Fisheries: London Convention—Withdrawal

Lord Hannay of Chiswick Excerpts

Thursday 11th January 2018 Lords Chamber

Asked by

[Lord Hannay of Chiswick]

To ask Her Majesty’s Government under what authority they notified on 3 July 2017 the United Kingdom’s decision to withdraw from the London Fisheries Convention of 1962; and what account they took of the provisions of the Fishery Limits Act 1964 and of European Union Regulation 2371/2002 before making that decision.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the London Fisheries Convention provides access to fish in UK territorial waters from six to 12 nautical miles. Similar provisions appear in the common fisheries policy. Article 15 of the convention permits parties to withdraw with two years’ notice. The UK gave notice on 3 July 2017, using prerogative powers. Before making this decision, we considered all relevant legislation, including the 2013 regulation that replaced the 2002 regulation and the 1976 Act that replaced the 1964 Act.

[Lord Hannay of Chiswick (CB)]

My Lords, I thank the Minister for that Answer and for his courtesy in fielding a number of importunate questions on this matter from me over recent months. He started by trying to answer a lot of questions that I did not ask, but he has now answered the question that I did and told us that the royal prerogative has been used for this purpose. I wonder whether he thinks that is a trifle risky, given the Government’s experiences in the Supreme Court over Article 50. It is quite clear that the Fishery Limits Act 1964, which came after the conclusion of the London convention, was designed to take into domestic law the provisions of the London convention. On 15 June 1964, when introducing the Second Reading of that Bill, the then Minister of Fisheries said:

“The purpose of the Bill is to establish the fishery regime in our waters for which the Convention provides”.—[Official Report, Commons, 15/6/1964; col. 946.]

[Noble Lords]

Too long.

[Lord Hannay of Chiswick]

Sorry; I thought that the Minister might wish to be reminded of what one of his predecessors at the Dispatch Box said. My question is this: does that not make the situation even more risky due to the way in which the Government have acted without a parliamentary process?

[Lord Gardiner of Kimble]

My Lords, I assure noble Lords that a great deal of consideration went into this matter. For instance, the Supreme Court made it clear that an Act of Parliament was not required where a treaty did not grant individual rights. We decided that we should trigger article 15 to give complete clarity, so that when it comes to us leaving the common fisheries policy we could have a clean slate on which to negotiate for all our waters. We are talking about between six and 12 nautical miles, but it is in the 12 to 200 nautical mile median line that the vast bulk of fishing takes place. The 1976 Act provides Ministers with the power to designate which countries can fish in UK waters. We are all looking forward to the negotiations, so that we can have sustainable fishing.