Fisheries Bill [HL]

Lord Teverson Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords & Ping Pong (Minutes of Proceedings): House of Lords
Thursday 12th November 2020 Lords Chamber

[Lord Krebs (CB)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Randall of Uxbridge, who explained the purpose of his amendment so clearly. I can be brief on Motion 1B, because I believe—and I will come back to this—that the Minister agreed to the point of the amendment in his opening speech. The rationale of my amendment, like that of the noble Lord, Lord Randall of Uxbridge, is to ensure that the Bill places primacy on the environmental sustainability of fish stocks and the marine environment.

My amendment explicitly put environmental sustainability as the primary fisheries objective when I tabled it on Report. It was rejected by the Government because, it was argued, sustainability is a three-legged stool. It is about the environment, but it is also about the economy—the livelihood of fishers—and communities. I accept that sustainability is a three-legged stool. Amendment 1B asks how the three legs will be balanced against one another. Like the noble Lord, Lord Randall of Uxbridge, I wish to see transparency in how these calculations are done. As he said, we must avoid making the same mistakes that we have made in the past. We do not need to repeat the arguments that we have heard many times during the passage of this Bill, that many fish stocks, not only in European and UK waters but in other waters around the world, are heavily overfished because short-term gain has always been put ahead of sustainability—the livelihoods of fishers today put ahead of the lives of the fish tomorrow. I am asking the Government to show us their workings. If they are going to balance these three elements of the stool, they must show us how. How have the joint fisheries statements balanced the three legs of sustainability, along with the other fisheries objectives?

In his opening remarks, the Minister answered this. I listened very carefully and wrote down what he said, which was that the joint fisheries statement will include an explanation of how the fisheries policy authorities have sought to balance the individual components of the fisheries objectives, including, importantly, the three elements of the sustainability objective, which is exactly what my amendment was asking for. Furthermore, he said that the fisheries authorities would also give the reasons why their balancing of these different elements of the objectives, including the sustainability objective, is the most appropriate way of meeting the sustainability objective. If the joint fisheries statements follow the indication that the Minister has given, we will end up with transparency, we will all understand the workings and we will understand that if sacrifices are being made in the short term to the marine environment on behalf of the livelihoods of fishers and their communities, we will at least know that this has happened, and why it has happened, which will be a significant step forward.

Like the noble Lord, Lord Randall of Uxbridge, I pay tribute to the Minister, his officials and the Secretary of State in the other place, for their very patient listening. I too have been a thorn in the side of the Minister and his officials. I apologise, but through these prolonged discussions over many months, we have improved the Bill and the surrounding commentary from the Minister at various stages. In thanking him, and in speaking to my amendment, I also support the amendment moved by the noble Lord, Lord Randall of Uxbridge. No doubt when we hear from the noble Lord, Lord Teverson, I shall support his amendment. I had the great privilege of serving under his chairmanship on the EU Energy and Environment Sub-Committee, where we spent many hours cogitating and hearing evidence on remote electronic monitoring.

[Lord Teverson (LD)]

My Lords, I remind the House of my interest, as chair of the Cornwall and Isles of Scilly Local Nature Partnership. I will speak to Amendments 14A and 14B in my name, but I shall first refer to some of the other amendments. It is excellent to follow the noble Lord, Lord Krebs, to whom I give all credit for his persistence in ensuring that this matter around objectives is not allowed to rest. I hope the Minister will give the noble Lord the assurances that he needs.

I will not go on about it after this, but I must say that the Government have made it quite clear that this Bill is the first time for 40 years or more that we have been able to have our own fisheries legislation—fundamental primary legislation—in this House and in the other place. There are good things in it, and I am delighted that the Government brought it forward, but they should have had more courage to make it, in the Prime Minister’s words, a world-beating and ambitious Bill, rather than one that takes us half way to the destinations we need to reach. I give it credit for where it has got us, but it could have gone further, which is why I am disappointed that the four amendments that this House sent to the other place were effectively rejected.

Regarding the ordering of the objectives of fisheries plans and management, by giving all those objectives equal status, there are a number of escape clauses to avoid the difficult decisions with the fisheries industry around setting tax and quotas. I suspect that we will not have a fundamental fisheries Bill for many years now, so these escape routes will cover future Governments as well as this one. Whatever reassurances we have now, we cannot be certain that they will be carried forward by future Secretaries of State or Governments. That is why I am so sad that we are repeating the mistakes of the common fisheries policy. However, I will move on, and if the noble Lord, Lord Krebs, is happy with the Minister’s response, I give it full credit.

I thank the Minister for mentioning the Cornish Fish Producers’ Organisation. From what he says, I suspect that he has been in contact with it. It is great at promoting not only fishing activity but the whole supply chain and the excellent provenance of Cornish fresh fish products.

Going through a couple of those other amendments that we have not talked about so much and do not have counterproposals for, I recognise that the Government are moving ahead on the obligations regarding the proportion of fish landed, which I take positively. However, on the redistribution of quotas, I still want to understand from the Government, given the large foreign ownership of those stocks effectively through British companies, how the Government will resolve those issues and ensure that British fishers will still be the main beneficiaries of that extra quota, which comes from greater control over our EEZ, and not foreign owners of British companies. Will the National Security and Investment Bill, newly introduced in the other place, be a method by which we protect this resource for British fishers? Is that an intention of this Government? It deserves that level of interest, given the potential application of the legislation. Otherwise, we gain the EEZ, we go through difficult negotiations with the EU, and then we give it all away again. How do we ensure that we do not do that?

Coming to my own amendments on remote electronic monitoring, I very much welcome the Government having quickly put out a call for evidence. This will lead to a consultation, and I am also pleased that the Government have given a timetable for that, although it is not until next year, and clearly, even though we are almost into next year, the evidence has yet to come in.

I am slightly disappointed that there is still quite a bit of caution. Clearly, we have to take notice of the evidence that comes in to that call, but there seems still to be no understanding that REM is the way forward. It is the only technology to gain the right data and ensure that enforcement is effective. Sure, some of that might change, but it will change through the software and the way that information is used or processed; it will not be the technology itself—the technology will just get cheaper and easier to use.

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[Lord Gardiner of Kimble (Con)]

My Lords, as your Lordships will have seen in my letter of 3 November to all Peers, the House of Commons agreed a number of changes to the Bill. I hope my letter was helpful in setting out the reasons for those changes.

Amendment 2 extends the timeframe for the publication of the joint fisheries statement from 18 months after Royal Assent to 24 months. This change was necessary due to the delays in the passage of the Fisheries Bill, mostly, latterly, as a result of Covid-19. Had this amendment not been made, key stages of the drafting and adoption processes would have fallen within the pre-election periods for all three of the devolved legislatures, and so they requested we make this change. We believe it would not be appropriate to be making potentially new policy decisions as part of the JFS drafting process during any pre-election period.

Amendment 5 expressly allows the publication of personal data relating to funding recipients, and Amendments 66, 67 and 68 make equivalent provision in relation to the devolved Administrations’ funding powers. There should be transparency when public funds are made available. The publication of such data is in the public interest and facilitates fraud deterrence and detection. The publication of data on grant beneficiaries was raised during the development of our future funding scheme, and this amendment expressly addresses this concern.

Amendment 77 and the consequential Amendments 13 and 27 strengthen existing legislative protections for seals in England and Wales and in Northern Ireland. The amendments greatly restrict the circumstances in which any intentional killing of a wild seal is lawfully permitted. We have, however, retained important exemptions: it will, for instance, still be lawful to euthanise a wild seal suffering from catastrophic injury, pain or disease.

These changes are necessary for the UK to comply with new import regulations being implemented in the United States of America. From January 2022, the United States will only allow imports of fisheries products from countries that do not allow the killing, injuring or taking of marine mammals as part of commercial fisheries. Not complying with this requirement would result in a significant loss of export revenue for the United Kingdom. In 2019, wild-capture exports to the United States were worth approximately £13.3 million.

Given the possible impact of this change on the catching sector, Defra undertook a targeted consultation in England before committing to any changes. Defra also agreed to legislate on behalf of the Northern Ireland Executive, and their respective legislative regime for seals needed time to be worked through. For both these reasons, this amendment had to be introduced at a later stage in the Bill’s passage.

Both environmental non-governmental organisations and parts of industry have responded positively to this change in legislation. The Seal Research Trust said this would improve the welfare of seals. Parts of industry highlighted the potential future importance of the US market.

Amendments 98 and 100 extend specific existing exceptions from landing obligations in the north-western waters and the North Sea respectively so that they apply until 31 December 2021. Two new exemptions are also introduced relating to Norway lobster in the North Sea, replacing an existing exemption and an exemption for plaice in the North Sea that will also be implemented by the EU from January.

These exemptions are supported by scientific evidence collected by the EU’s Scientific, Technical and Economic Committee for Fisheries, which we considered with our world-class scientists in Cefas. We have been clear that scientific evidence will underpin our future fisheries management policies. This particular science and analysis were only available after Report stage in your Lordships’ House.

The other part of Amendment 100 enables the UK to adopt its own conservation measures for North Sea cod from next year, which will apply to all vessels fishing in UK waters by revoking provisions in retained EU law.

Turning to the more minor and technical amendments agreed by the other place, Amendment 8 inserts “sea fishing” to clarify the scope of regulation-making powers under Clauses 36 and 38. Amendment 17 makes a small change to the definition of “minimum conservation reference size” to make clear that it aligns with the widely accepted approach. Amendment 28 removes the Lords privilege amendment. This is a routine procedural issue. Finally, Amendments 78 and 79 update references to two regulations that have been replaced.

The Bill has been enhanced by these changes, ensuring we have the necessary legislation in place to develop our approach to future fisheries management. I beg to move.

[Lord Teverson (LD)]

What a delicious irony, as the noble Baroness, Lady Jones of Whitchurch, said. We were told that this Bill could not be amended by ourselves due to devolution—look at all the amendments here—and now we have found out the United States can change this Bill but we cannot. It is a great irony, and interesting arguments about territoriality are coming out. What is interesting is that there is no better ammunition than this to show, if we have a trade deal with the United States, that we should not be having chlorinated chicken or the other things we talk about, given that we have had to concede on seal welfare—not that I do not welcome sea welfare.

What I welcome in particular is the transparency element that comes in. This is important for making it absolutely clear who receives grant schemes or other schemes to help the industry, as any other industry, and how those are received, so we can have a good audit of that process. I welcome that very much.

In terms of the landing in north-west waters, that is an illustration where I agree with the Government. There has to be pragmatism around how we operate the landing of fish. That is why making the detail of that in future, as we discussed in the last group, will be quite complex but essential. Do I take it from that that the exemption is for only one year? Is that exemption there only until the Government have decided what the broader landing rules are? That is my real question.

[Lord Grantchester (Lab)]

I thank the Minister for his introduction to this group of amendments and for the letter dated 3 November explaining the Commons amendments to your Lordships’ House, where the Bill started. Many of these amendments followed up on suggestions and inquiries initiated here, which the Government have had time to consider further during the Summer Recess, including in several consultations.

Once again, this House had a serious impact, delivering improvements to government legislation. These amendments provide examples of that work and could be categorised as important but may be more minor policy changes, drafting improvements and corrections.

Amendment 2 is one such amendment where, following probing, the initial provision for publication of the joint fisheries statement was set at 18 months after Royal Assent. The new proposal is to extend this to 24 months, as the noble Lord said. The pandemic and a succession of pre-election purdahs have resulted in slippages. I am glad that the Government have been able to be realistic—something it is often difficult to praise them for. However, having said that, it is frustrating that we will not get to see the outcome of that process for quite a while. Perhaps the Government will not need all the extra time that they have given themselves; we remain ever hopeful.

Amendment 5 is another example where, following debates and then amendments in the Agriculture Bill, the Government have come forward to provide explicit clarity that this extra provision does not contravene compliance with data provisions in the GDPR. We welcome this consistency and Amendment 66, regarding Scotland, Amendment 67, regarding Wales and Amendment 68, regarding Northern Ireland, which follow up with the devolved Administrations.

Amendments 13 and 27 and new Schedule 9 in Amendment 77 on the conservation of seals would strengthen protections to comply with the US Marine Mammal Protection Act, as necessary before 1 March 2021 to be able to export fish products to America. While this provision gave rise to some controversy concerning seals specifically, I, like the noble Lord, Lord Teverson, pick up on the fact that to encourage exports the UK is prepared to change how it does business. However, when challenged on maintaining standards provisions on imported food in the Agriculture Bill, the Government claim that they cannot require compliance with UK provisions for imports. The shadow Secretary of State, Luke Pollard, mentioned trade from New Zealand, which does not have these added protections and from where we will continue to import product. Does the Minister see any double standard here?

He might like to dance on the head of a pin—we will enjoy that—saying that this compliance is with conservation of seals provisions, not food standards. What if there is any re-export of food products to the US? Alternatively, I recognise Monday’s conversion in the Agriculture Bill that, under CRaG amendments, it is now recognised that there will not be a non-regression of standards and the Government should no longer be peddling that line.

Amendment 17 is a further amendment of second thoughts on drafting. It would make a small change to the definition of “minimum conservation reference size” to specify individual fish in terms of their maturity size and not the size of the marine stock. We support this amendment and also support Amendment 8 in relation to sea fishing of boats. I note that Amendment 28 in this group removes financial privilege from the legislation as the Bill started in your Lordships’ House.

The remaining amendments are technical corrections and additions to Commission-delegated regulations, which will avoid further secondary orders. With those comments, we are entirely content with the amendments proposed.

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[Lord Teverson (LD)]

My Lords, I will not detain the House. I have a quick question that arose from a question from the noble Lord, Lord Grantchester. Will extending the timeframe of the joint fisheries statement to 24 months have a knock-on effect on fisheries management plans? I just want to check with the Minister that that delay will not cause everything else to be delayed. I apologise for not asking this earlier.

[Lord Gardiner of Kimble (Con)]

My Lords, so that I do not mislead the noble Lord, I will write to him about that. Triggering work on the fisheries management plans is another stream of work; a response may come. As it has not, the easiest thing is for me to write to the noble Lord. It is an important point and I am sorry that I do not have the answer before me.

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[Lord Gardiner of Kimble (Con)]

My Lords, four themes of the changes made by the Government relate to the Bill’s licensing provisions. I would like to make it clear why these changes were necessary and why they were made in the other place. Before I do so, I clarify for the noble Lord, Lord Teverson, today—if that is all right with your Lordships—that fisheries management plans will not be delayed and can be brought forward before the JFS is adopted. Clause 9 specifically provides for this. I am sorry; I should know the Bill better by now, but I hope that helps.

Government Amendments 11 and 26 are necessary to ensure we comply with the provisions of the treaty entered into with Denmark in 1999 on maritime delimitation between the United Kingdom and the Faroe Islands. That 1999 agreement provides for a special area in the UK exclusive economic zone, exclusively in Scottish waters, over which both parties exercise jurisdiction for fishery management purposes. The amendments to the Bill ensure that we can implement this treaty and meet that international agreement. They provide that Faroese-authorised foreign vessels can continue to fish in that area, which is 0.01% of the UK EEZ, without also requiring a UK licence. Were these amendments not made, we would not be able to implement the treaty, putting us in breach of our international obligations.

It was only through working on a new framework fisheries agreement with the Faroe Islands throughout this year that we were able to agree the approach to continued implementation of the 1999 treaty and to make these amendments. We have a very positive relationship with the Faroe Islands on improving the way the sea is managed and governed. International negotiations are reserved, but implementing international agreements, for example by licensing fishing boats, is a devolved matter. We have worked closely with officials and Minister Ewing in the Scottish Government, and colleagues across government, to come to an agreed approach that respects both reserved and devolved competence.

Amendments 44 to 63 introduce a contingency arrangement to issue approval for foreign fishing vessels more quickly and make a consequential wording change. The preferred approach is to issue individual licences to foreign vessels which, following negotiations, may fish in UK waters. Experience has shown that, sometimes, some annual fisheries negotiations can extend into the next fishing year. It could then take some time for the various parties to collate the information needed for the licensing process. During this time, fishing activities would be disrupted, which could cause unnecessary tensions. We do not want to exacerbate those tensions or disrupt fishing further. This is a pragmatic response to such a circumstance and has the support of the devolved Administrations.

To manage this, the other place agreed to introduce this contingency approach, which would allow approval to be issued for a list of vessels, rather than individual vessels. This approval would be faster, but time limited until individual licences can be issued.

Amendment 64 revokes legislation in England, Wales and Scotland made as a contingency in March 2019 in the absence of the Fisheries Bill and in anticipation of an earlier departure from the EU. The Northern Irish legislation has already been revoked. The Bill provides for the regulation of foreign boats fishing in UK waters if access is negotiated. All foreign vessels approved to fish in UK waters will need a UK licence. We waited until we thought we had certainty that the Bill would receive Royal Assent before the end of this year before making these amendments as its licensing regime replicates and supersedes that in the contingency SIs.

Amendment 99 and consequential Amendments 97 and 101 are clear examples of where close collaboration between the four fisheries administrations has proved invaluable in ensuring that the Bill is doing what it needs to. The amendment revokes Regulation (EU) 2017/2403 on the sustainable management of external fishing fleets, known as SMEFF. This regulation sets out part of the EU’s licensing framework. This is broadly similar to the UK’s framework for licensing so there is no need for a parallel regime such as SMEFF. I am grateful to Scottish officials for identifying the need for this change. That is why the other place agreed to revoke it.

Finally, on minor and technical amendments relating to licensing, Amendments 9, 70, 74 and 76 make minor changes to provisions that prevent powers in Clauses 36, 38, and Schedule 8 being used to modify the Bill’s licensing functions. Amendment 65 clarifies licensing transitional provisions. Two amendments were also made at the request of the Crown dependencies to Schedule 4, which deals with minor and consequential licensing amendments.

These are the changes that have been needed to the Bill’s licensing provisions and why they were brought forward in the other place. I beg to move.

[Lord Teverson (LD)]

My Lords, I thank the Minister, because I had never heard of this 1999 treaty before. It is quite important because we are in the ratification process of a UK-Faroes fisheries agreement. I will raise one or two things about this which perhaps the Minister can explain to me.

Commons Amendment 11 is very strict. It says:

“No prohibition, restriction or obligation relating to sea fishing imposed by any enactment applies to … anything done or not done by or in relation to a foreign fishing boat”


that is a Faroe Islands-regulated vessel. Given that this is our EEZ, that seems to take away completely our rights to inspect or apply any regulation whatever to Faroes vessels fishing within our EEZ within this special zone. That seems a very asymmetric agreement or condition, given that our own vessels presumably still have to do that. Having read the treaty very quickly, Article IV says that we have no rights of inspection whatever. I am sure that the Government have this worked out but I would like to be reassured that we have some way of making sure that this area is responsibly fished. Occasionally, we have our disagreements with the Faroes. We generally have a good relationship with the Faroes, and obviously with Denmark as the ultimate sovereign nation. However, a couple of years ago we had a strong dispute over fisheries there regarding a particular species, so there are examples of the Faroes and us falling out. I would appreciate the Minister’s explanation of that.

I wished to bring up one other matter but I will leave it at that. That is my key issue on this area and I hope that the Minister will be able to help me.