ships that have been involved in such activity; it is not conduct that they would wish upon themselves.

Without sounding too hackneyed, everybody is in the same boat in this respect, and it is of utmost important that we try to ensure a change of behaviour. As the right hon. Gentleman knows very well, the mechanics of that are very difficult, given the implications of UNCLOS. There is a difference, is there not, between the law that applies up to 12 miles out to sea—the draconian actions that can be taken when something is within UK waters in an area that we control and have legal jurisdiction over—and what can happen outside those 12 nautical miles. The right hon. Gentleman clearly knows that there was a report of the most recent incident by the MCA, which I thank for its efforts, but I think we need to do more. I do not have a lot of time today, but I want to address some of the right hon. Gentleman’s key asks.

The first key ask is that there should be sight of the letter that was written in October. Of course that can happen; I am surprised it has not. That will happen within a matter of weeks and will be shared with the Shetland Fishermen’s Association and the r hon. Gentleman. Secondly, he asked for a designated person within the MCA to receive reports. I think the devil is in the detail on this, but fundamentally I am going to make sure that there is a designated individual who is the nominated person for receipt. Active phone lines and things like that are more complicated to establish, but I take the point on board. I hope the right hon. Gentleman will bear with me, so I can allow the organisation to go away and think about how it will do that—not least because there needs to be link-up with actions and consequences if disasters do occur, and all organisations need to be kept informed. I totally endorse the idea of a designated person and will give instruction accordingly. If that has not happened thus far, it definitely will do going forward.

The third point that the right hon. Gentleman raised was in respect of the MCA working more closely with Marine Scotland. I have no specific comment on that in my papers. I am sure they work together already, but I am going to make very sure that they meet within the next month, and that there is an ongoing dialogue and discussion with all devolved nations and devolved organisations so that we are utterly joined up and as one.

I take on board the point about licences. We clearly need to go away and think about that. I respectfully suggest that, with an arm’s length body which is not effectively controlled by Government, there is a danger that the Government then say, “Well, we actually want to try to run it ourselves.” Every Minister has such arm’s length bodies; I had many at the Department for Work and Pensions and I have them at the Department for Transport. As my dad used to say, “You don’t buy a dog and bark yourself”: we have to be in a position to let them get on with it. I will, however, invite them to do two key things: first, to have a proper sit-down with the Fisheries Minister; and, then—in my humble opinion, this is what is needed—to have the Fisheries Minister correspond and sit down with individual Ministers to ensure that there is proper understanding, because it is in all our interests that such incidents do not happen. There should be no benefit whatever.

If this kind of activity is allowed to take place off the shores of Shetland, eventually there will be a serious accident. Lives could be lost. Loss of propulsion out in the ocean, far from land, in circumstances such as in October, is just not acceptable in any way whatever, however fired up everyone is. I believe that the Fisheries Minister needs to take that forward. I will also do my bit to raise this with the Foreign, Commonwealth and Development Office, so that it too has an understanding of what is going forward.

The right hon. Member talked about the long-term reform, which will be to the United Nations’ law of the sea. That is clearly difficult, but not impossible. The key point that I want to finish on is that he is right: so many institutions that we set up as individual countries post war—whether the UN and its approach to various things, the G5, the G7, the various immigration rules and regulations that we all abide by, or whatever—struggle to deal with the modern world and the modern pressures on us all. The challenge for all Governments is to adapt and improve those institutions.

I take solace in one thing: without getting into the devil in the detail, the right hon. Gentleman will know that the law of the sea was only agreed by the UN in 1956, and it was upgraded and improved in 1960, 1973 and 1982—so that can be done. Having better penalties and more draconian action on consequences has to be the way forward, and those exist, with stuff clearly going on in the South China sea and the Philippines. My assurance to him is that we will take that on board. This will be a work in progress for successive Governments, but as a Government we take the view that that process should start now, and I give him and his constituents that assurance.

I thank the right hon. Member for Orkney and Shetland for raising this issue. I ask for the forbearance and understanding of his community, who are tough and hardy folk, doing an amazing job for the islands and our country. We should be extraordinarily thankful for their service, their contribution to the economy and the delicious fish they put on our tables. We will do what we can to ensure a better system going forward, because frankly that will be in all our interests.

Question put and agreed to.