Fisheries Bill (Fifth sitting)

Owen Smith Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 11th December 2018 Public Bill Committees

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

It is a pleasure to start with this very important clause, which sets out our sustainability objectives. I hope I am able to reassure hon. Members that the two amendments are unnecessary because of other provisions in the Bill.

The fisheries administrations are already covered by the joint fisheries statement and, in the case of England, the Secretary of State’s fisheries statement. Clause 2 sets out a clear requirement to publish a joint fisheries statement explaining how we intend to achieve the objectives set out in clause 1. Clause 6(1) contains a requirement that the functions of national authorities must be carried out in accordance with the joint fisheries statement.

One of my issues with amendment 36 is that it uses the words “must have regard to”. I believe that the structure we have put in place—with a joint fisheries statement that explains in great detail how we intend to achieve the objectives, is regularly reviewed, can be updated when circumstances change, and must be followed—is more powerful than saying simply that authorities must have regard to the objectives. We want this to be an obligation that we seek to follow in the best possible way, while recognising the complexity of the marine environment and how things are subject to change.

[Owen Smith (Pontypridd) (Lab)]

Is part of the problem, as we heard during the evidence sessions, that other Administrations do not necessarily have to follow what is set down in the joint fisheries or ministerial fisheries statement—they merely need to explain why they departed from it?

[George Eustice]

That provision is only for a force majeure event such as a major crisis or something that would require an Administration to move outside the plan, and they would have to explain why that had happened. The requirement to follow the joint fisheries statement applies equally to all Administrations in the UK and it is legally binding.

Other public bodies—for example, the inshore fisheries and conservation authorities—are already covered by legislation, and those obligations are set out in the Marine and Coastal Access Act 2009, which was introduced by the previous Labour Government. Section 153 of that Act sets out clear duties for IFCAs to

“seek to ensure that the exploitation of sea fisheries resources is carried out in a sustainable way…seek to balance the social and economic benefits of exploiting the sea fisheries resources…with the need to protect the marine environment from…the effects of such exploitation”,

and finally to take any other steps that are necessary for sustainable development. Obligations for the IFCAs are therefore already covered by the 2009 Act.

[Owen Smith]

I am grateful for the Minister’s explanation, but I do not really understand what he means by force majeure events. This seems to me to be quite simple. Clause 6(1) states:

“A relevant national authority must exercise its functions…unless relevant considerations indicate otherwise.”

I would be grateful to know what “relevant considerations” might mean, because that seems to be fairly broad criteria. Clause 6(4) states simply:

“If a relevant national authority within subsection (5)(a) or (b) takes any decision in the exercise of its functions…otherwise than in accordance with the policies contained in an SSFS that are applicable to the authority, the authority must state its reasons”.

[The Chair]

Order. We might discuss that matter when we consider clause 6, rather than now.

[Owen Smith]

The Minister mentioned clause 6

[The Chair]

Order. The fact that the Minister mentioned clause 6 is not a good reason to question the Chair’s decision on the matter.