Fisheries Bill

Peter Aldous Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Ways and Means resolution: House of Commons
Wednesday 21st November 2018 Commons Chamber

[Peter Aldous (Waveney) (Con)]

I welcome this Bill, which will hopefully provide the framework for regenerating the Lowestoft and East Anglian fishing industry, which in the past has been an important component part of the local economy. It has sadly declined in recent years, with thousands of jobs being lost, but with the right support, the right management system and the right policies, the industry can be rebuilt, we can attract inward investments and the industry can play a key role in the regeneration of coastal communities, not just in East Anglia but around the UK.

Fishing has taken place off the East Anglian coast for more than 1,000 years. Lowestoft was previously the fishing capital of the southern North Sea and was the hub of an industry that included many other ports in the region. Today, East Anglia sits next to one of the richest fishing fields in Europe, but little local benefit is derived from it. To revive local fishing, the industry earlier this year formed REAF—the Renaissance of East Anglian Fishing. With support from Waveney District Council, an application was submitted to the Marine Management Organisation for a European maritime and fisheries fund grant for a study that will develop a long-term strategy for the future of the East Anglian industry.

The application was approved earlier this month, and work is just beginning on a project that will help shape a positive and profitable future for the industry as a whole, from the net to the plate. Its objective is to establish how the economic and social benefits of the fishing industry in East Anglia can be best captured and optimised. This exciting project can revive fishing along the East Anglian coast, but to do so it needs the right national policy framework in place, and that is what this Bill needs to provide. From REAF’s perspective, the Bill must provide the following: first, the East Anglian fleet must be able to catch and land sufficient fish so that those working on the boats can earn a reasonable living and can supply local markets, processing and retailing businesses—the existing quota system has treated them shabbily, and it must be reformed.

Secondly, the Bill must ensure that local coastal communities benefit from any increase in catches and landings. The economic link policy, which is in the CFP and which is being transferred to the emerging UK fisheries policy, must have teeth and must actually achieve its objective, rather than remaining a high-minded statement. There is a Lowestoft producer organisation, but its vessels do not land their fish in Lowestoft—they do so in the Netherlands and in Peterhead. We must have more boats landing their catches in East Anglian ports.

Thirdly, the duty to fish sustainably must be ingrained in the Bill’s DNA. Management decisions must be made locally, with local fishermen working closely with local regulators and local scientists using up-to-date local knowledge and science. I acknowledge that many fish stocks have improved in recent years, but we really can do better than we do at present, whereby the current system allows the abhorrent practice of electro-pulse fishing to continue, notwithstanding the evidence that it is devastating fish stocks, wreaking havoc upon the marine environment and preventing local East Anglian fishermen from earning a living.

Credit must go to the team at DEFRA, the Ministers and the officials for drafting the Bill in such a short time. We do not need a Bill that just does the job and ticks the necessary boxes; we need a Bill that lasts the test of time and becomes an exemplar for the promotion of sustainable fishing and the reinvigoration of coastal communities. Like most others here, I have received many representations from organisations and specialists with proposals on how the Bill can be improved. Although it is an enabling Bill and much of the detail will be set out in secondary legislation, I urge the Government to look closely at the proposals that have been put forward and to see how the Bill can be improved.

I re-emphasise that the allocation of quota must be fairer and accessible to all and should take place transparently, rather than in the existing opaque way. That will enable all fishermen from all communities to really benefit from Brexit.

Fisheries Bill (First sitting)

Peter Aldous Excerpts

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

[Luke Pollard]

Q But that is about ownership rather than about landing, is it not?

Bertie Armstrong: The first thing that happens if you make rules about landing is that you have a boat full of mackerel and you cannot land it until Friday, which is very prejudicial. If we are to make rules about landings which make instinctive perfect sense, to capture the economic activity into the land, we must have a sensible vision of how much volume we will need to cope with and how that will be done seasonally. Making simple rules is likely to produce more problems than it will solve. It would be more helpful to have a vision for the UK fishing industry. In the withdrawal from the EU lies the opportunity effectively to double the economic activity associated with UK fishing, including the whole of the supply chain. As long as we are ready for that, the landings will take place into the UK. We look forward to the day when all UK fishermen will want to land their fish into the UK, because we are a world seafood leader and that is where they will get their best price.

Barrie Deas: The principle is that UK quotas should bring proportionate benefits to the UK. That is the starting point. The question is how you do that. The obligation to land a certain proportion of the fish is there in the current arrangements—the current economic link—but there are other options to meet that question of equivalence. Requiring all fish to be landed in the UK would mean an intervention in the market, because if there are economic benefits to landing particular species abroad where there is higher value, there is obviously an economic purpose to doing it that way, so we have to be careful about that. It is right that the economic link requirements are reviewed in the new circumstances, but I quite like the idea of having the flexibility, as long as there is an equivalence, and it is all linked back to the fundamental principle that UK quotas should bring proportionate benefit to the UK.

[Peter Aldous (Waveney) (Con)]

Q I have two questions. Do you think the Bill will lead to increased fishing opportunities both for new entrants and for what until now have been called the under-10s, although I think it is important we try to get away from that descriptor? Picking up on the Minister’s comments about equal allocation across all UK fisheries for all UK boats, do you think that principle lies comfortably with the sustainable management of individual fisheries? I say that because there is a concern that it is difficult to do that when you get boats from other parts of the UK coming into waters off the East Anglian coast, and not only off the East Anglian coast. It is a concern that has been raised with me about waters off the north-east. Yesterday I was hearing about problems with managing cuttlefish down off the south-west where this problem had arisen. I would welcome both your views on those two issues.

Barrie Deas: On increased fishing opportunities and how they could be allocated, for a number of reasons, including case law in the English courts, but also the stewardship that comes along with rights of tenure, which have been an important factor in stabilising our fisheries over the last 20 years, our federation takes the view that for existing quota it should remain the same, but for additional quota we think there is a conversation to be had on the most appropriate use of that. There is a range of options.

Perhaps we are being a bit narrow here. You alluded to the division line at under-10, which has, I think, caused distortions in the fleet and unintended consequences —you have a cohort of high-catching under-10s, sometimes called rule beaters or super-under-10s, that have kind of distorted fishing patterns. There is recognition that we need to move beyond that now. In that context, there is an issue about how you define genuine small boats—genuine low-impact vessels—and I accept that. My organisation would be very interested in taking them out of the quota system altogether. That does not mean not taking into account their contribution to mortality. In a sense, it is a reversion to what we had in the early days of under-10 metre management, where sufficient quota was allocated and we did not have to have monthly quotas for that class of vessels. There is a very interesting conversation to be had about the future and new entrants and how the genuine low-impact fleets fit into that.

Equal access has been an important principle and there are dissatisfactions wherever you have a nomadic fleet arriving on the doorstep of a local fishery. That would be true of our boats fishing in bits of Scotland, I suppose, and certainly you hear these kinds of things about Scottish boats fishing off the Northumbrian coast or down in the south-west. Fishermen are competitive. They are competing with each other as well as with foreign fisherman. That is the context in which you have to situate that particular issue.

Bertie Armstrong: Mr Aldous, your question was about new entrants in under-10s. The enabler for a better deal for new entrants in under-10s will be the uplift in opportunity for fishing that comes with Brexit; otherwise, we presumably have fixed the problems already with the fishing opportunity available. The situation is different as you go around the coast. The small-vessel fleet in Scotland has a different character and tends to use creels, or pots, to catch shellfish—that is a great generalisation; there are others—so there is a different set of problems. It is generally inshore and small scale and is therefore best sorted out locally, but I think there will be a better deal for all with the uplift in opportunity.

There is another abiding principle here. If you are going to make alterations to arrangements for fishing, the fish need to be there to be caught. It is one thing to give someone tons of fish; it is quite another if the fish are not there in prime condition with a business plan for getting them landed and into a logistics chain. Much is made of the big mackerel catchers in the pelagic fleet, and much is made of rather lurid statistics about what percentage is held by what number. You cannot catch 250,000 tonnes of mackerel in winter, 100 miles to the west of the British Isles, with hand line under-10s—you simply cannot. But a few hundred tonnes to the hand line under-10s, provided the local arrangements pay attention to making sure there is a whole logistics chain and they are going to get that fish to a place where somebody wants it, is where the opportunity lies.

My final input, on behalf of slightly larger-scale fishing, is: be careful what you mean by low impact. The carbon footprint per kilogram of fish of a pelagic trawler catching mackerel is very much smaller than any other form of fishing, because you catch volume efficiently and quickly. There are many aspects to this.

In answer to the question, yes, there is extra opportunity, but there has to be extra opportunity to distribute. The problems are largely regional and should be sorted out regionally. We need to be careful not to place excessive detail on the face of the Bill. I suggest that a lot of this is best done by secondary legislation.

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

Q Mr Armstrong, in answer to an earlier question you suggested that we might see a date of what you called sovereignty over quotas and waters. You suggested that the end of the implementation period as it is now—December 2020—was the ideal date. How does that square with the fact that there may be a backstop arrangement and the Prime Minister has said that, depending on what happens, we might need to extend the implementation period? How would inserting a date in the Bill work with the other flexibilities that are still to be resolved?

Bertie Armstrong: I would wish to dispense with the flexibility to extend for fishing the implementation period by placing a date on the face of the Bill. There will undoubtedly be some resistance, but that would not be up to me. That is why we would like to see that in there. We are on record as being less than completely happy that the implementation period applies to fishing at all, because legal sovereignty over the waters and the resource therein comes on Brexit day. However, we are where we are, and we recognise that the withdrawal agreement has compromises all over the place. We therefore, with reluctance, accepted the implementation period compromise, but we would not wish to see it extended at all.

The backstop has been much described, particularly over the last few days. Clarity is helpful on what happens. There are two preconditions: if the backstop clicks in and is applied and there is no fisheries agreement in place by that stage, and there is no prescription of what is in the fisheries agreement, tariffs will apply. Fishing will be cherry-picked out of the trade arrangements. Tariffs will apply to fish—which, by the way, the Scottish Government study indicates would not necessarily be a terminal problem—and access to our waters for other UK fleets would cease. So it would be a mess of large proportions and we are rather hoping that it would not apply.

I see some puzzlement about the lack of access for anybody else. If there is no fisheries agreement—and there is precedent on this, with EU-Norway arrangements, for instance—there is no access to each other’s waters.

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[The Chair]

We have 10 minutes for five questions. Let us be quick.

[Peter Aldous]

Q You said that 80% of our exports go to the EU.

Andrew Kuyk: We export 80% of what we catch. The majority of that goes to the EU.

[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.

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[Luke Pollard]

Q On that point, we have had representations about Cornish bluefin tuna effectively being allocated as a catch-and-release stock in future. That seems to be an area where there might be a tension between recreational fishing and those commercial fishers who might want to catch and use that in the food supply chain. How can the tension be resolved for a stock such as that, and is there anything that needs to go in the Bill about how stocks could be better managed where there is a potential clash?

Martin Salter: To be honest, Mr Pollard, I do not think that is a matter for the Bill. We are looking forward to meeting the Minister on bluefin tuna, although we accept that he is pretty busy at the moment with two Bills going through Parliament. It is interesting that the bluefin tuna is still on the endangered list, but the International Union for Conservation of Nature list goes back to 2011, which predates the International Commission for the Conservation of Atlantic Tunas stock recovery programme. That stock recovery programme has seen the global quota increased to something like 38,000 tonnes. The EU gets 20,000 tonnes of that. Under ICCAT rules, the EU has to allocate a small proportion to a non-commercial interest—in other words, a recreational catch-and-release interest. The recreational sector only ever needs a very small part of that quota because of the mortality rate for bluefin tuna. They are big, tough animals, and the Canadian model shows that their mortality rate is around 3.6%.

You can therefore have a very small quota in the UK and develop a thriving recreational tuna fishery. Given that the stock is slowly recovering, I should imagine that ICCAT would consider it far too early to start thinking about cranking up commercial exploitation in an area of the globe where it has not traditionally happened. A first run at tuna, if you like, really needs to be a tightly licensed, properly controlled recreational fishery that sits alongside the tagging programmes that the World Wildlife Fund is currently doing in Sweden and has also done in the Mediterranean.

We need to know a lot more about these wonderful creatures before we open the door to commercial exploitation, and the first stage would be to set up a recreational bluefin tuna fishery. That would generate an awful lot of money for the south-west and for Ireland, and it would also mean—this is really important—that there would be anglers out there looking after this resource. Frankly, if stakeholders are not engaged in the fishery, bad people will do bad things to fish, as can be seen in the amount of illegal and black fish landings that take place every year in this country.

[Peter Aldous]

Q I have a couple of questions. Mr Salter, the highlight of the Second Reading debate was the vision of my hon. Friend the Member for Broxbourne (Mr Walker) for what recreational fishing might do for local economies. Does recreational fishing need to be mentioned in the Bill for you to actually achieve that objective?

Mr Trebilcock, the Bill suggests an enhanced role for producer organisations. Are you fit for purpose—not your specific PO but generally—to fulfil such a role? At the beginning of last month the European Commission issued a reasoned opinion to the UK Government, which admittedly was about the management of POs but in which there was a strong suggestion that you are not doing what you should be.

Paul Trebilcock: You are absolutely right. The Commission is certainly having a look and gave a reasoned opinion about POs functioning in the UK, although that focused primarily on the compliance checks and the audit process by the Marine Management Organisation rather than the functioning of particular POs.

The short answer to your question is that, yes, I think POs are fit for purpose. They are primarily fishermen’s organisations, entirely funded by fishermen and run by and for fishermen to manage quota, market and represent. They have an extremely valuable role. Is there room to improve as we enter a new regime? Absolutely. Clarification of a standard that all POs across the country must deliver to, clarity of function and a greater understanding from people outside POs of what they actually do would all be really useful.

[Peter Aldous]

Q If I could just come back on that, you said POs function very much for the benefit of their local communities. The Lowestoft producer organisation in my constituency is made up of three or four accountants in the town but seven trawlers that never come near the port. I do not think that that is functioning properly.

Paul Trebilcock: No, but in response I argue that the Cornish PO, for example, is made up of around 150 different fishermen, from small handliners catching mackerel and bass through to beam trawlers. That is an example of how a producer organisation might work.

In the Lowestoft example, the local boats sold to Dutch interests, and there was an evolutionary process. The Lowestoft PO functions as a producer organisation, securing maximum price for its members and that sort of thing. The local community in Lowestoft chose not to be part of that. It is important that, as we enter the UK operating as an independent coastal state, all parts of the commercial industry are encouraged into producer organisations to ensure that they collectively understand and drive the function and operation of producer organisations wherever they might be.

You really have to be seeing the benefit. Perhaps that is a role where UK Association of Fish Producer Organisations and producer organisations in general have not particularly done well in explaining to and educating people outside the PO movement what they actually do for fishing communities. The reach and effect of producer organisations goes beyond their membership in a lot of areas. I know that the south-west and east of England POs will help those in the local community who are not even in membership. I strongly feel that producer organisations do a tremendous job around the country at the moment, and have the scope to build on that and do better things as we go into the post-Brexit era.

Martin Salter: The highlight of any debate is the contribution from the hon. Member for Broxbournero, as we know.

Do we need recreational fishing on the face of the Bill? It is great when the White Paper says:

“We will consider how we can further integrate recreational angling within the new fisheries framework recognising the societal benefits of this activity and impacts on some stocks.”

However—your constituents who fish recreationally will tell you this—for many years they have been a bit sick and tired of seeing their recreational sea angling experience fall off a cliff edge as stocks are overfished, and in some cases get driven into parlous conditions. They feel that the recreational sector, despite its economic significance—its significance for jobs and for coastal communities—is basically being left to feed on the crumbs that are left over after commercial exploitation has had its whack.

If you look at quality fishery management—at America and Magnuson-Stevens, and the New Zealand fishery conservation legislation—shares are allocated. There is proper resource sharing. There is consideration in a sensible, grown-up, policy development way—recognising the social and economic impacts of the exploitation of different stocks for different purposes. It might not just be for recreational fishing. It might be for diving or other forms of tourism. It might be for conservation. Yes, putting it on the face of the Bill would send a strong signal, and would also mean a sea change from the very discredited policies of the common fisheries policy. What I think the Bill is really about is recognising that this is a new chapter for fisheries management. That is why I would urge you to support our amendment.

[The Chair]

We have eight minutes for five questions.

Fisheries Bill (Fifth sitting)

Peter Aldous Excerpts

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

[The Chair]

May I welcome the Committee to line-by-line consideration of the Bill and lay down a couple of parish notices? Most Members have probably sat on such a Committee before. For those who have not, the rules of dress, address and behaviour are identical to those in the main Chamber. Those who have sat under my chairmanship before will know that I tend to the traditional end of that line of thinking—I tend to be quite strict in requiring no coffees, no mobile phone noises, proper means of address, proper behaviour and all that kind of thing.

We addressed this last week, but I remind Members that amendments must usually be tabled by Thursday to be considered the following Tuesday, and by Monday to be considered the following Thursday. However, next week we will sit on Monday, so it will be necessary for Members to table any amendments they wish to be considered then before the rise of the House on Wednesday. That is slightly complicated, but we need to stick closely to it.

The selection list is in front of you and shows how the amendments have been grouped. You will know that the order of consideration of amendments is not necessarily the order in which they will be voted on. They will be voted on as they turn up in the Bill itself. We may allow a stand part debate at the end of the consideration of each clause, or, at my discretion, we may not if we had a reasonably good Second Reading-type debate during consideration of the amendments. We will try to avoid having too many stand part debates, apart from where there is a matter of great principle to be considered. I rely in particular on the Opposition to make it clear when they wish to have a stand part debate. I will be delighted to allow one if that is what you would like.

Clause 1

Fisheries objectives

[Peter Aldous (Waveney) (Con)]

I beg to move amendment 78, in clause 1, page 1, line 2, at end insert—

“(A1) Any public authority with any function relating to fishing activities or fisheries management must exercise those functions to achieve or contribute to the achievement of the fisheries objectives.”

[The Chair]

With this it will be convenient to discuss amendment 36, in clause 1, page 1, line 9, at end insert—

“(1A) Any public authority with functions relating to fisheries activities or fisheries management must have regard to the fisheries objectives in the exercise of those functions.”

This amendment would place a duty on public authorities to have regard to the fisheries objectives in exercising their fisheries functions.

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[Peter Aldous]

It is a pleasure to serve under your chairmanship, Mr Gray. I will seek to abide by the house rules you set down.

I have tabled quite a few amendments, so, if I may, I will say a few words of introduction about what is behind them. I represent Lowestoft—it is the largest town in my constituency—which I think we would say was formerly the fishing capital of the southern North sea. It was possible to walk on water from trawler to trawler, from one side of Hamilton dock to the other. That is not the case today; the trawl basin is largely empty. In Lowestoft, we have the worst-case scenario—we have seen how fisheries management can go horribly wrong.

We have rich fisheries off the East Anglian coast that bring very little benefit to East Anglian coastal communities. We do have a producer organisation—it is run from Lowestoft and has accountants in an office overlooking the trawl dock—but no fish are landed in Lowestoft. The trawlers in the Lowestoft PO land fish predominantly in the Netherlands. We are left with a small inshore fleet that lives a hand-to-mouth existence, unsure what quota of fish it will be able to catch from month to month. We might say it lives off the scraps from a rich man’s table.

With that in mind, the Bill needs to address three challenges. It needs to address the lack of fishing opportunities for fishermen such as those whom I represent; ensure we have a sustainable fishing management system; and ensure that we can bring significant benefits to coastal communities such as Lowestoft, many of which feel they have been left behind over the past 40 years.

The Bill provides us with an opportunity to put things right. Taking into account the short time that the Government and officials from the Department for Environment, Food and Rural Affairs have had to put the Bill together, we can say that they have done a good job with a lot to be commended. I acknowledge that it is an enabling Bill, and we probably do not want to get involved with or bogged down by a lot of detail. However, over the next two weeks we have the opportunity to scrutinise provisions that will provide the framework within which we can revive coastal communities—not just Lowestoft, but all around the coast of this country.

Let me turn to amendment 78—I am inclined initially to think of Julie Andrews, so I am starting at the very beginning, which is a very good place to start. Clause 1 sets out the fisheries objectives. There is concern that as currently drafted it does not provide a binding legal duty on all public authorities to achieve those objectives, so the amendment seeks to address that concern. It will ensure that the environmental and socio-economic protections that the authorities provide are implemented effectively, and it will help to secure the Government objective of delivering a truly sustainable, world-leading fisheries management system. It is complemented by amendment 80, to which I will speak later in our proceedings. Amendment 78 would impose an obligation on all public authorities. I acknowledge that in drafting terms that may not sit all that well with the Bill, but it raises genuine concerns, and I would welcome the Minister’s feedback on that issue and on how he will best take that concern on board.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I will speak to amendment 36 in addition to amendment 78. It is an honour to speak on behalf of the Opposition, not only as Labour’s shadow fishing Minister, but as an MP who represents a constituency that has nearly 1,000 fishing jobs in both the catching and the processing sectors. The Bill is a missed opportunity, and although we do not oppose it we have tabled a significant number of amendments to improve it and reflect the changes that the industry needs from a new regulatory framework. We seek to ensure that there are enough fish to catch in our ocean, and that the industry is truly sustainable, both economically and, importantly, environmentally.

There is perhaps just one sector of our entire United Kingdom economy that could be better on day one of Brexit—fishing—but only if we can ensure that our fish exports to markets are free of burdensome and expensive customs checks, and free from tariffs. Brexiteers and those behind the 2016 referendum made much of promises to the fishing industry, and Labour’s amendments seek to make real many of the promises that were made during the leave campaign, and since by Ministers, but that are missing from the Bill as drafted. Labour wants to work constructively with the Minister to improve the Bill, and I hope that he does, too.

This is a once-in-a-lifetime opportunity to start afresh and create a truly world-leading fisheries policy, and we must not waste that opportunity. There are good things in the Bill that we want to support, but there are far too many missing pieces. As I said on Second Reading, the Bill smacks of something that was pushed out hurriedly to ensure that a regulatory framework is in place in the event of a no-deal hard Brexit.

The Secretary of State for Environment, Food and Rural Affairs has committed the UK Government to leaving the natural environment in a better state than we found it, and rightly so. That is good and welcome, but we need more than soundbites—we need action, and many of our amendments would put such measures into legislation. There are significant concerns about the gap between the Government’s stated ambition, as set out in the White Paper, to deliver world-leading fisheries, and the duties currently in the Bill to deliver that goal. It is critical for the health of our oceans that the Bill includes a duty to deliver sustainability objectives as set out in clause 1. Without such a duty, targets are established but there is no clear obligation on authorities, other than the Secretary of State, to deliver them. There should also be a requirement for annual updates on progress made against those objectives.

Amendment 36 is vital. I am glad that the hon. Member for Waveney tabled a very similar amendment. He and I may sit on opposite sides of the House, but we have both spent a lot of time listening to our fishing communities in our respective constituencies, so we seem to be doing a cross-party tag team on many of our amendments. The purpose of the Opposition amendment is to place a legal duty on any public authority with any fisheries-related function to achieve the objectives set out in the Bill. Without such a duty, objectives are established but there is no clear obligation for authorities to deliver them. The Opposition seek an explicit carry-through of duties, rather than an implied or suggested one, as is currently the case.

We heard last week from Debbie Crockard, senior fisheries policy advocate for the Marine Conservation Society. She said:

“The ambition here is for world-leading sustainable fisheries management. At the moment we do not have a duty in this Fisheries Bill to meet the objectives in the Bill. Those objectives cover a lot of very good things—sustainability and a precautionary approach—but without the duty there is no clear obligation to deliver those objectives. Without that clear obligation you are in a situation where they might not be met and there is no obligation to meet.”––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 80, Q157.]

Our amendment would make a simple but effective change. We are pleased with many of the words in the objectives, but it is important that we carry those through. I would be grateful if the Minister would say how he will ensure that those objectives are properly implemented and do not just exist on paper in the Bill.

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[George Eustice]

I simply believe that the approach we have set out, of a joint fisheries statement that can be regularly updated and can express in great detail how we intend to deliver those objectives, is more powerful than a simple addition to the clause. In this Bill we give legal effect, via the joint fisheries statement, for a requirement on Administrations to follow those objectives.

There are occasions, as the right hon. Gentleman will know from his constituency, when we have to do annual fisheries negotiations with Norway and the Faroes, and we have to do the coastal states negotiations on issues such as mackerel. Sometimes, countries such as Norway use other scientific measures, although maximum sustainable yield is one of their approaches, too. Sometimes, we have to reach an agreement, and if we are too inflexible in our approach to reaching an agreement with countries in those circumstances, everybody unilaterally sets their own quota and goes their own way, and the marine resource suffers. It is important that our plan has the flexibility to enable us to reach a settlement with our near neighbours such as Norway and the Faroes.

I hope I have been able to persuade hon. Members that the approach we have set out deals with the intention behind the two amendments, and that they will not feel the need to press them.

[Peter Aldous]

I have listened carefully to the Minister’s points. Although it was important to highlight the issue we need to take into account, I am generally content that the existing provisions, particularly the joint fisheries statement, cover the matter On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 36, in clause 1, page 1, line 9, at end insert—

“(1A) Any public authority with functions relating to fisheries activities or fisheries management must have regard to the fisheries objectives in the exercise of those functions.”—(Luke Pollard.)

This amendment would place a duty on public authorities to have regard to the fisheries objectives in exercising their fisheries functions.

Question put, That the amendment be made.

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[Luke Pollard]

I am grateful for the Minister’s response. It is important that when we are looking at our marine environment, we look at not only the fish in it but at aspects of human history. When we get to talking more broadly in this place about the wrecks at risk register, I hope we have a new ally. Given what the Minister has said, I do not wish to press the amendment. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Peter Aldous]

I beg to move amendment 79, in clause 1, page 2, line 11, at end insert—

“(c) to ensure that fishing activities are managed in a manner that contributes to the achievement of good environmental status as set out in Article 1 of Directive 2008/56/EC and is consistent with all other international and domestic environmental legislation.”

 

The amendment would add to the ecosystem objective. Taking account of the fact that fishing can have significant implications for the health of the wider marine environment, it would impose a duty to deliver fisheries management in a way that is coherent with other relevant environmental legislation. It would also set ecosystem management in an international context, ensuring that we adhere to international environmental legislation. In many respects, the amendment can be viewed as providing belt and braces—perhaps even duplication—but ecosystems around the world are interconnected and it is important that we recognise that. I tabled the amendment to seek assurance and confirmation from the Minister that the Government are thinking globally and are aware of their international obligations and duties.

[George Eustice]

My hon. Friend highlights the marine strategy framework directive, which sets out the commitment to good environmental status. It is important to recognise that we are already legally bound to deliver that commitment to good environmental status, because the directive has already been put into our domestic law through the Marine Strategy Regulations 2010. We already have those on our statute book.

My hon. Friend will be aware that we are bringing across all retained EU law, including objectives of this sort, under the European Union (Withdrawal) Act 2018. We have been clear that we do not intend to have regression in our approach to environmental protection, although once we are free of the European Union there will be things that we can do better and more effectively. We can tailor legislation that works to deliver some of these objectives better than we can as a member of the EU, where legal requirements do not always achieve the desired outcome as effectively as they could.

On my hon. Friend’s wider point about working internationally, we have been absolutely clear that we are leaving the European Union because we want to make our own laws again, but in doing so we intend to reassert ourselves on many international conventions, where we have, frankly, lost our voice. We find ourselves in an extraordinary situation in many of the regional fisheries management organisations and in important conventions, such as the convention on international trade in endangered species and the convention on biological diversity, where, even though we are a signatory, we are not allowed to speak as an independent country.

The supposed duty of loyal co-operation means that we must always vote the way the EU tells us to vote. This leads to situations, for instance on the International Whaling Commission, where the UK would often wish to go further than the European Union is willing to and we are forced to follow an EU line. In the final days of the last Labour Administration, the then Secretary of State ordered officials to vote for a more restrictive measure to protect bluefin tuna under CITES regulations. The EU started infraction proceedings against the UK as a result of us exercising that decision to try to protect bluefin tuna. Infraction was only avoided by the then Labour Government giving an apology and saying that they would not do such a thing again.

Since the Lisbon treaty in particular, the UK’s voice on the international stage has been undermined. As we leave the EU we will take our own independent seat on regional fisheries management organisations and other important conventions, and I believe that we will have more influence. I hope that I have been able to reassure my hon. Friend that we are not by any means retreating from the world. Indeed, as we leave the European Union and become an independent country again, we will be able to have our own independent voice on these critical international organisations, where we are well placed to lead.

[Peter Aldous]

I am grateful to the Minister for that reassurance and confirmation that the UK is very much aware of its environmental responsibilities and is thinking globally. He is right to be adopting that approach. I will highlight two issues. The UK overseas territories might be small in land mass, but many sit in enormous oceans. We also have, in my own constituency, the Centre for Environment, Fisheries and Aquaculture Science, which is an arm of DEFRA. Over the last few years, CEFAS has been very successful in winning work all around the globe. It is very important. We have a great opportunity. It is something that the British people feel very strongly about as well.

[George Eustice]

My hon. Friend raises an incredibly important point. CEFAS is the world’s pre-eminent fisheries science agency and its views are sought after around the world. Dr Carl O’Brien, the lead scientist at CEFAS, spoke in the evidence session. It does a lot of work in the middle east, in countries such as Kuwait, as my hon. Friend will be aware.

[Peter Aldous]

I am pleased that the Minister has given me the assurance that I was seeking about the Government’s aspirations and ambitions. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Fisheries Bill (Sixth sitting)

Peter Aldous Excerpts

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

[Peter Aldous (Waveney) (Con)]

I beg to move amendment 80, in clause 1, page 2, line 32, at end insert—

“(10) The fisheries policy authorities mush publish, on at least an annual basis, an update on progress made against the fisheries objectives.”

[The Chair]

With this, it will be convenient to discuss the following amendments: 48, in clause 2, page 3, line 19, at end insert—

“(3A) For the purposes of this Act, a ‘UK fisheries statement’ is a statement made jointly by the fisheries policy authorities on progress towards achieving the fisheries objectives.

(3B) The first UK fisheries statement must be published within 12 months of this section coming into force, and each subsequent UK fisheries statement must be published within 12 months of the previous statement being published.”

This amendment would add a requirement on the fisheries policy authorities to publish a joint “UK fisheries statement” within 12 months of the section being brought into force

Amendment 49, in clause 2, page 3, line 19, at end insert—

“(3A) The Secretary of State must annually lay a statement before Parliament on progress towards achieving the fisheries objectives.

(3B) The first such statement under subsection (3A) must be laid before Parliament within 12 months of this section coming into force.”

This amendment would add a requirement on the Secretary of State to lay before Parliament an annual statement on progress towards achieving the fisheries objectives.

[Peter Aldous]

It is a pleasure to serve under your chairmanship, Sir Roger.

Amendment 80 would add the proposed words to clause 1 and it should be read in conjunction with amendment 78. It provides for the fisheries policy authorities to publish, at least annually, an update on the progress that they have made towards securing the fisheries objectives. It would give the objectives true meaning and day-to-day relevance, rather than their being somewhat abstract from reality.

From the viewpoint of accountability and transparency, which in so many respects are missing from the current opaque fisheries management regime, it is important that this amendment should be considered. It would help to deliver a truly sustainable and world-leading system of fisheries management.

I tabled the amendment because I want to hear from the Minister what he plans to do to address these particular concerns.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

It is a pleasure, Sir Roger, to serve under your chairmanship. The hon. Gentleman’s amendment sits in conjunction with amendments 48 and 49, which I tabled, in making sure that we would have an annual report from Ministers on progress. Given this morning’s debates, it is really important that there should be an annual opportunity for the scrutiny of Ministers in relation to this issue.

Currently there is a very unsatisfactory situation, as hon. Members need to scramble away and persuade colleagues on the Backbench Business Committee to have an annual fisheries debate in Westminster Hall. Indeed, we have one tomorrow, but I suspect that it will not attract the attention it should, because it is not in the main Chamber. The ability to have that annual presentation of reports by the Secretary of State and a good debate, with all Members of the House able to contribute, is a really important part of this amendment—in effect, that is what we seek. It also relates to when such a debate must take place.

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[George Eustice]

In DEFRA we have brought in more Bills—more significant pieces of legislation—in the past 12 months than at any time in recent history. Parliament is currently considering an Agriculture Bill that is the first such major piece of legislation since 1947. Of course, the Fisheries Bill will give us control of our waters for the first time in more than 40 years. So, at DEFRA at least, we are making good progress in getting through some critical legislation.

I hope that I have reassured both my hon. Friend the Member for Waveney and the hon. Member for Plymouth, Sutton and Devonport that while it is indeed our clearly stated intention to publish an annual statement of the state of stocks, it is unnecessary to make it a statutory requirement in the Bill.

[Peter Aldous]

I have listened with interest to the Minister’s reply. I do not necessarily want to overburden the Bill—it is, as he says, an enabling framework Bill—with unnecessary rules and regulations. However, one of this Parliament’s best pieces of legislation was the Climate Change Act 2008, and that contains an obligation to report annually to the House. I hear what he says about the emerging environment Bill. I confess that I have not considered every step of that emerging Bill, and I am aware that certain organisations feel that we need to join up better the management of the marine environment and the land-based environment. On balance, being kind to the Minister, I will not press my amendment to a vote at this stage, but I will bear in mind his undertaking to look at this matter more fully on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[George Eustice]

We have had a comprehensive discussion about clause 1 through the consideration of a series of amendments. The key purpose of the clause is to set out our fisheries objectives, which are largely taken from the existing objectives in the common fisheries policy. The clause also commits us to all those objectives and includes descriptions of them. I do not intend to dwell on the clause any further, since, as I said, we have spent the past few hours discussing each of those objectives in great depth.

[Mr Carmichael]

Among those who gave evidence to the Committee last week, a common recurring theme was that there was something of a disparity between the vision that was laid out in the White Paper, which the Liberal Democrats broadly welcomed, and the rather narrower vision that was left in the Bill. It is also fair to say that we would have hoped to find in clause 1 a number of aspects of the White Paper’s vision. It is disappointing that we have not made more progress. I have been around this place long enough to know how these things work, so I am not necessarily very surprised, but it is fair to put the Minister on notice that the Liberal Democrats will wish to return to certain issues in relation to clause 1 when the Bill goes back to the Floor of the House. Failing that, I am fairly certain that my noble Friends at the other end of the building will also have thoughts on this matter.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Fisheries statements

[Peter Aldous]

I beg to move amendment 87, in clause 2, page 2, line 37, at end insert

“and their policies for distribution of fishing opportunities.”

[The Chair]

With this it will be convenient to discuss amendment 88, in clause 2, page 3, line 17, at end insert—

“(j) distributing fishing opportunities.”

[Peter Aldous]

These two amendments seek to obtain clarification on what one might describe as the elephant in the room in current fisheries management—that is, the fair distribution of fishing opportunities. The current situation is one of haves and have-nots, and we have heard that what is now known as the under-10-metre sector falls into the have-nots. The Bill provides no clear forum for the four nations of the UK to discuss and consider appropriate methods of distributing fishing opportunities to their fishing vessels, and that needs to be better co-ordinated and more coherent. These amendments would require the pursuit of a detailed, decided and considered approach to the distribution of fishing opportunities, and I would welcome clarification on the approach that the Minister is pursuing in order to address this issue.

[Luke Pollard]

The hon. Gentleman’s amendments are worthy of decent consideration, because the distribution and redistribution of fishing opportunities plays a key part in what we are discussing today. It is therefore worth spending a few moments reflecting on what has been said. The amendments are brief, in terms of the number of words, but substantial in their potential impact.

More transparency about how quota is allocated to our fishing fleet would be welcome, because the allocation causes much distress among fishers. Some want more, and some do not have any at all. We would support transparency, but we would like to go further. We have tabled amendments, which we will come to later in our consideration, that would ensure that future and existing allocations of quota were distributed under social, environmental and economic criteria. There was much talk on Second Reading and in the evidence sessions about the unfair imbalances of quota between large and small fleets, and the amendments would improve transparency and accountability in how those quotas are given out.

Even under the common fisheries policy, the Minister has the power to reallocate quota, so it is important that we understand the approach taken to allocating quota annually, whichever party is in power. An often-cited critique of the European Union is that the size of the pie, in terms of quota, has been restricted. The debate needs also to focus on where that pie is shared out—how it is distributed between large and small boats and different fisheries—and its economic contribution to the UK.

The fixed quota allocation system, which was heavily criticised for being unfair at the outset, has not really been updated since the 1990s. Indeed, in the evidence session last week, the hon. Member for Waveney made a strong case as to why there is an opportunity for understanding how quota is allocated. As a result of the existing system of ownership, fishing quota has become increasingly consolidated among large-scale interests. Griffin Carpenter from the New Economics Foundation said:

“In essence, fisheries have been accidentally privatised. Every year, quota is allocated to the same holders”.––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 102, Q196.]

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[George Eustice]

I am grateful to my hon. Friend the Member for Waveney for introducing these amendments. He has been a long-standing campaigner for a fairer deal for our inshore under-10 metre sector in his constituency. I want to set out what we have done to try to give more fishing opportunities to the under-10 sector, what we intend to do and set out in our White Paper, and finally address the specifics of his two amendments.

First, my predecessor, my right hon. Friend the Member for Newbury (Richard Benyon), introduced something called fixed quota allocation permanent realignment, where he took unused quotas from the producer organisations and effectively drew it back into the pool. That led to the legal challenge that I referred to earlier, which the Government won. We therefore secured that fixed quota realignment of unutilised quota from producer organisations.

Secondly, when the discard ban was introduced and the landing obligation came in under the new common fisheries policy, I took a policy decision in 2014 that the first 100 tonnes of any additional quota through the discard uplift would be top-sliced and given to the under-10 pool to boost the number of fishing opportunities they had. Even if they have more haddock than they could possibly catch, we could nevertheless give the pool the quota and the currency it needed to swap in fish that it could select. These two measures together have given a significant uplift in the baseline quota that the under-10 metre sector have.

We have set out clearly our approach to the future in our White Paper. As we diverge from relative stability and have additional inward quota transfers, we will not allocate that quota just by divvying it out along existing FQA lines. While existing fishing opportunities for the time being will remain on an FQA system to provide stability, we intend to allocate any new quota with a different method. As I made clear this morning, one option we are looking at closely is whether an early priority should be to give additional fishing opportunities to the under-10 meter pool in advance, and over and above that which we have already done, as we gain additional quota and diverge from relative stability. I think I have demonstrated in the last few years my commitment to give more fishing opportunities to the under-10 metre pool, as did my predecessor.

Amendment 87 seeks to add a requirement to set out objectives for the distribution of fishing opportunities in the joint fisheries statement. In this clause, I think stumbles in a devolved issue, as the hon. Member for Kilmarnock and Loudoun said. As I said earlier, although the UK Government have the power to allocate a quota to the devolved Administrations, it is for each devolved Administration to decide how it allocates quota to its own fleet and to the fleet registered in its Administration.

The proposal made by my hon. Friend the Member for Waveney in amendment 88 raises an interesting point. I have looked at clause 2(2), which sets out the existing scope of the Secretary of State fisheries statement. Subsection (2)(e) talks about

“contributing to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic factors”.

Subsection (2)(h) talks about

“promoting coastal fishing activities, taking into account socio-economic factors”.

Should at least one of those options that links the socio-economics of fishing communities make explicit reference to the distribution of fishing opportunities? I hope he will take a steer from me that it is my intention to have conversations with other Government colleagues and Departments and, on Report, seek to suggest an amendment to one or other of the existing factors outlined in subsection (2) that could make a more explicit reference—I think it is currently implicit—to fishing opportunities.

On that basis, and with such a concession, I hope my hon. Friend will withdraw his amendment.

[Peter Aldous]

I am grateful to the Minister for his reply. I hear what he says about amendment 87 and the fact that, as the hon. Member for Kilmarnock and Loudoun said, it stumbles into devolution issues. However, I am grateful for the Minister’s undertaking to look at clause 88 in more detail with a view to coming back with more information addressing my concerns on Report. On that basis, I do not wish to push the amendment to a vote.

Amendment, by leave, withdrawn

[Luke Pollard]

I beg to move amendment 50, in clause 2, page 3, line 17, at end insert—

“(j) promoting the development of fishing and aquaculture activities that conserve, enhance or restore the marine and aquatic environment.”

This amendment would add promoting activities to conserve, enhance or restore the marine and aquatic environment to the policies to be included in the fisheries statements.

Amendment 50 seeks to continue the discussion we had this morning on aquatic environments and the preservation of marine heritage on the seabed. Recognising the conversation we had earlier, I suspect the Minister may not be minded to support the amendment. However, it is worth spending a moment on the “marine aquatic environment” wording to ensure that it is consistent throughout the Bill. The concern is that the wording is inconsistent with, for instance, clause 31(2)(b). The amendment would ensure consistent application on the same basis in promoting the development of fishing and aquiculture activities that conserve, enhance or restore the marine and aquatic environment.

The Minister spoke earlier about the importance of protecting the marine environment and I am grateful for his words. We recognise that the fishing industry has played an important part over many years in discovering much of the marine heritage that has been snagged in its nets or gear and brought to the attention of archaeologists. Some of the UK’s most significant marine heritage assets have been discovered by fishermen. The important part of this measure is recognising that, although fishermen undoubtedly seek to avoid snagging their gear on underwater heritage assets because of the hazards and costs involved, impacts that cause damage to underwater heritage sometimes still occur. The stakeholders that we spoke to in advance of the Bill are keen that the relationship between those marine heritage assets and the fishing industry is understood in the Bill.

There are two elements. The Minister touched on the heritage aspect earlier when we discussed a similar amendment. The application of the consistent wording of marine and aquatic environment is also worth looking at.

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Division 3

Ayes: 6

---

Labour: 5
Liberal Democrat: 1

Noes: 9

---

Conservative: 9

[Peter Aldous]

I beg to move amendment 15, in clause 2, page 3, line 24, at end insert—

“(e) the Minister with responsibility for English fisheries.”

To set the Minister with responsibility for English fisheries at an equal level to Scottish Ministers, Welsh Ministers and the Northern Ireland department.

[The Chair]

With this it will be convenient to discuss amendment

Amendment 16, in clause 9, page 6, line 9, at end insert—

“(e) the Minister with responsibility for English fisheries.”

To require the Secretary of State to secure the consent of the Minister with responsibility for English fisheries regarding any amendments concerning licensing of boats in England.

[Peter Aldous]

The intent behind these amendments applies also to amendments 17, 18 and 19, and new clause 8. I would be inclined to describe this as the West Lothian question set to fishing. In principle, there is a lot to commend evolution in a fishing context. We are getting towards that regional, more local system of management, which a lot of people felt was one of the problems with the common fisheries policy. There is a concern that the English are being left behind and that we are not on equal footing with the other three nations of the United Kingdom. The amendments are tabled in the spirit of seeking to extract from the Minister a more appropriate and consistent political accountability for English fisheries. There may not be a problem immediately but I sense we might be storing one up further down the line.

There is a concern that the arrangements in the Bill concerning what is known as each “relevant national authority” are asymmetrical to the exclusion of the representative voice for English fisheries. There is a worry that the political representation for English fisheries is inconsistent and, at times, lacking political accountability. When the Bill refers to the national authorities, the arrangements for Scotland, Wales and Northern Ireland are consistent. Those authorities are the Scottish Ministers, Welsh Ministers and the Northern Ireland Office. However, in the case of England, the arrangements are inconsistent. In some cases, the Marine Management Organisation is identified as the national authority; in other cases, the Secretary of State is identified as the fisheries policy authority.

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[George Eustice]

I can, because that is an absolutely sensible compromise to ensure that only English MPs should vote on those pieces of legislation that affect only English matters. I believe that that is not about having an English Government, but a procedure in our Parliament to ensure that English MPs vote on laws that affect their constituents.

There is another issue. I might say, what about Cornwall? Cornwall is slightly different, as you will know. The Fisheries Minister at the moment represents a Cornish seat, but there are representations from organisations such as Cornwall Council that seek to have more of a formal role for Cornwall in decision making. That links to the point made by the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, that there may be a more formal role for the IFCAs, which could draw them into the consultations that we have ahead of the annual fisheries discussions. At the moment, we have meetings with both environmental and fishing stakeholders, and engage closely with them in the lead-up, but it may be that we should have a process for involving the IFCAs in part of that discussion. That may be one way to address the issue.

My hon. Friend the Member for Waveney mentioned that parts of the Bill say “the Secretary of State” and others “the Marine Management Organisation”. This clause, which is about putting together a policy statement, clearly relates to the Secretary of State. The term marine management organisation tends to be used, in most clauses, in the context of its enforcement and licensing roles. Parts of the Bill use the term marine management organisation because of the powers it has under the Marine and Coastal Access Act 2009 to manage licences and to carry out enforcement activities.

My hon. Friend raises an important point, but it goes well beyond the scope of the Bill. I would say this: in my time doing this job, I have never actually had any difficulty reconciling the role that I play as UK Minister in international negotiations, arguing the case for the UK, and the role that I play as an English Fisheries Minister, making decisions around the distribution of quota, technical measures to protect buried lobsters and a whole host of other things, which I agree for England only. It does not cause me any conflict. There are potential inconsistencies, as he highlighted, but I believe they are inherent in the devolved settlement that we have; over the last 20 years, we have learned to manage those effectively.

[Peter Aldous]

I accept that the Bill is not the right place to take account of these concerns, but it is important to air them, and that is what I have done. I sense that there might be a problem further down the line. I hope that I have fired a warning shot that that might be a problem and that we need to be awake to that, and to address it.

In the Fisheries Bill, we are setting out the new UK fishing policy—the UKFP—which will replace the CFP, in which we had the EU. I am not saying the EU is necessarily an umpire or an adjudicator, but it is another party, and it will be removed from future discussions. I suggest that the Secretary of State’s role could well come under closer scrutiny, and I sense that this issue could materialise as a problem sooner rather than later. On that note, although it is important that we have aired the issue, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3

Preparation and coming into effect of fisheries statements

[Luke Pollard]

I beg to move amendment 51, in clause 3, page 3, line 38, at end insert—

“(5) The Secretary of State must by regulations establish a system to resolve disputes between fisheries policy authorities that result in no joint fisheries statement being published.

(6) In establishing the system under subsection (5), the Secretary of State must in particular ensure that the dispute resolution system makes provision to require the fisheries policy authorities to make use of the system if it appears that no JFS will be published by 1 January 2021 due to disputes between the fisheries policy authorities.”.

This amendment would provide for the Secretary of State to establish a system for resolving a dispute between the fisheries policy authorities which could otherwise result in no joint fisheries statement being published.

Amendment 51 seeks to establish a dispute resolution mechanism, should there not be agreement between the partners on a joint fisheries statement. This week is a perfect example of how dispute resolution mechanisms are actually quite useful and should be put in place before the dispute that needs to be resolved has arisen, and that is what the amendment seeks to do.

Of course, we hope that all fisheries policy authorities representing each part of the UK will be able to agree their joint fisheries statement without problems or roadblocks emerging in the discussions—the parties involved may even go into those discussions fully intending to reach agreement as swiftly as possible—but we know that in real life these things can sometimes turn out rather differently to what everyone intended.

The amendment, which has been suggested by the National Federation of Fishermen’s Organisations and the Blue Marine Foundation, therefore seeks to discover what the Government think should happen in the event that reaching an agreement on the joint fisheries statement proves to be a more difficult and protracted process than expected, or in the event that one or more of the authorities wishes to have fishing opportunities distributed on a very different basis to the others, where there is a conflict between that distribution method and the methods of their neighbours.

We need to bear it in mind that in many cases the stock of fish will be passing between shared waters and around our islands. In that respect, what happens in one jurisdiction has an impact on what happens in another jurisdiction. Therefore, the amendment seeks to place duties—

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[Luke Pollard]

I can indeed; it is because two was suggested. Feedback from stakeholders was that they felt that six years was too long. A number of suggestions came back for different periods, two and three being some of those—indeed, Fishing for Leave was strong in its advocacy of two years. I felt that two years is too frequent, but six years is too long. Therefore, looking to lock it into the period during, in theory, a parliamentary five-year term, seems to be the right amount of time.

I am grateful for the flexibility that the Minister has set out. Should the Government change, I would expect that flexibility to be used by a Labour Government in moving that to five. I think that would be the right thing to do. However, on the basis of the discussion we have had, I am content not to push the amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 5 ordered to stand part of the Bill.

Clause 6

Effect of statements

[Peter Aldous]

I beg to move amendment 89, in clause 6, page 4, line 29, leave out from “authority” to end of line 34.

[The Chair]

With this it will be convenient to discuss amendment 90, in clause 6, page 4, line 37, leave out from “authority” to end of line 42.

[Peter Aldous]

Amendments 81 and 82, which come next, also relate to this clause, and the points that I make now apply to those changes as well.

[The Chair]

I think it is better to discuss those separately because they are grouped separately. We will stick to amendments 89 and 90 for now.

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[Peter Aldous]

Thank you, Mr Gray.

I will highlight two points on which I hope to gain clarification from the Minister. First, it is important for all public bodies involved in fisheries management to adhere to the principle of the fisheries statements. The amendments therefore seek to expand the scope of the list of those authorities to which the statements apply. I have also sought to ensure that the list is not exhaustive.

Secondly, the amendments would reduce those authorities’ discretion not to comply with the obligation. They would provide a legally binding commitment on the public authorities to achieve the fisheries objective. I am concerned about what appears to be some wriggle room for authorities not to comply with the statements. I would be grateful if the Minister allayed my concerns.

[Luke Pollard]

Although this might be the kiss of death for the hon. Gentleman’s amendment, the Opposition are minded to support it, because it seeks to improve the duties in the Bill.

The Bill’s wording gives significant powers for a relevant national authority to amend policies contained within the joint fisheries statement with little scrutiny or challenge. The amendment would remove the vague and meaningless “relevant considerations”, a term that appears to be a get-out clause to allow authorities to act as they please when it suits them.

Earlier, the Minister said that the power would enable reaction to a huge surprise event, but how can we be sure that it would not be abused? The clause is not specific enough, and no safeguards are in place to stop it being used as a “Get out of jail” card. As my hon. Friend the Member for Pontypridd did, I ask the Minister what “relevant considerations” mean in this context. That is the nub of the concern expressed by the hon. Member for Waveney.

In the evidence session last week, Tom Appleby from the Blue Marine Foundation criticised the clause as it stands:

“Our fisheries statements are a bit woolly. I notice that there is a bit in here that says that they do not have to adhere if relevant considerations are taken into account. What is a relevant consideration? I could not find a definition of that.

We have not nailed the Secretary of State to the floor in this Bill, and that could be done.”––[Official Report, Fisheries Public Bill Committee, 4 December 2018; c. 56, Q120.]

I am not, of course, advocating nailing the Secretary of State to any floors—[Interruption.] Indeed. Government Members might like to go there, but not Opposition Members. Debbie Crockard of the Marine Conservation Society said something similar at another of our evidence sessions:

“the problem with the joint fisheries statement is that, under clause 6(2), if a national authority takes the decision to act other than in accordance with the JFS, it simply has to state the reason why. There is no binding duty to follow that JFS. If it goes against the JFS and sets fishing limits that are not legally bound, there is nothing to hold it to account in that situation.”––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 77, Q152.]

Both the concerns expressed by the hon. Member for Waveney, and that concern about the lack of any dispute resolution, go to the heart of the weakness of the joint fisheries statement that he rightly highlighted.

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[Peter Aldous]

It has been a useful short debate. I was not happy with the clause as it is drafted; there needs to be a balance between flexibility—that is needed—and not too much flexibility that gives the get-out-of-jail card. I thank the hon. Member for Kilmarnock and Loudoun for his suggestion that we look at this in a bit more detail, and the Minister for taking up that offer. I look forward to looking at this matter more closely in redrafted clauses on Report. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 6 ordered to stand part of the Bill.

Clause 7 ordered to stand part of the Bill.

Clause 8

Access to British fisheries by foreign fishing boats

[Peter Aldous]

I beg to move amendment 21, in clause 8, page 5, line 13, leave out “a” and insert “an annual British”.

The amendment applies to clause 8 and to schedule 2. There is concern that there are no provisions in the Bill for foreign vessels to comply with the same standards as UK vessels. Foreign vessels’ access to UK waters must be contingent on compliance with the same environmental standards as are applicable to UK vessels. That way, there will be a level playing field and the same high level of environmental protection will apply to all fishing in UK waters.

There is a worry—perhaps I am being alarmist—that the Dutch might be allowed to continue with the environmental vandalism that is electro-pulse fishing, which takes place off the East Anglian coast, and which we may or may not debate in more detail later.

I would welcome clarification from the Minister. I ask that he allay my concerns and assure me that the same level playing field will apply to all vessels in UK waters.

[Luke Pollard]

The amendment seeks to limit the time foreign boats have a licence to fish in UK waters to a single year. It is important that British boats take back control of our waters and the lion’s share of our quota, consistent with moving from relative stability to zonal attachment, which is where the hon. Gentleman is going. With regard to foreign boats, we need to explore this issue in much more detail and depth. There is concern about the simple timeframe, but the general principle the hon. Gentleman is following is a good one to explore further. I will sit down so the Minister can do precisely that.

[George Eustice]

I can give my hon. Friend the Member for Waveney the reassurance he seeks. The amendment is unnecessary. The reason is that we are absolutely clear and explicit that in future, once the Bill comes into effect, it will be prohibited for any foreign vessel to fish in UK waters in the UK’s exclusive economic zone unless it has a UK fishing licence. I draw his attention to clause 11(1), which could not be clearer. It states that

“Fishing within British fishery limits by a foreign fishing boat is prohibited unless authorised by a licence.”

He should read that in conjunction with clause 12(3), which states quite clearly that

“A licence under this section may be granted so as to impose limits on the authority”.

That licence would govern the area in which fishing is authorised, so it could prevent fishing in certain areas; the periods, times or particular voyages during which fishing is authorised; the types of fish that are allowed be caught during a visit to UK waters; and finally, in subsection 12(3)(d)—of relevance to pulse trawling, which I know my hon. Friend feels strongly about—the method of sea fishing. That would give us all the powers we need to impose on all foreign fishing vessels a requirement to use a particular type of fishing method and a particular gear type. Without wanting to dwell on the detail, clause 31 also gives powers for the Administrations to set technical conservation measures in their waters, separate from the conditions which are attached to the licence. On that basis, I hope that the he agrees that the amendment is unnecessary.

My hon. Friend the Member for Stafford made a point about the use of the term “British” and whether we mean “UK” or “British”. In general, we talk in terms of a UK fishing licence, which is a licence issued by any of the Administrations in the UK. In the event of granting a licence to foreign vessels, the MMO, with the consent of the devolved Administrations, would issue a single licence on behalf of every part of the UK. A separate, long-established term in fisheries legislation from 1967 and before is “British vessel”, which tends to mean any vessel that is registered to the UK—including Northern Ireland—or to the Crown dependencies, or British-owned vessels. The term “British vessel”, which stems from an era in which “British” tended to be used in a different context to that of today, runs through our previous legislation and is used in parts of the Bill.

[Peter Aldous]

I thank the Minister for his latter clarification in response to the question from the hon. Member for Stafford. He has saved me from the embarrassment of shoddy use of language. I am also grateful to him for providing such extensive clarification and reassurances, and on that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[George Eustice]

Clause 8 simply sets the terms under which foreign fishing boats may enter British fishery limits and replaces section 2 of the Fishery Limits Act 1976. Under that section, as amended by the Scotland Act 1998 and the Northern Ireland Act 1998, the Secretary of State and Ministers of devolved Administrations may designate, by Order in Council, the foreign countries whose vessels may enter British fishery limits.

Paragraph 8(1)(a) provides that a foreign vessel can enter British fishery limits only if it has a sea fishing licence. The effect of the clause is that all foreign fishing vessels will need the express permission of the UK to enter into our waters to fish. Subsection (2) requires that foreign fishing boats must leave British fisheries limits as soon as their fishing activities or other purposes for entering British fishery limits have been completed.

The purpose of the measure is to ensure that foreign vessels entering UK waters leave once their permitted purpose has concluded. Subsection (3) creates an offence against the master, and an offence of vicarious liability against the owner and the charterer of a foreign fishing vessel, for entering UK waters for any purpose other than fishing in accordance with a sea fishing licence, and under international law agreements or arrangements.

--- Later in debate ---

[George Eustice]

The clause sets out the conditions under which British fishing boats would be licensed to fish in UK waters and prohibits fishing without a licence, except for stated specific exemptions. The Secretary of State may make regulations to add, remove or vary the exceptions listed. Scottish and Welsh Ministers and the Northern Ireland Government must be consulted prior to any such regulations being made.

If British fishing boats take part in fishing activities in UK waters that are not exceptions under subsection (2) without a fishing licence, the owner, charterer and master will be guilty of an offence. Further information on the offences and associated penalties is contained in clauses 14 to 16, which we will come to.

[Peter Aldous]

I will not detain the Committee long. New clause 18 is a probing one to seek clarification from the Minister on the extent of the MMO’s responsibility with regard to the licensing of fishing boats. I particularly seek clarification that the conditions will still apply when rights have been transferred. I am concerned that there might be loopholes that the ingenious might seek to exploit, and I would be grateful if the Minister could allay my concerns on that point.

[George Eustice]

The proposed new clause relates to the enforcement functions of the MMO. I can tell my hon. Friend that the MMO already has a wide suite of enforcement powers. I will get bored with mentioning this Act, but part 8 of the Marine and Coastal Access Act 2009 sets out the MMO’s powers. Section 238 gives it powers to enforce fisheries legislation; sections 246 to 254 give it powers of entry, search and seizure; and sections 264 to 287 give it fisheries enforcement powers, such as inspection powers, so the MMO already has a broad suite of powers in current legislation.

--- Later in debate ---

[The Chair]

I call Peter Aldous to move amendment 17.

[Peter Aldous]

I will not move amendment 17, because it relates to—shall we say—the West Lothian question relating to fishing.

[The Chair]

You just need to say it is not moved; there is no need to speak to it. Unless anyone disagrees, I do not think there is any need to debate clause stand part.

Clause 10 ordered to stand part of the Bill.

Clause 11 ordered to stand part of the Bill.

Clause 12

Power to grant licences in respect of foreign fishing boats

Fisheries Bill (Seventh sitting)

Peter Aldous Excerpts

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

[Luke Pollard]

In fact, much of the inspiration behind the amendment and new clause came from some of the work by the Scottish Government, who looked at having a Scottish landing obligation to land fish caught under Scottish quotas in Scottish ports. There needs to be agreement with the devolved Administrations that more fish caught under UK quota being landed in UK ports is a good thing and that the benefits can be shared across our United Kingdom.

Fishing is an important source of income for some of the most deprived communities in Europe. West Wales, including Milford Haven, is ranked as the poorest area in Europe. West Cornwall is second; Lincolnshire, including the Grimsby area, comes in fifth; Devon is 13th and Tyne and Wear is 20th, according to Eurostat statistics. Many others are rural areas that have fewer alternative employment opportunities, such as Shetland, Stornoway and Brixham, as we heard in the fisheries debate yesterday.

The amendment could and, I think, would create more jobs in those coastal communities and was backed by Members from all parts of the House speaking on Second Reading. My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) said that

“the fishing industry is not just about the catching side; there is still a very important processing and aquaculture industry alongside it…It is an important provider of jobs in…Grimsby…with some 4,200 jobs dependent on the sector. These processing plants also export much of their product into the EU, in a market worth £1.3 billion, where we still enjoy a trade surplus. It is therefore vital in the drive to create world-leading fisheries that processing is not forgotten”.—[Official Report, 21 November 2018; Vol. 649, c. 926.]

My right hon. Friend the Member for Tynemouth (Mr Campbell) said that he believes

“that there is still a strong case for ensuring a link between landings and home port, because it is important to recognise that fishing is more than just about catching fish; there are also issues about the sustainability of ports and port jobs.”—[Official Report, 21 November 2018; Vol. 649, c. 936.]

[Peter Aldous (Waveney) (Con)]

The hon. Gentleman is making a good point. As we will see during the course of the day, he and I have a lot in common in what we are trying to achieve through the Bill. My concern about the amendment—it was raised just now by the hon. Member for Kilmarnock and Loudoun—is whether it would just result in more of the opportunities and landings going to those ports with existing infrastructure. I think of the Lowestoft producers organisation, which lands all its fish in the Netherlands or in Peterhead, in the constituency of my hon. Friend the Member for Banff and Buchan.

[The Chair]

Interventions must be brief.

[Peter Aldous]

Is there not a concern in that situation that those fish might just all be landed by the Lowestoft PO in Peterhead?

[Luke Pollard]

I thank the hon. Gentleman. Actually, the next line of my speech says, “On the other side of the House my partner in crime, the hon. Member for Waveney said”. I think we are spending far too much time together.

In respect of what the hon. Gentleman has said now and on Second Reading, the economic link policy is important. Fishers want it to be included in the Bill. It needs to be conducted and implemented in conjunction with other policies around building port capacity and supporting smaller ports in particular. We know that the EMFF has been instrumental in driving and refreshing port capacity, such as fuel and ice plants. They are not particularly sexy topics, but they are vital to ensuring that our fishing works. We also know that many of the fish landed at smaller ports might be physically taken off the boat in a smaller port, but they are officially landed when they get to a larger port, where they can go into auctions. That is the case in much of the far south-west, for instance, where fish landed right across the peninsula are taken by truck to Plymouth. The majority of the fish landed in Plymouth are landed by truck rather than by boat. I think the policy that we are discussing needs to be viewed in conjunction with that. None the less, the economic link is a strong one. Indeed, the next line in my notes, under the hon. Gentleman’s speech, is “I could not agree with him more” on some of those things.

Importantly, our amendment has the support of the industry as well. Fishers want the creation of a strong economic link, because of the injustice of seeing fish caught under UK quota by foreign boats—caught, in some cases, within sight of our shores and then exported to foreign countries, where the jobs and the benefits of that economic activity are held by other people, rather than the people in the UK. That is a source of injustice and annoyance for many people across our fishing communities, and that is something that they are hoping the measure will reflect. Indeed, in one of the evidence sessions, we heard from Aaron Brown of Fishing for Leave that he backed this amendment.

I think that this is an aspect of the Bill that the Department overlooked in preparing the text, so I would like to make a sincere offer to the Minister. If he commits to working with the Opposition and the industry to craft a national landing requirement as an amendment to the Bill that he can table on Report, I will not feel it necessary to press this amendment to a vote and have the Minister vote against this most sensible principle. I think we have a real opportunity to create a provision that includes an economic link in the text of the Bill and that hon. Members on both sides of the House will be able to support when it comes to the Bill’s transition.

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[Peter Aldous]

It is a pleasure to serve again under your chairmanship, Mr Gray. I will speak to amendment 92 and new clause 9 in my name, which relate to electric pulse fishing.

As we heard from the Opposition spokesman, pulse fishing is the process by which commercial trawlers, towing electrodes, emit bursts of electricity into the seabed to force out fish such as flatfish, shrimp, sole and plaice buried in the mud. The electric shock makes the fish convulse and flip upwards into the trawler’s net. The method is not used by British-owned vessels; it is practised largely by the Dutch in the North sea, often in British waters. They argue that pulse fishing is better for the environment than traditional trawling and, as we have heard, they have issued permits for up to 100 pulse trawlers to operate. They point out that pulse trawlers use up to 46% less fuel and catch 50% less unwanted marine life than other trawlers.

However, the practice is strongly opposed by English and French fishermen, who have seen its devastating impact at first hand. Moreover, there is a lack of scientific evidence to justify it generally, although the Centre for Environment, Fisheries and Aquaculture Science is carrying out extensive ongoing research. The feedback I receive from East Anglian fishermen is that pulse trawling has a devastating effect on the marine environment. They find dead fish left behind with broken backs. The practice rips up life on the seabed surface and uses large scouring devices to extract buried fish, damaging underlying sediment. The practice is indiscriminate and is destroying a variety of marine life and ecosystems, particularly in the North sea.

As we have heard, pulse fishing is technically illegal in the EU, the US and China. However, an exemption allows EU countries to catch up to 5% of their annual fishing quota in the North sea using what are termed “innovative” methods in the name of research. For some reason, pulse fishing is one of those methods. In January, the European Parliament voted to ban commercial fishing using an electric current in EU waters. The amendment calling for a total ban on pulse fishing was passed by 402 votes to 232, with 40 abstentions, although the ban has not yet come into place.

I summarise my thoughts as follows. First, in pursuing the precautionary approach, given the clear evidence of its devastating impact, pulsing should not take place at all. The Dutch argue that they are conducting a trial. In practice, it is no such thing. They have set up a whole industry based on a completely inappropriate fishing practice. They have exploited a loophole in the common fisheries policy and EU regulations for their own commercial advantage. There must be no such loopholes in our UK fishing policy, for which the Bill will provide the framework.

Secondly, pulse fishing has a devastating impact both at sea and on land. It destroys the marine environment and takes fish that should be caught and landed by UK fishermen and processed in Britain back to the Netherlands, and then, absurdly, often back to the UK for sale.

Thirdly, although the practice still takes place, it has been condemned and voted down by the European Parliament. The UK Parliament should do likewise. In some respects, I accept that primary legislation such as this Bill may well not be the right place for such a ban on a specific practice. However, we need to send a clear message right from the outset that there is no place for electro-pulse fishing in the future management of UK waters when we leave the EU and when the Bill, which I assume will receive Royal Assent, comes into effect. The Minister and I have spoken at length on this matter over the last few months. I am grateful to him for doing that. In answering, can he provide me with an assurance that electro-pulse fishing stops immediately that we leave the EU and the Bill comes into force? If he cannot, I believe the ban needs to be on the face of the Bill.

[Mr Carmichael]

I think it is fairly well known in the House that I am essentially a simple soul. I lead my life according to some basic rules, from which I do not depart. One of them is to never mix water and electricity. No good ever comes of it. This amendment touches on one other example of that basic truth, from which we should not depart. It is quite remarkable that occasionally the industry manages to throw up new, innovative ways of doing things that are self-evidently wrong.

When I was first elected to this House, one of the biggest complaints from the industry at that time was the operation of the Danish industrial fishery in the North sea hoovering up just about anything that was in the water, with mesh sizes in the region of 2 mm or 3 mm. It was as unsustainable a fishing method as one could imagine, and it was rightly stopped—eventually. This is another such example. It is self-evident that this sort of thing should not be allowed. The precautionary principle, about which the hon. Member for Waveney spoke, is absolutely the right approach to take. Whether that needs to done through primary legislation is another matter, but we have primary legislation. This is the first time in my 17 and a half years as a Member of Parliament that we have had a specific fishing Bill. Since we have it, why do we not use it?

--- Later in debate ---

I hope I can assure the shadow Minister and my hon. Friend that the European Union (Withdrawal) Act, in bringing across regulation 850/98 in the way I have described, while removing the scientific derogation under article 31a for foreign vessels, will give them an early solution to this problem. Therefore, placing this new clause on the face of the Bill is unnecessary. I am happy to share the draft of the statutory instrument that we intend to introduce in January with my hon. Friend and the shadow Minister before Report so they can see exactly how we intend to deal with this problem.

[Peter Aldous]

I am grateful to the Minister for looking into that, and for the work he has done and the solution he outlines. I must say that, at face value, it appears to address my concerns and I believe the shadow Minister’s concerns also, although he will give his views in a moment. On that basis, I am prepared not to press my amendment or new clause to a vote, but I put the Minister on notice that, if his solution has not happened by the time we get to Report, I will take the matter up again. I am grateful to him for taking this seriously, because off the East Anglian coast people are absolutely livid about it. It is creating havoc and it must be addressed. I have met the Dutch Government, who were very pleasant, but it is clear that they will carry on until they are told to stop, and we must tell them to stop as soon as possible.

[Luke Pollard]

I am grateful to the Minister, who, as has just been mentioned, has clearly put a lot of thought and effort into looking at how this practice can be banned. If the statutory instrument is indeed laid in January before Report, that gives us an opportunity to consider all the detail. However, if that is insufficient, the amendment will be coming back on Report. The Minister specifically spoke about foreign boats in relation to this matter, but according to Marine Management Organisation figures there are 11 boats in the UK that were initially equipped with electric pulse beam trawling equipment, and three of them are still equipped with it. Can he confirm whether the SI that he mentioned would include UK boats as well?

[Luke Pollard]

I am grateful for that answer. On the basis of the Minister’s commitment to lay the SI in January and to ensure that it is sufficiently robust to address the concerns that both the hon. Member for Waveney and the Opposition have suggested, I am happy to withdraw the amendment. However, I give notice that it will be coming back if the SI is not sufficiently robust to address those concerns. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Peter Aldous]

I beg to move amendment 22, in schedule 2, page 31, line 24, at end insert—

“1A The Marine Management Organisation must, within one week of a sea fishing licence being issued in respect of a foreign fishing boat, publish—

(a) any conditions attached to that licence, and

(b) the estimated monetary value of that licence.”

There is concern that there are no provisions in the Bill that foreign vessels must comply with the same standards as UK vessels. Access by foreign vessels to UK waters should be contingent on compliance with the same environmental standards that are applicable to UK vessels, to ensure a level playing field and a high level of environmental protection. I raised this concern on Tuesday when speaking to amendments 21 and 83 and new clause 8. That said, I would welcome the Minister’s reassurance that this is not what I would describe as the Bill’s Achilles’ heel.

[Luke Pollard]

Again, the hon. Member for Waveney has raised a good point about an issue on which we need greater transparency, to continue the theme we touched on with amendment 33. On that basis, the Opposition concurs with him.

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[Peter Aldous]

I am grateful to the Minister for his response and for clarifying the matter. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Luke Pollard]

I beg to move amendment 75, in schedule 2, page 34, line 19, leave out “negative” and insert “affirmative”.

The observant in Committee will have noticed that this amendment is similar to amendments 23, 70, 71, 76 and 77, but we have not yet reached those. Members will not have to endure this speech six times; they need not worry—I have six separate speeches.

The amendment might seem rather esoteric and, I dare say, boring, techy or legalistic, but it is an important part of how much transparency the new fisheries regime after we leave the EU will have, and how much scrutiny will be given. We have previously tested this important issue with the Minister, on the Agriculture Bill. The negative procedure is provided for in several places throughout this Bill. The Labour party was concerned about that during the passage of the European Union (Withdrawal) Act 2018, and we have not stopped worrying about where it sits in this Bill. Curiously, there are far fewer instances of the negative procedure in this Bill than in the Agriculture Bill. That is welcome.

The Bill also has a higher proportion of duties than powers. The opposite was the case in the Agriculture Bill, so some of our scrutiny of and pressure on the Minister has had some effect. The House of Lords Delegated Powers and Regulatory Reform Committee reports on both Bills helpfully drew attention to how they had been drafted differently, even though they were produced by the same Department and are the responsibility of the same Minister—he is a lucky gentleman to be covering so many important issues. That is curious, to say the least, and perhaps points to the enormous pressure that the Government’s approach to Brexit places on officials and Ministers.

I acknowledge that the Delegated Powers and Regulatory Reform Committee report on the Bill was very kind to Ministers. It stated that of the 15 delegated powers in the Bill, “only four” were governed by the negative procedure and, according to the Committee, “justifiably so”. We seem to have identified two more instances than that Committee did, and we do not necessarily agree that all six are justifiable—hence our six amendments for a move to the affirmative procedure instead.

We believe that enhanced scrutiny is an important part of the process, so it should not simply go through on the nod. The amendment is concerned with regulations that might impose charges, so it is particularly important to consider the level of scrutiny. I would be grateful if the Minister would address those points.

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[The Chair]

My instinct is that we have had sufficient debate on schedule 2.

Schedule 2 agreed to.

Clause 14

Penalties for offences

[Peter Aldous]

I beg to move amendment 93, in clause 14, page 8, line 21, after “11(5)” insert

“or section (Ban on sandeel fishing)”.

[The Chair]

With this it will be convenient to discuss

New clause 10—Ban on sandeel fishing—

“A person commits an offence if they fish with the intent of catching any species in the genus Ammodytes.”

[Peter Aldous]

The amendment and new clause relate to sand eel fishing. The amendment raises similar issues to those we have debated on electric pulse fishing. I will not press the amendment or the new clause to a Division, but I raise the matter in order to highlight the importance of pursuing an ecosystem-based approach to future management of fishery stocks. I am particularly grateful to the RSPB, the Angling Trust and Fishing for Leave for their guidance and advice.

The sand eel, which is a small, energy-rich shoaling fish, is a key prey species for many seabirds, underpinning the breeding success of terns, kittiwakes and puffins. Sand eels are also eaten in large numbers by harbour porpoises, other sea mammals and commercially important table fish, such as cod, whiting and mackerel. As such, the sand eel plays a pivotal role in the food web between the primary productivity of plankton and the top predators.

Diminishing abundance of sand eels, however, in combination with other pressures in the marine environment, has driven a major decline in the UK’s seabird population. In Scotland, 12 indicator seabird species were 50% less numerous in 2015 than they were in 1986. To address that impact, in 2000 the EU created a closed area of 20,000 sq km extending offshore from the coast of north-east Scotland to Northumberland. It is a box that keeps the Danish sand eel fishing fleet, which has almost all the EU sand eel quota, away from sensitive seabed colonies. This industrial seabed fishery continues elsewhere in the North sea, mainly on the Dogger Bank, of which the UK part is a key focal area for the fleet. RSPB research indicates that the Dogger Bank fishery could have a detrimental impact on kittiwake productivity on the adjacent Yorkshire coast.

Related to that, the sand eel stock assessment model used by the International Council for the Exploration of the Sea to set EU catch limits does not address the needs of seabirds, cetaceans or other marine wildlife when setting levels of commercial exploitation of sand eels, such that insufficient sand eel is set aside for the wider ecosystem. In failing to cater adequately for the needs of seabirds and other marine wildlife, the management of the fishery at present falls short of meeting an ecosystem-based approach.

To improve the situation, the RSPB suggests three alternatives, the first of which is stopping sand eel fishing in UK waters. The UK could champion that approach as an exemplar in pursuing an eco-based system. That is already done off the US coast. There would be very limited financial cost to UK commercial fishing, though there is the risk of reciprocal denial by Denmark of UK fishing opportunities in Danish waters for white fish. I am also mindful of advice provided by the Angling Trust that there are five species of sand eel in UK waters, all with the genus Ammodytes. The only one that has generated widespread concern is the industrial fishery for Ammodytes marinus in the North sea.

The other four species are subject to very small levels of fishing mortality. Ammodytes tobianus is the species targeted for bait—both commercial and recreational—and it is estimated that the combined landings of both anglers and fishermen who catch their own and commercial catches are no more than 50 tonnes a year across the whole UK. The Angling Trust is concerned that the provisions would prevent anglers from fishing for tobianus to use as bait, as well as having a hugely negative impact on businesses in the angling bait market, such as the market leader, Ammodytes, a Cornwall-based company that catches and processes Ammodytes tobianus for the bait and aquarium markets.

The second option is to make the total allowable catch of sand eel more precautionary by reducing fishing mortality, leaving at least one third of the stock for the provisioning needs of seabirds, cetaceans and other marine wildlife. The third and final alternative is to extend the existing sand eel closed area south to Yorkshire and the Humber, to cover the Dogger Bank area.

I am conscious that I have probably delayed Committee members’ lunch, but I believe that how we manage sand eel fishing provides an extremely relevant case study as to how future UK fisheries can be managed in a sustainable and environmentally sensitive way, adopting an eco-based approach. I would welcome the Minister’s view of how he sees the system operating in practice according to the Bill’s provisions.

[Luke Pollard]

Following the hon. Gentleman’s speech, we are all now aware of the humble sand eel, which is an important component of food webs in the north Atlantic. It is at the bottom of the marine food chain and is part of the diet of cod, mackerel, porpoises and seabirds such as Arctic terns and kittiwakes, especially in breeding season.

We also need to be aware of research led by the British Trust for Ornithology and the Joint Nature Conservation Committee that indicates that populations of kittiwakes, terns, fulmars and shags are impacted by sand eel farming in the North sea. Those conservationists are concerned that the boats that catch thousands of tonnes of sand eels each year to be turned into animal feed and fertiliser deprive seabirds of a vital source of food.

We have heard calls for a ban on sand eel fishing in the central North sea, most recently from the Fishing for Leave representative in our evidence session, but we would like more evidence about the practice. I would be grateful if the Minister dealt with how we can pick up the points raised by the hon. Member for Waveney but also ensure there is sufficient scientific evidence and understanding of the stock baseline for sand eels, which seem at the moment to be missing from the debate.

[George Eustice]

My hon. Friend the Member for Waveney, having got important concessions on the Dutch fleet, turns his attention to taking on the Danes. As he knows, sand eels are a shared stock, but about 90% of the sand eels caught in the UK’s exclusive economic zone are caught by the Danish fleet around Dogger Bank, although Sweden also has some interest in this area.

We are giving consideration to the issue, but, as my hon. Friend acknowledges, access to the sand eel stock is the most important access that Denmark receives from the UK, so we will have to consider it in the context of our annual fisheries exchanges. There is a full data assessment for the stock, and ICES provides annual recommendations for a TAC on sand eels in the Dogger Bank area. In recent years, with the exception only of 2016, the TAC has been set in line with ICES recommendations.

The issue with a unilateral ban on the fishing of all sand eels in all UK waters is that we would be likely simply to displace that fishing activity, so there would be unsustainable catches of sand eels in waters outside the UK EEZ. However, my hon. Friend highlighted a number of measures we could consider to address that. First, as he pointed out, the so-called Wee Bankie sand eel fishery has been closed since 2000. As we leave the EU, I certainly would like to explore whether we could consider a similar closure in a particular area to try to protect the sand eel population closer to shore, where birds are more likely to be, so they have a food source.

The second approach to which my hon. Friend alluded is to do something more akin to what we do in some shellfish sectors. We have a principle in cockle fisheries of reserving a proportion of cockles for wading birds so we do not deprive them of a food source. Local inshore fisheries and conservation authorities take into account the needs of wild birds when setting catch limits for cockles. Given the way ICES advice is generated, based as it is on maximum sustainable yield, it tends not to place great weight on such considerations, but there is no reason why, in the context of future UK-EU bilateral negotiations, we should not seek to argue that there should be more restraint on species such as sand eels where they have an important role as a food source for birds.

This is a complex area, and some scientists would say that it is not just sand eels that are used but other species, too. However, I am certainly happy to say that we will look at it, and I hope my hon. Friend does not feel the need to press the amendment to a vote.

[Peter Aldous]

I am grateful to the Minister for that explanation and for the reassurance he provided. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 14 ordered to stand part of the Bill.

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

Fisheries Bill (Ninth sitting)

Peter Aldous Excerpts

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

[George Eustice]

I think we covered the key issues of the clause when I set out the purpose and the thinking behind the charging scheme.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Clause 24

Meaning of “chargeable person” and “unauthorised catch of sea fish”

[Peter Aldous (Waveney) (Con)]

I beg to move amendment 94, in clause 24, page 14, line 17, after “Organisation” insert

“or an Inshore Fisheries and Conservation Authority”.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 95, in clause 24, page 14, line 23, after “Organisation” insert

“or an Inshore Fisheries and Conservation Authority”.

Amendment 96, in clause 24, page 14, line 26, after “Organisation” insert

“or an Inshore Fisheries and Conservation Authority”.

Amendment 99, in clause 29, page 17, line 37, after “MMO” insert

“or on the Inshore Fisheries and Conservation Authorities”.

Amendment 100, in clause 29, page 17, line 38, after “MMO” insert

“or on the Inshore Fisheries and Conservation Authorities.”.

Amendment 101, in clause 29, page 17, line 39, after “power of” insert “either”.

Amendment 102, in clause 29, page 17, line 39, after “MMO” insert

“or the Inshore Fisheries and Conservation Authorities”.

[Peter Aldous]

It is a pleasure to serve under your chairmanship, Mr Hanson. The amendments are more of the probing variety and are not quite as intimidating and long as they might appear. They relate to clauses 24 and 29, which concern the charging arrangements for the administration of the disposal of English fishing opportunities.

I seek to address three issues through this group of amendments. First, I would add to the marine functions for which charges can be made. Secondly, I would expand the provisions to allow inshore fisheries and conservation authorities, not only marine management organisations, to recoup costs. Thirdly, while the level of charges is not likely to be great, I think it would be appropriate, wherever possible, to direct these funds to preserving English fisheries for future generations.

This particular group of amendments would allow IFCAs, not only the MMO, to recoup costs. I would welcome clarification from the Minister on whether it is appropriate to add IFCAs to the clause. If he does not think that it is, I seek his assurance as to why.

[Luke Pollard]

I will be brief. The hon. Member for Waveney raises some good points. I asked for further clarity on the role of IFCAs previously, because it seems to be an area that is missing from large parts of the Bill. I would be grateful if the Minister responds to that.

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IFCAs are already able to charge for permits under their bylaw-making powers in the Marine and Coastal Access Act 2009. That means that where, for instance, they issue a permit to allow people to catch cockles, they are able to charge to cover the cost of issuing that permit. There are other provisions in other pieces of legislation that give them some charging powers that are appropriate, but it would not be appropriate to give them a role in an area that is entirely managed by the MMO.

[Peter Aldous]

I am grateful for the Minister’s clarification of that issue, particularly that IFCAs do not have a role in quota management and that they have alternative funding arrangements. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[George Eustice]

The purpose of the clause is simply to provide the meaning of “chargeable person” and “unauthorised catch at sea fish” in respect of the discard prevention charging scheme. Subsection (1) provides that the chargeable persons under a scheme must be holders of English sea fishing licences or producer organisations that have at least one member that is an English sea fishing licence holder. Producer organisations are included as chargeable persons as they frequently manage quota on behalf of their members and distribute quota between the members. Subsection (2) gives the meaning of unauthorised catch of sea fish; unauthorised catch means catch in excess of the amount authorised by the MMO for that vessel or producer. Subsection (3) provides flexibility so that a scheme may determine what catch is to be deemed as authorised by the MMO.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Catches subject to a charge ignored for certain regulatory purposes

Question proposed, That the clause stand part of the Bill.

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[Luke Pollard]

Amendment 108 would make it possible to provide funding for data collection, scientific research and better vessel monitoring. Just about everyone in this debate supports better data. Fishers would like the opportunity to prove that they are behaving sustainably and that there are more fish in the water than the scientists say. It would be money well spent, given the extra potential revenue if fisheries were recovered to their optimum economic output.

UK seas have historically been an abundant source of food, income and employment, but they are failing to meet their full potential. Government figures show that two thirds of our main commercial fish stocks are depleted, overfished or at risk of being depleted, or their status is unknown. With better scientific understanding of our fish stocks and the impact of fishing, fisheries management would be more effective, helping stocks to recover and our marine ecosystem to flourish.

Funding data collection makes good economic sense because the cost of stock assessments is very reasonable. Sustain calculates an initial cost of £190 million and then £19 million annually to assess all deficient stocks. Conservative estimates suggest that would catch £150 million more fish in the UK if all stocks were managed at their economic optimum. Better data could allow management to be more precise and responsive. It could give fishers the evidence that they argue for, for increased catches where sustainability is proven.

Data deficiency is a significant issue for the UK fishing fleet. Poor data is affecting the management of commercial opportunities for the most important species in the UK. As we heard in our evidence sessions, data deficiency is one of the main reasons why much of the fish caught in UK waters cannot be marketed as sustainable. For fishing to be sustainable there must be sufficient understanding of the population of the targeted species, and of the impact of fishing and/or the status of the sea floor ecosystems. Without that data, boats can be considered ineligible for Marine Stewardship Council certification, or receive a lower rating on the Marine Conservation Society’s “Good Fish Guide”. With better data, more UK fisheries would be eligible for sustainability certification, or would receive a better rating from the MCS. That would allow them access to the best markets for fish, including UK public sector catering.

In a recent report, Sustain found that UK fisheries are not verifiably sustainable and are losing out on millions of pounds’-worth of business, because companies look abroad for fish that meet their sustainable buying policies. Data deficiency particularly disadvantages small-scale fleets—80% of the stocks targeted by the large industrial fleet have stock assessments, whereas only 12% of those targeted by small-scale English fleets have adequate data to achieve sustainability certification. It is unfair on smaller boats if, even when they fish sustainably, they are unable to prove it. That is why amendment 108 would include the gathering of scientific data on fishing in the key provisions of the Bill. Amendment 109 would amend clause 31 to make

“the gathering of scientific data to inform management of fish stocks”

an additional conservation purpose under the Bill. So data collection and data deficiency would be dealt with in those two separate areas.

[Peter Aldous]

I want to speak to amendment 98 and new clause 21. The amendment would make two additions to the list of what are called “relevant marine functions”, for which charges can be made. The first addition, following on from the remarks of the hon. Member for Plymouth, Sutton and Devonport, would be the commissioning of

“scientific research to support…fish stock management, food security and biodiversity”.

Improving our science is very important. Secondly, the amendment would add a general

“administrative function relating to fisheries management”.

New clause 21 sets out three uses for which the proceeds could be used: the commissioning of scientific research to support effective stock management and biodiversity; the commissioning of scientific research into the development of low-impact fishing techniques; and

“the administrative functions relating to fisheries management of the Secretary of State, the Marine Management Organisation and the Inshore Fisheries and Conservation Authorities”.

It is important to incentivise the collection of scientific data and research so as to support fish stock management and biodiversity. Fisheries science and accurate data are essential, as things move forward, to put fisheries management on to an effective footing that will be sustainable in the long term. I look forward to hearing the Minister’s plans for that.

[George Eustice]

I understand that the amendments tabled by the hon. Member for Plymouth, Sutton and Devonport, on financial assistance, and those tabled by my hon. Friend the Member for Waveney, relating to the power to impose charges, have at their heart a concern that we need better quality scientific data. We have discussed that on a number of occasions. I broadly agree. We have made some good progress; stocks that were of data-limited status have moved on to have full stock assessments. There is undoubtedly further to go.

DEFRA already pays the Centre for Environment, Fisheries and Aquaculture Science to gather the data as part of its service level agreement. The issue is whether there is a need for clause 28 to include an additional purpose in relation to science. Our view is that there is not, for a number of reasons. First, the European Maritime and Fisheries Fund, which is an EU fund, does indeed have a category for enforcement and science. That is made available to national Governments for doing the relevant work. Clearly, in an era where we are funding national Government activities directly from the Treasury we do not need a separate provision in the way that we do in the EMFF.

Our view is therefore that future grants to replace the EMFF should be directed at the fishing industry and aquaculture, to support those areas, and that the funding for the activities of CEFAS and science should come from the Government, and the powers to do that obviously already exist through the normal channels—the spending review processes and the funding that we make available to CEFAS through our service-level agreement with it.

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[The Chair]

I call Peter Aldous to move amendment 97.

[Peter Aldous]

I will speak briefly, because this amendment covers the issues that I addressed in my previous two amendments, and which the hon. Member for Plymouth, Sutton and Devonport also referred to. As far as the future funding of science is concerned, I was reasonably content with the response that the Minister provided. I look forward to seeing the further details, to which he referred, on Report. I acknowledge and take on board his explanation that it is not appropriate for IFCAs to be funded in this particular way. On that basis, I will not be moving the amendment.

[The Chair]

In that case we will move on to an amendment that will be moved. I call Luke Pollard potentially to move amendment 70.

Fisheries Bill (Tenth_PART2 sitting)

Peter Aldous Excerpts

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

[The Chair]

We now come to new clause 8.

[Peter Aldous (Waveney) (Con)]

New clause 8 relates to the West Lothian question set to fish, which we debated in some detail last Tuesday on amendments 15 to 19. I tabled the new clause as a probing amendment at that stage, and at this stage I do not wish to move it.

New Clause 11

Managing shared stocks

“(1) Where shared stocks of common interest are also exploited by other coastal states, the Secretary of State must engage with those states with a view to ensuring that—

(a) shared stocks are managed in accordance with the UK’s international law obligations and in accordance with the objectives of this Act;

(b) fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield; and

(c) the impacts of fishing on the marine environment are avoided or, where avoidance is not possible, demonstrably minimised.

(2) The Secretary of State must endeavour to establish bilateral or multilateral agreements with other coastal states for the joint management of shared stocks of common interest.

(3) Where no formal agreement is reached, the Secretary of State must make every effort to reach common arrangements with other coastal states for fishing of shared stocks of common interest.

(4) Where neither a formal agreement nor a common arrangement is reached, the Secretary of State must—

(a) take all necessary steps to ensure that fishing of shared stocks of common interest is carried out such that the relevant stocks are maintained above levels capable of producing the maximum sustainable yield; and

(b) provide and make publicly available an annual report to the appropriate legislature outlining the steps taken pursuant to subsection (a) above.

(5) In setting total allowable catches in the UK exclusive economic zone for shared stocks of common interest, the Secretary of State may not increase the total allowable catch for any particular shared stock for UK fishing vessels apart from in the circumstances provided for in subsections (6) and (7).

(6) Where a coastal state with which a shared stock is jointly managed has reduced the total allowable catch available within its territory and—

(a) the Secretary of State is confident that this new total allowable catch will be complied with and enforced; and

(b) the coastal state consents to the UK increasing its total allowable catch,

then the Secretary of State may increase the UK total allowable catch by an amount not exceeding the amount by which the other coastal state has decreased its total allowable catch.

(7) Where the best available scientific advice on a shared stock confirms that fishing mortality of that stock can be increased without reducing the stock below a level capable of producing the maximum sustainable yield, then the Secretary of State may increase the UK total allowable catch in proportion to the change in recommend fishing mortality and the UK’s agreed share of total allowable catch for that stock.”.—(Mr Carmichael.)

The purpose of this amendment is to set clear sustainability criteria in relation to negotiations with other countries to ensure that a clear and robust process can be developed to prevent overfishing.

Brought up, and read the First time.

[Mr Carmichael]

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

We come back almost full circle to how we deal with what are known as shared stocks. It is pretty clear that that is going to be a subject of some political and commercial significance when we move to the next stage of negotiations on the future relationship with our current EU neighbours.

We have observed a number of times that the principle of sustainability was front and centre in the White Paper when it was published, but somehow does not seem to have made the transition into the Bill. New clause 11 would put sustainability back into the Bill as it relates to our management of shared stocks. It seeks to give a framework under which we would seek to reach agreement with neighbouring countries, third countries and the EU. I would suggest that the principles are fairly straightforward and sound and that this is exactly the sort of thing that the Government should have in the Bill if it were to be, as the hon. Member for Plymouth, Sutton and Devonport suggested earlier, a sustainable Fisheries Bill.