Fisheries Bill [HL]

Lord Grantchester Excerpts

Committee stage & Committee: 2nd sitting (Hansard - continued) & Committee: 2nd sitting (Hansard - continued): House of Lords
Wednesday 4th March 2020 Lords Chamber

Tabled by

[Lord Grantchester]

60: Clause 7, page 7, line 35, leave out paragraph (a)
Member’s explanatory statement
This amendment removes paragraph (a) to probe whether the powers to amend or revoke a fisheries management plan can be used to implement the outcome of negotiations with the EU27.

[Lord Grantchester (Lab)]

If I may detain the House for a quick moment, I thank my noble friend Lady Jones of Whitchurch for pursuing this issue further with the Minister. I refer back to the probing done by the noble Lord, Lord Lansley, on how far Ministers in the Department for International Trade will be abiding by the objectives mentioned in the Bill in their negotiations over fisheries trade with the EU. I just make that point, and I look forward to the Minister’s letter in that regard.

Amendment 60 not moved.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendments in this group, which are linked and would bring transparency and accountability to the process, as set out clearly by my noble friend Lord Teverson. As he said, in the absence of devolution in England, setting up an English advisory board would allow consultation on England’s fisheries plans with fisheries stakeholders.

On our first day in Committee, we heard much about the consultation that has taken place with the devolved Administration and the agreements reached with them. Some of your Lordships, including me, felt that English fishermen were being undersold. We heard that the Scottish Parliament and the Welsh Assembly agreed with the relevant clauses in the Bill, but we did not hear that the view of English fishermen and women had received quite the same input. Setting up an English advisory board and other advisory boards to oversee fisheries management plans would bring some accountability and transparency into the process and help English fisheries receive parity with their Scottish and Welsh compatriots.

The list of those to be involved would ensure that not only major fishing ports but smaller ports in a region would have a voice in how the fisheries management plans were drawn up and implemented. Although Amendment 65 is long, it is comprehensive and would ensure accountability, devolution and representation for the English fisheries. This is long overdue. I look forward to hearing from the Minister just how this might be achieved.

[Lord Grantchester]

My Lords, one of the puzzles in this Bill is getting to grips with the relative powers of, and interaction between, the Secretary of State, Parliament and the devolved Administrations. Into this mix, the noble Lord, Lord Teverson, has introduced a measure of devolution for England and its regions. I thank the noble Lord, Lord Cameron, for sharing his comments with the Committee.

In his Amendments 64 and 65, the noble Lord, Lord Teverson, has made a strong case for creating advisory boards for major fishing ports in England, giving the power of determination for fisheries operating within the six-mile limit to the relevant local inshore fisheries and conservation authority, and ensuring consultation with local bodies on matters that will affect them. It might even be said that, subject to consideration by the devolved Administrations, similar processes should be followed in the devolved nations.

It does not seem unreasonable for us to use this Bill to examine which level of government is best suited for the various activities and how best to ensure a level of local decision-making in England. At the very least, the Bill should make sure that in formulating policies the authorities engage properly with all relevant stakeholders, including port authorities, inshore fishers and so on.

In his Amendments 91, 98 and 99, the noble Lord distinguishes between the UK’s six-mile limit and its exclusive economic zone. He quite is right to challenge the Bill on its localism provisions.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank noble Lords for this short debate on a topic of real interest, but I believe that we can cover elsewhere the concerns that have been raised.

I am grateful to the noble Lord, Lord Teverson, for his amendments, which would involve a proposed English advisory board and other boards in the process of preparing fisheries management plans. Such boards, as well as the IFCAs, would be involved in the determination of UK fishing opportunities. I understand the intention of noble Lords fully to involve local stakeholders in England in decisions that affect them, such as the development of fisheries management plans and determination of fishing opportunities.

The noble Lord, Lord Teverson, asked how we would achieve this. We intend to collaborate closely with local fishermen and stakeholders, who will often have the best understanding of their area. However, a statutory advisory board is not the most effective way to achieve such collaboration.

It is a long-established policy for the Government to consult widely on the use of statutory powers. Our provisions for fisheries management plans already require consultation through Clause 8 and Schedule 1. Fisheries policy authorities are required to consult with interested persons and have regard to their views when publishing the final plans. These interested persons will catch a wider range of stakeholders than those who would be required to sit on the English advisory boards according to this amendment.

I know that noble Lords are aware that fisheries management is complex. Our provisions for fisheries management plans need to have sufficient flexibility in design to ensure that we achieve our aim of fishing our stocks sustainably, wherever they live in our waters. Many stocks targeted by local fishermen in England are not restricted to their local area and, depending upon location, may be shared with devolved Administrations or neighbouring coastal states. Fisheries management plans will need to deal with specific geographic coverage of stocks. Plans must cover both inshore and offshore areas, possibly at the same time. They should not be restricted to administrative boundaries or ports.

The amendment would establish new bodies with defined formal responsibilities in the development and implementation of fisheries management plans. Public and private bodies, along with groups of individuals, would be required to field representatives to these advisory boards. The operation of the boards as set out could require a significant resource commitment from their members, and I do not think it is appropriate for the UK Government to place formal obligations on private individuals joining a board dealing in fisheries management. Local authorities would be given the responsibility to resolve any conflicts in finalising the membership of advisory boards, which seems inappropriate for a local authority.

The IFCAs already have sustainable fisheries duties under the Marine and Coastal Access Act and are required to consult formally on management measures. IFCAs produce management plans for species within their districts, working with local fishermen to achieve the best outcome. Each IFCA comprises members from relevant local authorities, general members representing local organisations, and statutory agencies. Requiring an IFCA to work with the proposed advisory board that itself will have representatives from some of the bodies on the IFCA has the potential to create conflicts of interest and operational problems. Adding this responsibility will create a further burden on the IFCAs themselves and local organisations.

The UK Government support last October’s Future of Our Inshore Fisheries conference organised by Seafish. Fishermen and stakeholders discussed themes such as greater collaboration and the devolution of decision-making responsibility. I highlight that Amendment 64 as drafted would give boards statutory responsibility to prepare and publish plans. We cannot pass the responsibility for developing statutory policy that imposes legal requirements on the Government and relevant authorities to an advisory board.

Amendments 91 and 98 would include the IFCAs in Clause 24—the clause that addresses the determination of fishing opportunities—and Amendment 99 would include the advisory body as a consultee on the determination of fishing opportunities. Clause 24 sets out the duties that will apply to the Secretary of State when determining UK fishing opportunities. It does not relate to the subsequent allocation of these opportunities to the fisheries administrations or to their distribution to the fishing industry. The aim of this clause is to ensure that, as far as possible, the interests of the whole of the UK are taken into account when the UK’s fishing opportunities are set.

I accept that the quota system is complex. However, enabling the IFCAs to determine fishing opportunities separately alongside the existing allocation methods could lead to confusion and inconsistency in allocation and put the UK at risk of breaching its international obligations and sustainability commitments.

If the objective is to enable English IFCAs to manage certain parts of the English quota pot, this is currently done by the Marine Management Organisation for vessels under 10 metres. The MMO manages a system of closures in English waters to help manage, for example, the cod effort in the eastern Channel. I note what the noble Lord, Lord Cameron, said about the lack of regard in which they are held. We note what was said; we have other information.

Inshore fisheries and conservation authorities play a key role in the management of inshore fisheries and can already make by-laws under Section 156 of the Marine and Coastal Access Act 2009 to limit the amount of sea fisheries resources a person or vessel may take in a specified period, and the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

To provide reassurance around the need for statutory engagement with stakeholders in the setting of fishing opportunities in relation to Amendment 99, in England, Defra and the MMO already regularly engage fishing industry representatives, and those with a wider interest, on fishing opportunities through a number of different routes. This engagement starts when the scientific advice arrives ahead of the annual negotiations. Industry is also engaged and consulted when changes are proposed to the allocation of fishing opportunities. Engagement continues through the subsequent management over the fishing season. In the UK Government’s fisheries White Paper, we committed to additional quota gained through negotiation being allocated in a different way. Engagement with the devolved Administrations on the intra-UK allocation has begun. Defra conducted a call for evidence in relation to the allocation in England last year, with more engagement planned.

With this explanation, I hope that the noble Lord, Lord Teverson, is reassured that our fisheries management plans and approach to quota setting will provide sufficient opportunity for appropriate and local engagement, and so will feel able to withdraw his amendment.