Fisheries Bill [HL]

Lord Selkirk of Douglas Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 11th February 2020 Lords Chamber

[Lord Selkirk of Douglas (Con)]

My Lords, it is refreshing and a great pleasure to follow a distinguished former Lord Chief Justice of England and Wales, who has a reputation for justice and fairness. I hope that the Minister will consider his wise words with care.

There is no doubt that the negotiations between the Government and the European Union to secure the future of the United Kingdom’s fishing industry after we leave the common fisheries policy are one of the trickiest and most challenging aspects of the trade talks now beginning. They will require cool heads all round and, on the Government’s part, a steely commitment not to let down our fishing communities. Hopes and aspirations in this iconic industry are high, from Peterhead to Cornwall, and what a blow it would be if they were dashed by some financial trade-off. That is not to mention the political gift such a perception would be to some, who would seek to ruthlessly exploit it to further damage the union, as their eventual aim is to destroy it altogether.

In stark economic terms, the UK fishing industry may be responsible only for around 1% of GDP but it has an emotional hold on the hearts of this island nation. In this respect, I hope that during the forthcoming talks with the EU, Ministers will keep in mind that famous definition of a cynic in one of Oscar Wilde’s plays:

“A man who knows the price of everything and the value of nothing.”


It is indeed the case that the intrinsic value to the United Kingdom of these small but indomitable communities can never be assessed simply on a spreadsheet.

The Bill we are debating today sets out a new framework for managing our fisheries in a sustainable way as the UK emerges as an independent coastal state after over 40 years of being inside the EU’s common fisheries policy. It also details welcome plans for how the UK will take into account the impact of climate change on the health of the ocean and indeed our entire planet. The Scottish Government are unlikely to show a great deal of appreciation, but it must be drawn to their attention that the Bill also gives important new powers to the devolved Administrations to help conserve and enhance the marine environment, and conservation is of course enormously important.

When I first spoke on this subject some three years ago, I acknowledged that some compromises might have to be made in the interests of the fishing industry’s sizeable export trade—70% of the catch goes to European markets. However, it is unfortunate that some EU countries seem to want the UK to concede that their access to our fishing grounds should remain very much as it is at present. Setting out their template for talks, their negotiator, Michel Barnier, has said that he wants to uphold EU fishing activities and that any agreement should

“build on existing reciprocal access conditions.”

This clearly cannot be the case, as the Bill removes the EU’s automatic right to fish in our waters. It is to be hoped that the Government will stick to their commitment for annual negotiations to be held, resulting in improved quotas for our boats and the licensing of access for foreign fishing vessels to the United Kingdom. These would be based not on historic quotas but on scientific data about sustainable catch levels. It is a system strongly supporting conservation, which has already been put into practice by Norway, Iceland and the Faroes. At the same time, the Government have to bear in mind, during the talks, that any barriers and tariffs erected because of UK divergence from EU regulations and standards would be bad news for those who need to get their fish and other seafood produce swiftly to the available markets.

There is also the problem that the EU is insisting that negotiations should be inextricably linked to the wider trade talks. The Government are adamant that this will not be the case, and rightly, in my view. We are dealing with a situation on which an expression has been made by no less a person than Barrie Deas. He issued a statement of powerful wording, which he sent to me this morning. He said:

“We have a once-in-a-generation opportunity to secure a better deal for the UK fishing industry and revive coastal communities across the country. The Government must not backdown on their promises to UK fishermen. If it does, many of the objectives that the Fisheries Bill is aiming to achieve will be impossible”.


He is chief executive of the National Federation of Fishermen’s Organisations.

Speaking previously, I stressed the totemic nature of the United Kingdom’s fishing industry and spoke of the sheer spirit and bravery shown over the years by those who work at sea, as well as the dangers faced. As an example, at Eyemouth, down the coast from where I live, a starkly poignant granite memorial depicting a broken mast commemorates that Black Friday when, on 14 October 1881, a terrible storm took the lives of 189 men from the port and left 267 children without their fathers.

Last week, the Prime Minister chose to set out the Government’s vision of its post-Brexit future economic relationship with the EU amid the splendour of the Painted Hall of the Old Royal Naval College in Greenwich. He spoke of the United Kingdom being “on the slipway”, recalled our “seafaring ancestors” and claimed we are now embarking “on a great voyage”. We must hope that all those who ply their trade in our historic fishing communities around the United Kingdom will still share that same spirit of optimism and of new beginnings once the trade talks with our European neighbours have concluded.

Fisheries Bill [HL]

Lord Selkirk of Douglas Excerpts

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

[Lord Teverson]

My Lords, I shall also speak to Amendment 46. I was surprised that the Minister seemed to give the impression that we were saying that the British fishing industry or this sector had a bad reputation, or that we were somehow denying that it was trying to obtain sustainability. I do not think that anybody in the Chamber has said that at all. However, that provides a good introduction to this amendment.

One of the things that the UK did, as part of the European Union, was to help reform the common fisheries policy quite successfully in all sorts of ways. The landing obligation was one of those reforms, which I am delighted the Government are still pursuing post Brexit, and so was the issue of regionalisation—an area of fisheries management that the UK always pursued in the Council of Ministers. In the last major reform of the common fisheries policy, we achieved regionalisation to a large degree.

Why did we do that? Why was that important? Well, as the noble Lord, Lord Krebs, referred to, a large proportion of our commercial, and indeed other, species are not confined to the UK EEZ. As he said, spawning grounds, for instance, are more likely and more often to be found elsewhere rather than in our exclusive economic zone. What that means—and this is stark-staringly obvious—is that we have to continue co-operation to manage these stocks because, if we do not, it will not work.

A key difficulty with this Bill for me is that, to a degree, it asks for three fictions—or three novels—in the form of the two documents on sustainable fisheries, which we will continue to talk about, and also, particularly, the fisheries management plans. I welcome the Minister’s offer to talk about those, because I do not think the Bill is very clear about what these plans are trying to do. However, one thing that I am sure about is that the fisheries management plans need to take into account the total circulation of the fish, or other marine animals, in the areas that we are trying to manage. If we do not do that, the plans are a waste of time; they are just not going to work.

This amendment says that there has to be an obligation—of course, all our international obligations are general rather than specific, so they would not work sufficiently in terms of the detail that I would see in the management plans—to do our best, or a best endeavours obligation on the fishing authorities, to come to agreement with other non-UK authorities that are in charge of those fish stocks that are within that management plan, so that we have a holistic plan for the range of those stocks. I cannot think why we could not do that, but I do not believe that the international obligations are specific enough for there to be a need to do that at management plan level. There is a general obligation; it is not a specific obligation.

That is why my amendment proposes that fisheries authorities, in bringing those management plans together, have to try to reach agreement with other coastal states or member states of the European Union. It is not compulsory—clearly, agreement might not be reached—but, equally clearly, those others will want that same result. This will not be part of the Brexit negotiations, so it is not around high negotiation; it is around practical effect, once we are out of the common fisheries policy and we are into our future relation. There is not some great negotiation point here; it is a matter of trying to achieve all the goals in those objectives, all of which will be largely impossible to achieve if we do not have management plans that co-ordinate with those of adjacent coastal states.

That seems to me to be a complete and clear proposition—one that not just biologists but anyone who has been involved in this area would recognise—and I hope that the Minister will find a way of getting this aspect into the Bill. I say once again that, without this aspect, we are looking at a Bill that talks about management plans that become a fiction. I beg to move.

[Lord Selkirk of Douglas (Con)]

My Lords, I wish to speak to Amendments 57 and 58, which were put down by my noble and learned friend Lord Mackay of Clashfern.

The premise I start from is that conservation and sustainability are essential if we want to conserve all kinds of fish for the good of our planet and as a legacy that we can be proud of for the future generations who will inhabit it. To achieve such success for the future, we need both clear, co-ordinated objectives and detailed management plans working in concert. The changes proposed will improve the coherence between the objectives contained in the detailed management plans. These plans will have to include an explanation of how the overarching objectives of sustainability and marine conservation have been interpreted and applied.

I ask the Minister to give more details on the operation of these new management plans and how they will co-exist alongside other co-management initiatives, which already exist in the industry. For example, the shellfish advisory group is engaged in such an arrangement, and this can be built upon.

We also believe that, within six months after the passing of this Bill, the Secretary of State should issue a consultation on the design and creation of these management plans. Can the Minister tell us a little more about the Government’s long-term vision for the future of this very special industry?

On the remarks made by the noble Lord, Lord Teverson—who, if I may say so, was an excellent chairman of the EU Energy and Environment Sub-Committee, on which I was privileged to serve—I believe what he said is essentially right, in that every interest should look at this issue with a considerable sense of realism. In his speech, he pointed the way to a meeting of minds, which I believe and hope very much will come into existence. Surely, it should not be beyond the wit of humankind to come to a meeting of minds on this subject.

[Lord Mackay of Clashfern]

My Lord, perhaps it is as well that I should speak to my amendments, in view of the fact that my noble friend has done it already. These amendments are an attempt to deal with the point that the noble Lord, Lord Cameron of Dillington, referred to earlier.

Amendments 57 and 58 which I have put forward—my noble friend Lady McIntosh of Pickering has also signed up to the first one—would require the fisheries management plans to explain how they are implementing, or taking account of, the objectives in a way that we can understand. I think that that is a reasonable obligation. It is not a legal obligation in quite the sense that the noble Lord, Lord Cameron, was talking of in the earlier amendment, but I think that these objectives are intended to form part of the structure of the management plans. Therefore, the test is whether, on a proper examination of the management plans, we can see how these objectives have been implemented.

Amendment 58 would require the Secretary of State to set out procedures for arriving at these management plans, including consultation on how this should happen. He would then be able to go forward with a procedure which will implement the objectives within the management plan.

My other amendment in this group, Amendment 125A, would require the Secretary of State to make a statement about the economic benefits of this system to the United Kingdom in pursuance of the national benefits objective. Management under that objective requires social and economic benefits. I venture to think that it would be right for the Secretary of State to apply his mind in time, just at the end of the first year, to explain how he hopes to achieve economic benefits as a result of the arrangements made under this Bill for fishing in United Kingdom waters.

I strongly support what the noble Lord, Lord Teverson, said about the need for co-operation with other authorities that have responsibility for stocks which we share with them, for the obvious reason that, unless there is such co-operation, there is no real management of the whole stock. As the noble Lord said, it is absolute common sense to do that. It is not quite a matter for the negotiations over Brexit; it is about practical arrangements for ascertaining what is required in respect of these stocks.

Coming back to a point that the noble Lord, Lord Teverson, made earlier about equal access arrangements, as I understand the Bill, the equal access arrangements are about the actual movement of fishing boats. The quota system controls the catch. If one looks at what the Bill says about equal access, it is pretty plain that, for example, you are not tied to your home port; you can go somewhere else. If you think that there is a better bargain in Peterhead than in Grimsby, you can go there. Conversely, of course, if you fish in Scotland and think there is a better bargain in the south, you can go there, but you cannot drop your line to bring fish out of the water as you go through English waters if you do not have a quota for that. If you are licensed for Scotland, you have to exercise your quota rights there. That is the way that I have understood it. I may be completely wrong, but it looks to me as though that is the way the Bill is framed. That goes back to a previous discussion.

So far as my amendments are concerned, they are intended to incorporate the objectives into the plan in a way that anybody can reasonably understand. That obligation would be a practical obligation in respect of these objectives. We cannot expect any authority to implement all of them; it will depend a bit on the nature of the arrangements. Incorporating them in a way that is explicable and explained in the management plans is the way forward. I would like to know in due course what the Government think about these amendments.

--- Later in debate ---

I do want—and look to my noble friend to offer—assurance about the way in which the Government and the fisheries policy authorities will go about the processes of securing representations at the right time from the right people. I beg to move.

[Lord Selkirk of Douglas]

My Lords, if nobody else wishes to speak, I want to do so on behalf of my noble friend the Duke of Montrose, who unfortunately could not be here today but who gave me permission this morning to speak to his two amendments in this group, 40 and 47.

Amendment 40 states:

“If, in the light of a review, the fisheries policy authorities conclude that changes are not required to the JFS, they must prepare and publish, as soon as reasonably practicable, a statement setting out the reasons for that conclusion.”


My interpretation of this is that if, in the light of a review, the fisheries policy authorities conclude that changes are not required to the joint fisheries statement, they must prepare and publish as soon as practicable. In other words, there must be as much openness as possible in the statement setting out the reasons for that conclusion.

Amendment 67 states that the period should be

“not less than 28 days”.

This means that the facts must be realistically and correctly stated in the document that would be issued. This decision ensures that the scrutiny period for consultation on the joint fisheries statement should be long enough to ascertain all the facts. It is a safeguard that should be supported, and I submit that it is in the interests of everyone involved. The purpose is to prevent a conclusion being rushed out when all the scientific evidence may need to be taken into account for the cause of sustainability.

I do not think there is anything more I can adequately say on this subject, as the facts speak for themselves.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I am grateful to the noble Lord, Lord Selkirk of Douglas. I too was going to speak to Amendments 40 and 47 on behalf of the noble Duke, the Duke of Montrose—the Law Society of Scotland had sent me a very extensive briefing—but the noble Lord has made all the points that I would have made.

On issue of the 28 days, we have Amendment 69, which mirrors Amendment 67. The Bill currently requires each of the fisheries policy authorities to specify a period for scrutiny of the consultation draft of the joint fisheries statement, but no definition is set out in paragraphs (3) and (4) of Schedule 1. There is no timescale attached to the definition, and it is important that we have one.

The Bill provides that each fisheries policy authority must specify a period for scrutiny of the consultation draft by the appropriate legislature. To rectify this, we propose a minimum period of 28 days if scrutiny must be undertaken. That is important, so I echo what was said by the noble Lord, Lord Selkirk.