Immigration: DNA Tests

Paul Sweeney Excerpts

1st reading: House of Commons
Thursday 25th October 2018 Commons Chamber

[Sajid Javid]

My hon. Friend speaks with experience of these issues, and I strongly agree with her that mandatory DNA testing is not only unlawful but unethical. She raised the issue of confidentiality and mentioned a letter that she was sent as Chair of the Health and Social Care Committee. I should be happy to look at that and to respond to her fully.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

The Home Secretary has outlined a shocking and illegal breach of trust on the part of Home Office and immigration officials. He will, of course, be aware that the Home Office is the only Department of its kind in Europe that operates an arbitrary and non-limited form of detention. Under that system, 27,000 people were detained last year, 50% of whom were subsequently released. They included one of my constituents, Duc Nguyen, a Vietnamese national who is a victim of human trafficking and human slavery. It is against Home Office protocols to detain such people. Will the Home Secretary undertake to investigate whether coercive DNA-gathering practices have been taking place in detention centres under the Home Office?

[Sajid Javid]

The hon. Gentleman states that we have an “arbitrary” approach to detention; I strongly rebut that—we do not have such an approach. He should know that when anyone is detained, there must be a reasonable prospect of removal within a reasonable time. In recognising that improvements could nevertheless be made to our detention system, we commissioned the Shaw review, and as the hon. Gentleman may recall, I came to the House not so long ago to respond to the review and accepted many of its recommendations.

Fisheries Bill (First sitting)

Paul Sweeney Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 4th December 2018 Public Bill Committees

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

Q Clause 19 sets out that the Secretary of State must consult devolved Administrations and the Marine Management Organisation when setting total levels of catches and days at sea. However, the clause does not define the manner or rigour of that consultation, or indeed any other form of consultation with stakeholders or interested parties. Do you feel that there could be an opportunity to enhance the Bill and clause 19 with further definition of what that should entail?

Barrie Deas: That relates to the idea of an advisory council to run new ideas through a panel of experts—people who understand the complexities and nuances. It would be advisory. We understand that the job of Ministers and fisheries managers is to manage, but we think that an advisory council could add something, as it does in other countries—I would certainly recommend looking at the Australian model. It could make recommendations and provide advice on new legislation coming through. That is one of the areas where the Bill could be tweaked in the right direction.

Bertie Armstrong: In that clause, there is the little anomaly of adding the Marine Management Organisation. It is an organisation good and true, no doubt, but if you are talking about, as Barrie has described, a council of administrations, it is rather an ill fit for the MMO. Perhaps it would be a technical adviser.

Barrie Deas: To build on that point, when you see that consent is required from the Secretary of State, Ministers for Scotland, for Northern Ireland and for Wales, and then the MMO, which is the delivery arm of the Department for Environment, Food and Rural Affairs, it does seem, as Bertie says, an anomalous situation.

[The Chair]

I apologise to the remaining questioners, whom we have not been able to squeeze in. We have run out of time, bar a few seconds, so I shall simply say thank you very much to both witnesses for extremely useful evidence that will greatly add to our consideration of the Bill next week. Thank you very much for taking the time and trouble to come and give evidence to us this morning.

Examination of Witness

Andrew Kuyk gave evidence.

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[Peter Aldous]

Q Is there any scope for increasing exports outside the EU?

Andrew Kuyk: That is not really within my area of responsibility, because we are processors and traders. Quite a lot of that is exported as fish; it is not processed. You could argue from first principles that, as a UK industry, we should be getting more added value from that. Some of that fish is landed directly in EU ports. Although there is a market for that, you could argue that there would be greater economic benefit if we could get some of that value added and export.

There clearly are markets elsewhere in the world. We are a deficit market. Just a bit of propaganda for the fish industry: fish is a healthy, nutritious product, and is a renewable resource if managed properly and sustainability. There are a lot of people in the world for whom fish is their sole source of protein. There is a big demand for fish in the global trade, so there will be opportunities there, but as in any kind of market, it depends on how competitive you are. For the sorts of export that we have at the moment, which are predominantly fresh exports, not processed products, you have obvious barriers of distance. You would have to do something to make it a product that you could sell further afield. There is potential there, but going back to my earlier point it would require investment and to make the investment there has to be a sound business case.

[Mr Sweeney]

Q The Faroe Isles require boats fishing in their waters to land their catches in their ports, therefore benefitting their fish processing industry. Do you envisage similar provisions in the Bill to make that arrangement for Scottish ports?

Andrew Kuyk: I think that harks back to an earlier question. There is no surplus processing capacity to do that at the moment. You could legislate for what people have to do, in terms of where they land things, but I do not think you can legislate for how the processing industry or investors would respond to that opportunity. They might or they might not.

[Mr Sweeney]

Q As a supplementary, clause 28 mentions a grant scheme, which may be an opportunity.

Andrew Kuyk: Clearly, that would help solve the investment problem. Again, it would not be for me to pronounce on the use of public funds in that way for a particular sector of a particular industry, but if the Government chose to make grants available to do that, clearly that would help the business case for those kinds of investment.

[David Duguid]

Q I have anecdotal evidence that Dutch fishermen are currently catching about 80% of their small pelagic species in UK waters, and about 90% of that is being exported, with minimal processing, straight to west Africa. What can we do in this country to essentially cut out the middleman and make sure that the UK fleet is able to catch, land and export straight to these third countries?

Andrew Kuyk: Again, that is straying outside my territory as representing processors and traders. Your previous witnesses would be involved in that. Without going into the history too much, the Committee will be generally aware of the ability of people to buy quota and so on; it was freely sold and it was freely acquired. That is the way that the market has operated up until now. Clearly, were more quota available it would be possible for the UK fleet to seek to exploit these value added opportunities and, as you say, to cut out the middleman.

It would not necessarily be my members who would be involved in that at the outset, because that it is not business that we are currently involved in. The people who export those pelagics are not my members; it is the large pelagic companies on the catching side of the industry. It is done with minimal processing and minimal value added. I think that is a missed opportunity for UK plc, but I am not sure how much you can legislate for that. If you provide a framework that is conducive to that, then clearly business will step in with the right incentives and will do its best to take advantage of those possibilities.

Fisheries Bill (Fifth sitting)

Paul Sweeney Excerpts

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

[Luke Pollard]

For someone who is still quite fresh in Parliament, it is very curious that a downgrade to an objective is better than not having something in the Bill at all. Not mentioning it seems to be the higher state for something—that is not what most fishers will take from this debate.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

My hon. Friend will know that many fishermen will watch the Committee and note the rather peculiar point made by the Government. Surely, this is a belt-and-braces approach, not a mutually exclusive option to define fish as a public asset. Many small fishermen, particularly those who seem to be crowded out as a result of large-scale private fishing interests dominating the sector, will view the Government’s proposals with cynicism.

[Luke Pollard]

Fish is a public asset and that should be in the Bill. That is the position of my hon. Friends, and I am disappointed that we have not been able to find a form of words to convince the Minister to be clear that fish is a public asset and should be in the Bill. This is one of the fundamental principles that fishers say to me when I go down to the quayside in Plymouth: they want the Government to come to an honest set of words that says, “Fish is a public asset.”

Fisheries Bill (Sixth sitting)

Paul Sweeney Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 11th December 2018 Public Bill Committees

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

Does the Minister find it troubling that despite the fact that the Marine and Coastal Access Act 2009 has required DEFRA to carry out triennial reviews of the Marine Management Organisation since 2009, only one has taken place so far? Is he concerned that similar failings might accrue with respect to the Bill?

[George Eustice]

We regularly do triennial reviews. I do not think that the triennial reviews stem from the 2009 Act. I think there was a requirement to review the MMO after four or five years, and my recollection is that that did indeed take place.

My point is that it is not necessary for every report we might publish to be put into statute. I made the point in debating an earlier Bill that DEFRA produces many reports. Every June my box is inundated with annual reports of one sort or another. Some of them are required by statute. The vast majority are not, but we publish them anyway, as it is a means of being transparent with the public. Since we have given an undertaking in the White Paper, I do not believe any of the amendments is necessary. However, as I have said, I undertake to have conversations before Report with Government colleagues, to see whether we can give a more formal undertaking on the idea of the hon. Member for Plymouth, Sutton and Devonport about a more formal debate in Government time on the Floor of the House, rather than in Westminster Hall.

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It is for those reasons that I put forward the amendments on a probing basis. I request that the Minister considers a consultation to identify appropriate political representation and accountability arrangements for English fisheries management. At this stage, I would not be over-prescriptive of the precise details of who should be accountable over English fisheries or how the role should be established, but it is an issue that needs to be considered and I would welcome confirmation from the Minister that it is on his and his Department’s radar.

[Mr Sweeney]

It is an honour, as always, to serve under your chairmanship, Mr Gray. The hon. Member for Waveney puts forward a clear and cogent case. It is something that needs to be looked at carefully in the context of the sustainability of our current constitutional arrangements. The key frustration for a lot of us, particularly the generation who have grown up under devolution, is the lopsided and asymmetrical nature of our structures.

It certainly causes frustration in this place for Scottish MPs when we have to deal with structures and policies that are not geared up for or reflective of devolution, and that are not considerate of those issues. It is time to bear in mind and take cognisance of those issues, in order to look at a new architecture for our legislative framework in the UK that reflects the reality of the past 20 years of devolution.

[Mr Carmichael]

I confess that I did not anticipate, when we started scrutiny of the Fisheries Bill, that issues of such high constitutional importance would feature so prominently in the debate. One never knows how Committees will proceed.

The hon. Member for Waveney makes a good point. The current constitutional architecture remains unfinished. The unfinished business is the position of England, and whether it is England as a whole or the constituent parts of England is a debate that, frankly, people in England need to have. I wish them as much joy as we have had with that in Scotland for the past 30 years.

The hon. Gentleman’s amendment comes to the crux of the matter. As matters are currently ordered, the Secretary of State has a clear conflict of interest. On the one hand, he is expected to act as the UK Minister, holding the ring, as it were, between the different constituent parts of the United Kingdom, and at the same time he is supposed to be the English Minister. That is not a sustainable situation. It requires to be remedied and should be remedied, I suggest, through a more comprehensive and holistic approach to constitutional reform for our English cousins. It is also fair to say that this is not a situation that can last indefinitely. If we have to go through another round of salami slicing, taking it subject by subject, instead of region or nation by region or nation, then so be it, but clearly something has to change.

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[The Chair]

I call the Minister—sorry, I call Mr Sweeney. I keep thinking you are a Front Bencher, but you are actually a Back Bencher.

[Mr Sweeney]

Technically, yes. Perhaps I am moonlighting as a Front Bencher. As always, it is a pleasure to serve under your chairmanship, Mr Gray.

I rise in support of this amendment. It reflects that devolution is a process, rather than an event, and if I were to do a risk profile of the Bill, this omission by the Government would be a red flag. It is important that this is addressed as a matter of urgency; it is critical, because as we have seen at instances throughout the discussions about the EU withdrawal process, impasses occur quite frequently between the devolved Administrations and the UK Government about how to proceed and how best to resolve issues. It is clear that in fisheries, there is a high risk of those issues emerging, so as a matter of prudence it is incumbent on the Government to make provision for issues to be resolved through a system and process defined in the Bill.

[Alan Brown]

I rise to ask the hon. Gentleman the same question I put to the shadow Minister: how does he see this mechanism being set up? If it is set up with the Secretary of State, how does he see it as being a panacea that will resolve any dispute if it does not have the input of the Administrations?

[Mr Sweeney]

I think it should be an inclusive process; I am not prescribing any particular definition for that, but I do not think the Secretary of State should have untrammelled power over the ultimate decisions. As the right hon. Member for Orkney and Shetland suggested, it should be something that is equitable and democratic in nature. That would be the way to proceed.

[Mr Carmichael]

Does the hon. Gentleman agree that now is the time to be make these arrangements? If we wait until there is a problem, then the creation of the resolution system itself will inevitably become contentious. This is the time for building strong bridges.

[Mr Sweeney]

I agree. It would be intelligent to set up this mechanism now, rather than when there is a heated dispute, which will inevitably emerge at some point in the course of history. It would be seen as enlightened to do that at this stage, and I urge the Minister to consider taking it forward as a matter of precaution, because we all share an interest in this legislation functioning as efficiently as possible and reflecting the realities of 20 years of devolution. As we have mentioned before, some of these provisions can form a blind spot in how the UK Government form their policies, and we have to be cognisant of the realities of how devolution functions.

This mechanism should not be monopolised by the devolved Administrations plus the UK Government; it could perhaps involve regional elements from all the devolved nations, which would be able to make submissions for dispute resolutions as well. It should proceed in an innovative and intelligent way. It would allow us to have properly functioning devolution, rather than simply devolving an issue and forgetting that it exists—throwing it over the wall and saying, “It is now branded with a saltire or a red dragon, and it is no longer our problem.” It should be an iterative process that everybody is involved with, because ultimately, fisheries are an common asset for all parts of the UK.

[George Eustice]

I hope to be able to reassure hon. Members that we are all one big happy family in this United Kingdom. The challenges that hon. Members have identified are not new; they date right back to the formation of the devolution settlement in the late 1990s. We have developed ways of managing these tensions.

As I said this morning on a previous group of amendments, the Bill seeks to resolve quite a difficult tension that has existed for at least the past 20 years: on one level, fisheries is about international agreements and negotiations, which are reserved, but on another level, issues such as enforcement, licensing and marine management have been devolved. That is the nature of our devolution settlement, and we have to use sensible, pragmatic and creative ways to bridge the tensions inherent in it.

The December Agriculture and Fisheries Council meeting will be held next week. More than any other Department, DEFRA has developed quite a good way of working with all the devolved Administrations, so the annual December negotiations are attended not just by Ministers in the UK Government but by Ministers from each part of the United Kingdom. We go as a UK delegation led by the UK Minister, but when we enter trilateral discussions with the presidency and the Commission, for instance, my Scottish counterpart Fergus Ewing will speak on issues pertinent to Scotland, Lesley Griffiths will speak for the Welsh Government on issues pertinent to Wales, and the lead official John Speers will talk about issues pertinent to Northern Ireland.

We already attend as an integrated UK delegation, although we represent several Governments. In those difficult moments on Tuesday when we have to pick priorities by deciding which issues we will get no movement on from the Commission, or giving certain issues up to prioritise others, we will have to go through discussions to work out, collectively and by consensus, the correct approach for the UK. We have a very good track record of doing so, even though virtually every political party imaginable is in the delegation.

[Mr Sweeney]

The Minister outlines a de facto process that may function adequately, but would it not be helpful to define it in the Bill and give certainty about how it will function in the future?

[George Eustice]

I was going to come on to how we define other working relationships. I have set out the approach for annual fisheries negotiations, and I envisage that approach continuing in the future as we become an independent coastal state, but there are additional measures in place.

We have a series of concordats, which date back to 2012 and are regularly updated, setting out how we work together on issues such as vessel licensing that have implications for different parts of the UK. There is an overarching memorandum of understanding with all the devolved Administrations that includes a process for the Joint Ministerial Committee to act as a dispute resolution mechanism. We are currently developing a fisheries memorandum of understanding with our colleagues in the devolved Administrations, which is likely to include a chapter on dispute resolution as part of a wider UK frameworks process led by the Cabinet Office. The Cabinet Office is doing detailed, cross-Government work on the future of the JMC, on how its processes can be improved and on how issues such as dispute resolution can be addressed. I hope on Report to be able to explain more fully the thinking that is emerging.

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[Mr Sweeney]

The Minister outlines a series of points about the functioning of de facto dispute resolutions that perform adequately, but anyone who has followed the events of the past few months with regard to EU withdrawal issues and the functioning of the JMC would agree that because it is not on a statutory footing, it has failed to perform adequately—I think that that is a fair assessment from the Opposition. Perhaps he ought to take cognisance of our need to get this stuff defined in statute so that it can function and work under pressure.

[George Eustice]

As I said, the Cabinet Office is leading a wider review of the memorandums of understanding and the JMC processes to see whether they can be improved. It obviously affects many other Departments as well. It is probably not right for me to go beyond that. I can explain what we currently do on fisheries.

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I reassure my hon. Friend that in the evidence session with the MMO, Phil Haslam, our head of enforcement, outlined the steps we are taking to increase our enforcement capacity. We have delayed the decommissioning of the three existing fisheries patrol vessels while adding four new ones, we have been working with the Maritime and Coastguard Agency to build aerial surveillance capacity, and we have been working with Border Force and retraining its staff so its four cutter vessels can also be deployed on enforcement activity.

[Mr Sweeney]

Is it not a matter of regret for the Minister that Phil Haslam, the director of operations at the MMO, said its budget has reduced by 60% since its inception? Surely that has had an impact on its operational effectiveness.

[George Eustice]

The purpose of the Bill is to look forward. The important thing is having the capacity in place should it need to be called on. Currently, two fisheries patrol vessels are typically deployed in English waters. We will be moving to a position where we have access to up to 10 or 11 vessels, and aerial surveillance on top of that. That is a substantial increase in enforcement capacity, should it be needed. It may not be needed, but we do not yet know what scenarios we may face, so as a precaution we built in the capacity we might need.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Clause 10

Power to grant licences in respect of British fishing boats

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[Luke Pollard]

I beg to move amendment 63, in clause 12, page 8, line 10, at end insert—

‘(3A) No licence may be granted under this section unless conditions are attached to that licence so as to require the foreign fishing boat to comply with any standards in relation to environmental protection and marine safety that would apply to the same boat if it were a British fishing boat.”

This amendment would require licences granted to require foreign fishing boats to comply with the same environmental protection and marine safety standards as British fishing boats.

Amendment 63 seeks to put into the Bill a common and very serious concern of many of our fishing communities around the country, which is that the regime that might exist after we leave the EU will see one set of rules for UK fishers and potentially another set of rules for EU fishers, because access to our waters will still be on the basis of fixed quota allocations and many foreign boats will still own quota to access UK waters after we leave the UK, and a drawdown period, if one exists, will take a while to achieve. The amendment seeks to create in the Bill the very clear, in stark plain English, description that says that foreign fishing boats should obey the same rules as British fishing boats. It is a principle to which there is huge agreement across the country from Plymouth and Cornwall right up to the north of Scotland. It would not create extra burdens for our EU friends entering UK waters. It would create the same burdens—the same regulatory requirements—to which any UK fisher must adapt.

In particular, the amendment deals with environmental protections and marine safety. It is vital, when it comes to safety, that we do not inadvertently create incentives for foreign boats to cut corners and take risks with their crews that we would not allow on our own boats. We already know from anecdotal evidence that safety standards on different EU countries’ boats are very different. There are different levels of enforcement and compliance with existing regulations.

If we say—rightly, and as the Minister did in the earlier discussion on marine safety—that we want high levels of marine safety for UK boats, we should require the same high levels of marine safety for foreign boats. If we do not, there will be a regulatory gap, potentially, between UK and foreign fishing boats. There will be an efficiency in having lower marine standards, in relation to the cost of compliance for UK and EU fishers. Potentially, a situation could be created where our EU friends might, while fishing in our waters, get into trouble more often because of the lower levels of protection.

The amendment is simple, and would put into the Bill something that fishers across the country want—a clear prescription that EU fishers will obey the same regulations as UK fishers. It is essential to the Bill, and I am surprised that it has not been included. There would, I think, be support for it on both sides of the Committee. I suspect that the Minister will oppose it, and I should be grateful if he set out his reasons for doing so, and explain how the same thing can be achieved by other means. There is concern in fishing organisations because the detail in the Bill includes no such clarity about the same regulatory standards applying to EU and UK fishers.

[Mr Sweeney]

I support the amendment. Coming from a shipbuilding background with, perhaps, issues not entirely dissimilar to those affecting fisheries, I know the frustration in many industries about having a level playing field and the opportunity to compete on the same basis. That is the reality facing many fishermen in the UK.

Many boats adhere to onerous constraints, such as the environmental standards and safety requirements that govern their operation. That is right, and respects the way we do business. It is therefore only right that all fishing boats operating in British territorial waters should adhere to the same conditions. Not only does that reduce risk to our maritime patrol agencies that would have to intervene in certain scenarios, if people’s safety was at risk; it also improves the environmental situation—and environmental damage would cause damage to many stakeholders in the industry and the country.

For those reasons it is critical that the Minister should include the measure in the Bill. Not only would that safeguard the UK fishing industry and its interests, including in the Western Isles, Fraserburgh, Peterhead and the big commercial areas, but it would ensure that other stakeholders, many of them around the UK coastline, would be protected from the negative effects of incursions by boats that did not adhere to the same standards within UK territorial waters. That would be a very worthwhile thing to do.

[George Eustice]

I hope that I can persuade the hon. Member for Plymouth, Sutton and Devonport that the amendment is unnecessary, because of provisions that already exist. The amendment has two objectives—to get foreign vessels to abide by the same environmental standards as British fishing vessels would need to, and to get them to abide by the same safety standards.

To begin with the first objective, paragraph 1(2)(d) of schedule 2 allows conditions to be imposed

“for the purposes of conserving or enhancing the marine and aquatic environment”.

The Bill therefore includes the power to impose such conditions, detailed in schedule 2. It is absolutely our intention, as we make clear in our White Paper, that any vessel seeking to access UK waters would have to abide by the environmental standards that we set out. However, I caution against saying that they must abide by the same standards as us, because there may be circumstances where we would not want to grant them access to the areas where our fishing vessels can go, or where we might not allow foreign vessels to use particular types of gear where we might allow our own vessels to do so.

Fisheries Bill (Seventh sitting)

Paul Sweeney Excerpts

Committee Debate: 7th sitting: House of Commons
Thursday 13th December 2018 Public Bill Committees

[Owen Smith (Pontypridd) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. I rise to speak briefly in support of the amendment and new clause tabled by my hon. Friend the Member for Plymouth, Sutton and Devonport. In doing so, I am also reflecting the views of the Welsh Government, who are very supportive of this idea. Complementing the remarks made by hon. Members from the Scottish National party, I think it could be reflected in the way in which subsequent legislation and regulations about both quotas and landing requirements might be applied in Wales and in Scotland.

Milford Haven, which my hon. Friend mentioned, is a classic example of an area of Britain where there was once a thriving fishing industry but there is now significant poverty and absolutely no fishing industry. I do not believe that any boats go out of Milford Haven now, and the only boats operating there with any significance are foreign-owned. There was once a processing industry in the area, not just in Milford Haven but in Pembroke Dock, Aberaeron, Aberporth and, indeed, lots of the villages along Cardigan bay—traditionally one of the richest fisheries off the UK. Small-scale and artisanal in many respects, it has completely disappeared.

If there is any opportunity to effect a renaissance of processing through the landing requirement, the changes to quota and that overall sense of an economic connection in the Bill and at the heart of future legislation, it would be remiss of us not to try to bring that about. I think that this is a very sensible suggestion from the Labour Front Bench and I hope that the Minister will reflect on how important it, or perhaps a similar measure, could be to bringing about a renaissance in the processing industry and in the towns that might thereby survive.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

rose—

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

rose—

[The Chair]

My brain has gone completely blank. The hon. Gentleman on the Opposition Front Bench—[Interruption.] It is Mr Sweeney.

[Mr Sweeney]

I thought that you went to school in Glasgow, Mr Gray.

[The Chair]

I apologise, Mr Sweeney. It was one of those moments when I had not realised that you were going to stand.

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[Mr Sweeney]

Thank you for calling me, Mr Gray. I rise in support of my hon. Friend the Member for Plymouth, Sutton and Devonport and this very well thought through amendment, because it ties in exactly with the coherent position that Labour has had on industrial strategy, which is about maximising the prosperity agenda for the United Kingdom.

We look at vertical integration of the industry. We have to look at the source of fishing, at sea, but also at how the supply chain operates and maximising the industrial benefit for the United Kingdom. That is not simply about the fish processing side; it aims at rejuvenating the whole UK port infrastructure, including boat and ship repair, and shipbuilding, and the associated industries that would benefit from having a tie to particular ports. Smaller ports such as those on the west coast of Scotland have suffered decline, and we can see an opportunity, through the tying of catches to UK ports, to create demand in those ports, generating new activity and industrial growth. That would be a huge benefit for the highlands and islands particularly. They have had significant economic challenges because of their isolation. That needs a focused effort.

[Alan Brown]

Can the hon. Gentleman explain how the amendment and new clause would rejuvenate ports in the highlands and islands? I do not see the direct link. The point was made earlier that additional landings coming to the UK might still just go through existing big ports.

[Mr Sweeney]

They would create a framework within which those opportunities could be generated by devolved Administrations. The Scottish Government could augment that. The amendment and new clause would create a fundamental framework that would drive demand into UK ports. That is the opportunity, which would be an important baseline measure in the Bill, and could be developed. We had an interesting debate yesterday on the centenary of the Iolaire disaster, and one of the conclusions was that highland and island communities suffer significant isolation, and that it is important that their distinctive economic and social needs should be met by Parliament. The amendment and new clause would benefit them a great deal.

[Mr Carmichael]

I have sympathy with the amendment, but I want to add a few words of caution. In my time in Parliament, I have often supported campaigns to land more fish in our own ports. Obviously it is important for the economic viability of coastal ports. My worry about the amendment is that the law of unintended consequences could come into play. Such a requirement would be quite challenging for some of the larger pelagic boats in my constituency. I anticipate that a significant proportion of their catch would probably currently be landed in Norway or Denmark. Essentially, my instinct is that fishing boats should be able to land wherever they get the best price for their fish. If the Government were to put into a Bill something that would limit that ability, it would be a bit of a blunt tool.

Fisheries Bill (Ninth sitting)

Paul Sweeney Excerpts

Committee Debate: 9th sitting: House of Commons
Monday 17th December 2018 Public Bill Committees

[George Eustice]

The clause simply serves to enable schedule 6, which will provide Scottish Ministers, Welsh Ministers and the Northern Ireland Department with the powers necessary to manage fishery and agriculture industries in line with devolved competences. In doing so, the clause is part of a framework that allows Scotland, Wales and Northern Ireland to meet their obligations under the UN convention on the law of the sea and the UN fish stocks agreement.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

The Labour party fully supports the clause pertaining to schedule 6, which we will elaborate on later.

Question put and agreed to.

Clause 37 accordingly ordered to stand part of the Bill.

Schedule 6

Powers to make further provision: devolved authorities

[Mr Sweeney]

I beg to move amendment 77, in schedule 6, page 45, line 43, leave out “negative” and insert “affirmative”.

We tabled the amendment because the schedule allows for the transfer of powers to Scottish Ministers and the power to make provisions on issues such as aquatic and animal diseases. The schedule will allow Scottish Ministers to make provisions for

“the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals…in particular…provision regulating the importation, exportation, movement, storage or handling of…fish or other aquatic animals…products derived from fish or other aquatic animals…any other thing that the Scottish Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.”

We want to change that to an affirmative procedure because it will be a much better way of doing things.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The amendment is a step too far. There is sufficient protection for affirmative resolutions under clause 36 and paragraph 3(2) of the schedule, as the Minister pointed out. The Scottish Government need some leeway to be able to use the negative resolution procedure, and I do not think there is any need for this amendment. I would like to know whether the Labour party sought any assurances from the Scottish Government on whether they thought this amendment was necessary. I suggest that if the Scottish Government had wanted such an amendment, they would have tabled it themselves.

[George Eustice]

This is in many ways a mirror amendment to one we discussed earlier. It is unusual for me to agree with the hon. Member for Kilmarnock and Loudoun, but he makes an important point: if we have just agreed one set of provisions giving the right to use the affirmative or negative resolution for England, it would suggest that we do not trust Scotland if we said that all their resolutions should be subject to the affirmative procedure. What is good for one part of the UK should be good for Scotland as well. I do not think this amendment is appropriate.

I can confirm to the hon. Gentleman that this has been put in at the request of the Scottish Government. We worked closely with all the devolved Administrations to understand what they would like included in the Bill on their behalf, and this particular section dealing with the ability to fight aquatic diseases is understandably very important to Scotland, given that it has such a large salmon farming industry. It is at the request of the Scottish Government that this has been included in the way that it has. I think it is right that we treat the Scottish provisions in the same way that we treat the English provisions. I hope the shadow Front Bench will not see the need to press this particular amendment.

[Mr Sweeney]

We have been pretty consistent throughout the process in saying that we think affirmative measures are better because they provide extra scrutiny and extra control, and we think that is beneficial.

[Alan Brown]

On that point, given that the hon. Gentleman’s colleagues consistently say that the Scottish Labour is the party of devolution, does he agree that if Labour is the party of devolution, it should respect devolution rather than trying to make legislation here that the Scottish Government have not asked for?

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[Mr Sweeney]

I do not think that is how devolution works. Devolution is a collaborative process. That is my reading of it. It is not a zero-sum game.

[Mr Carmichael]

Does the hon. Gentleman agree that, even where the Government in Edinburgh have agreed something with the Government in London, neither Government should expect to be immune from scrutiny by Parliament?

[Mr Sweeney]

I absolutely agree with that. In any system of democracy, at every tier there should be an element of interface and interaction, and that will be an ongoing process. It is not about a gradualist approach to independence, which is how the Scottish National party would like to view devolution. That is not how we view it. I will conclude, because there is no point in labouring this—pardon the pun—by saying that we accept that there is no agreement. It is unfortunate that we keep losing these votes on the negative emphasis versus the affirmative, but we are where we are in terms of the arithmetic. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the schedule be the Sixth schedule to the Bill.

[George Eustice]

We have already covered part 1 of schedule 6, which specifically relates to the powers taken for Scotland to manage aquatic and animal diseases. I will briefly comment on parts 2 and 3, which make provisions for both Welsh Ministers and the Northern Ireland Administration. Hon. Members will have noted that the provisions for Wales and Northern Ireland are different from those for Scotland in that parts 2 and 3 also have provisions that mirror clause 31. In other words, schedule 6 gives Welsh Ministers and the Northern Ireland Administration the ability to make those technical conservation measures that we discussed earlier in the context of clause 31 for England.

I should point out that at this stage that, when the Bill was drafted, Scottish Ministers said that they did not want those provisions included in the Bill on their behalf. We understood that at that point they might have been considering doing this themselves through their own legislation. However, we have recently been told by Scottish Ministers that that position has changed and they would like us to perhaps consider at a later stage of the Bill adding powers for Scotland akin to those afforded in parts 2 and 3 for Wales and Northern Ireland.

This is obviously an issue that we will discuss further with Scottish Ministers. It is complicated by the fact that they have not yet confirmed that they will grant a legislative consent motion for the Bill. Nevertheless, I thought I should highlight to members of the Committee why there is a difference between part 1 for Scotland, and parts 2 and 3 for Wales and Northern Ireland.

Question put and agreed to.

Schedule 6 accordingly agreed to.

Ordered,

That further consideration be now adjourned.—(Iain Stewart.)

Fisheries Bill (Tenth_PART2 sitting)

Paul Sweeney Excerpts

Committee Debate: 10th sitting (part 2): House of Commons
Monday 17th December 2018 Public Bill Committees

[Brendan O'Hara]

I absolutely agree with the right hon. Gentleman. I represent a west coast constituency and he represents a northern isles constituency, which are vastly different from that represented by the hon. Member for Banff and Buchan. It is about devolving power to as local a level as one possibly can. If Scottish Ministers are given the power to act on behalf of a much smaller area and a much smaller concentration of the industry, I think it will much better serve the industry as a whole across Scotland.

The Bill gives us the perfect opportunity to reform the current system to ensure that that levy can be better used to promote the range and quality of Scottish seafood, both at home and abroad. If Scotland were allowed to take these investment decisions, it would allow us to properly support the industry by promoting the quality and excellence of Scottish seafood products, both at home and across the world. It would also allow us to maximise the benefits of Scottish provenance, which is so important when marketing ourselves, particularly abroad, while supplying top-quality products to consumers.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

The Labour party fully supports the new clause, which seems like a sensible measure that would allow for a degree of variation in the way that the Sea Fish Industry Authority operates in different parts of the UK to reflect the fact that every part of the UK has a distinctive fishing industry that reflects its local circumstances, as the hon. Gentleman said. The new clause also requires Seafish to report on how the income received from the levies it imposes has been applied in each part of the United Kingdom. Again, that seems like a sensible suggestion to ensure that there is transparency in the way in which the levy is applied in each part of the UK. Therefore, we will support the new clause.

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[Alan Brown (Kilmarnock and Loudoun) (SNP)]

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairmanship, Mr Gray. I bet you are delighted to be here in the final sitting tonight; the rest of the House has probably adjourned.

The new clause would ensure that the vital contribution that is made by the current European Maritime and Fisheries Fund to support sustainable growth in Scottish fisheries and aquaculture, inland waters, the seafood supply chain, conservation of the marine environment, and growth in jobs in coastal communities will be maintained in the future.

However, I must also add that the UK Government should be doing more to assess future opportunities such as rejuvenating coastal communities, and identify where infrastructure and subsequent funding might be required to maximise those opportunities. That would result in a bottom-up and needs-based approach that would lead to the establishment of a proper fund and the associated long-term planning. If we are to achieve the nirvana of catching more fish, landing them in Scottish and UK ports and processing them, further investment will clearly be required. The replacement EMFF would be an ideal vehicle for investment leverage.

Devolution is key here. We cannot possibly allow a repeat of DEFRA stealing the £160 million convergence uplift that is due to Scottish farmers—a redistribution that could have significant effects on future funding to farmers once historical payments are taken into account under any new UK scheme. Scotland currently receives 44% of EMFF moneys; that is obviously way higher than the pro rata figure per head of population, but it makes sense given the demographics of the fishing industry. I must put it on the record that there is no way we would ever countenance any future funding being allocated on a Barnett basis.

The situation appears even more stark when we look at the 2017 industry figures: 55% of employment in the sector overall, 58% of fishing industry employment and 75% of aquaculture industry employment are in Scotland. Scotland also accounts for 50% of fish processing, 67% of landings in the over-10-metre sector and 32% of landings in the under-10-metre sector. In a devolved context, it therefore makes sense that post Brexit, as an absolute minimum, the same allocation be made to the Scottish Government in the interest of effective distribution. Indeed, from the statistics I have cited, there is a clear case that Scotland should have further funding. I certainly would not want to see that happen to the detriment of other communities in the UK, but at the very minimum we should receive the equivalent of what we get now.

[Mr Sweeney]

I support new clause 2, which is a frankly common-sense measure. It is imperative that, as a result of the UK leaving the European Union, the industry must have both the certainty and the financial underpinning that it requires. The new clause would ensure that, so surely it must appeal to Government Members who want to provide such certainty. I appeal particularly to Scottish Conservatives present, who surely want to uphold the interests of Scottish fisheries. Here is a real test of whether they are part of Team Ruth or Team May: will they uphold the interests of the Scottish fisheries?

The removal of the EMFF presents a significant challenge across industry in Scotland. My own experience—

[David Duguid (Banff and Buchan) (Con)]

The hon. Gentleman will be aware of the announcement made recently—last weekend, I think—about funding in the implementation period. As the hon. Member for Kilmarnock and Loudoun will probably also appreciate, it was not Barnettised; I think the overall figure was £32.7 million, with £16.4 million going to Scotland. Does the hon. Member for Glasgow North East welcome that?

[Mr Sweeney]

All I am looking for is a simple guarantee that there will be no financial detriment to Scottish fisheries. If you can encourage your colleague the Minister—

[The Chair]

I cannot, but he might.

[Mr Sweeney]

Sorry, Mr Gray. If the hon. Gentleman can encourage his colleague the Minister to stand up and give that assurance, we will all be very happy and so will Scottish fisheries. That is all we are looking for—not smoke and mirrors or absolute figures cited in isolation, but an absolute guarantee that there will be no financial detriment as a result of this change.

As I was saying, there is a challenge facing the whole of Scottish industry because we are not sure what the so-called shared prosperity fund will look like. It will replace several models of European funding—including regional selective assistance, which I know from my former role at Scottish Enterprise was a crucial tool for promoting industrial development in Scotland—so we have to be very certain that there will be no financial detriment to industry as a result. An assurance to that effect would be welcomed by Scottish industry, including the fishing industry.

It is incumbent on the Minister to support the new clause because it would provide that degree of certainty. I thought that that was what the Conservative party was all about: providing certainty to business and allowing enterprise to flourish. Is that not music to your ears? I think you ought to stand here—

[The Chair]

They.

[Mr Sweeney]

Sorry, Mr Gray—it is rather late and I am forgetting my pronouns. I think they ought to stand here and support the new clause.

[Mr Carmichael]

I have essentially reached the same conclusion as the two previous speakers, for slightly different reasons. The EMFF money has been of massive significance to the industry and to communities around the UK coastline. I support some sort of guarantee that that money will continue to go to our fishing industries and communities. The amendment deals, of course, only with guaranteeing that the money will continue to go to Scotland, but it would be unthinkable that the same would not then apply to fishing communities in Wales, Northern Ireland and, indeed, England. I would not start from this position; but ultimately, from the point of view of the industry in the communities, I think the amendment would get us to where we need to be. For that reason I support it.

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[George Eustice]

I do not think it is the same logic at all. That was a different clause, addressing a different issue—a negotiation with the European Union or a bilateral negotiation with a different country. It was not at all about a collective position that a Government might take with the Treasury. That is different. The Treasury might sometimes adopt positions that not everyone would agree with, but it is certainly not a foreign country; it is part of the Government. For all those reasons I oppose new clause 2 and I hope the hon. Member for Kilmarnock and Loudoun will withdraw it and perhaps consider what might be done on Report to ensure that Scotland has the legal powers it needs to do this.

[Mr Sweeney]

Even though the new clause may not succeed, it would be worthwhile as a matter of record if the Minister could provide assurances to the industry that it is the Government’s intent that there should be no financial detriment as a result of the changes to the EMFF and the transition to the new financial frameworks that may supersede it.

[George Eustice]

I think we have demonstrated our intent in the announcements we have made just in the last week that there will be new schemes to replace the EMFF, and the fact that the current scheme will be boosted by £37 million. I oppose new clause 2.

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[Alan Brown]

I beg to move, That the clause be read a Second time.

I will try to brief. The new clause would effectively devolve control of the Scottish aspect of levies imposed by Seafish to Scottish Ministers, ensuring that levies imposed on fish or fish products landed in Scotland, or trans-shipped in Scottish waters, require confirmation by Scottish Ministers. It would also mean that Scottish Ministers may, by order, increase the rate of such levies.

As my hon. Friend the Member for Argyll and Bute touched on, it is a long-held view of the Scottish Government that the existing Seafish levy is not fit for purpose, providing inadequate support to the sector in Scotland, resulting in insufficient marketing and promotion of Scottish seafood. Levies should not be uniform across the UK and should be placed in the hands of devolved Ministers to determine best procedure and practice in their own nations and regions. This issue is similar to the red meat levy, which was also a long-running sore. The UK Government accepted changes to the Agriculture Bill to resolve that to the satisfaction of the Scottish Government. I hope the Minister will see fit to do likewise with these proposals.

[Mr Sweeney]

I support new clause 3, which seeks to devolve control of the Scottish aspects of levies imposed by Seafish to Scottish Ministers. Inter alia, it would require confirmation from Scottish Ministers for levies imposed in relation to fish or fish products landed in Scotland, or transhipped in Scottish waters, and allow Scottish Ministers to increase the rate of such levies by order.

It seems that the new clause makes sense and would allow Scottish Ministers to determine the rate of levy that best suits the industry in Scotland. The purpose of devolution is to allow for degrees of variance to best suit that country’s interests, and the new clause achieves that. We will support it.

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[Luke Pollard]

I beg to move, That the clause be read a Second time.

Members will be pleased to hear that this is the last new clause that I will move this evening, but it is an important one. The Labour party has a manifesto commitment to double the size of the co-operative sector. The UK fishing industry contains a range of co-operatives operating in the catching, landing and processing sectors. The UK fishing industry, specifically the concentration of ownership and quotas, is in need of reform.

As we have already discussed, as we seek to gain greater and more sustainable use of the vast resources in the seas that surround our islands, we need to do so in a way that spreads wealth and ownership in the UK fishing industry. Greater diversity in ownership will benefit the industry and the communities that rely on it by challenging the dominant players and giving access to new entrants.

The fishing community has a long history of co-operation and co-operatives. The benefits of co-operatives are clear: increased productivity, increased resilience and the spread of economic democracy.

[Mr Sweeney]

Does my hon. Friend recognise that an exemplar of co-operation in the fisheries sector is the Scottish Seas co-operative, which covers numerous ports from Fraserburgh and Peterhead to all round the west coast? It encompasses 60 vessels and more than 250 fishermen, which is a huge opportunity for smaller fishermen to make a significant economic impact and to exert leverage on a market that is increasingly dominated by larger retailers and processors.

[Luke Pollard]

My hon. Friend makes a good point. The success of the co-operative sector in the fishing industry has been a hidden secret. People who advocate co-operatives, as I do as a Labour and Co-operative MP, need to speak louder about that success story.

Further encouraging co-operative ownership and ways of working is common sense in many ways. New co-operatives in the differing aspects of the industry can be the building blocks of new community wealth for communities around the coast. We believe in the co-operative model, which is an important tool for rebuilding a fairer, and therefore better, fishing industry. The Government have important role to play in encouraging that development.

The Bill provides the opportunity to place new duties on the Secretary of State to support the expansion and development of co-operative businesses in all aspects of the fishing industry. Alongside our proposed quota reallocation to extend opportunities, support should be given to existing fishing co-operatives to grow, and to new co-operatives to start up. That should be targeted at coastal towns and communities where the fishing industry has been in the steepest decline. By supporting the new duties, the Government will show that they are interested not only in the status quo but in embracing their role in reshaping the industry and spreading economic democracy.