Fisheries Bill [Lords]

Debate between Peter Aldous and Luke Pollard

Ways and Means resolution & 2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 1st September 2020 Commons Chamber

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

It gives me great pleasure to respond to the Bill on behalf of the Opposition on its second outing in the Commons. Our fishers risk their lives every day to bring home food for us all. It is not a profession that comes without risk, and I join the Secretary of State in taking a moment to remember the six fishers who did not come back after their trips to sea last year.

Fishing matters to me. It matters to the people of Plymouth who I represent, with 1,000 jobs in the city, and to coastal communities across our four nations. Fishing is knitted into our national identities and our culture, our local flavours and, of course, our coastal economies. Recreational fishing—now larger than commercial fishing in GDP terms—matters to even more people. Labour will be supporting the Bill, defending the enhancements made in the Lords and proposing further necessary provisions.

[Peter Aldous]

The hon. Gentleman touches on a good point when he mentions recreational fishing. I think we have all received representations from the Angling Trust, but does he agree that, with the pandemic and more staycations, the opportunity for sea angling to bring real benefits to our coastal communities is crystal clear?

[Luke Pollard]

I do agree. There is a real opportunity in the waters around the south-west for a catch and release bluefin tuna fishery, for instance—it is a shame that DEFRA did not quite agree with me on that one—and there is certainly a real case for more support for the charter boat sector, which has been denied much of the support that it should have had throughout the coronavirus.

Fishing is a policy area where up to now soundbites have often triumphed over substance and where dogma has often won out over detail. That must end now, because fishers in our coastal communities cannot feed their families on soundbites and vague Government promises. Fishing needs to be more sustainable, both economically and environmentally. We need not only a fishing net zero approach and better management of lost fishing gear to stem the plastic pollution that it causes; we also need a replacement plan for dirty diesel engines, and better science to inform better quota decisions to protect fish stocks and jobs. Fishing needs a strategy to widen employment, to make fishing a career of choice for more young people in our coastal communities. It needs new methods and quota allocation to encourage new entrants, and a firm focus on viability and sustainability.

We know that coronavirus has hit fishers hard. The closure and disruption of export markets, the throttling of imports, the closure of restaurants and cafés and the huge drop in prices have made going to sea unprofitable for many of our fishers. The help for fishers that Labour argued for eventually came, but it took too long to come, and sadly it excludes some of the most innovative projects, such as the brilliant Call4Fish initiative that I have spoken to the Secretary of State about. DEFRA needs to learn the lessons here. It needs to look again at how it raided fishery support funding pots to pay for those schemes and at what the long-term cost to the industry will be of those pots having been raided.

Just as fish do not respect national boundaries, so our fishing sector is cross-border too. I support the move to zonal attachment from relative stability, which is an outdated method. There is a real case for that change. We import two thirds of the fish we eat and we export two thirds of the fish we catch. We do not eat enough locally caught fish, and our diets have been calibrated over decades to eat more of what is caught around Iceland and Norway than the wondrous ocean harvest of our own waters. We need to change that. That is why there can be no new delays at the border, no new burdensome customs checks and no new expensive Government red tape in implementing these and any future trade deals. We need to ensure that we can import and export as well as celebrating the fish in our own waters.

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[Luke Pollard]

I thank the hon. Member for that. I am not sure it is the main purpose of the Bill, but it is certainly a power that the Secretary already has. One of the key things about the amendments that Labour has tabled is that they are about using powers that the Minister already has. Whether or not there is more fish from any negotiations with the EU in the future, these are powers that the UK Government—the Conservative Government—could use today if they chose to do so. They do not need to wait until after 31 December or for the passing of this Bill. It is in requiring them to use the powers that they have chosen not to use that we are making our case for this provision. There is a good case for banning supertrawlers of over 100 metres from fishing in marine-protected areas; Ministers should have acted already, and there is an opportunity to put this in law here.

[Peter Aldous]

rose—

Fisheries Bill (Ninth sitting)

Debate between Peter Aldous and Luke Pollard

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

[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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[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.

Fisheries Bill (Eighth sitting)

Debate between Peter Aldous and Luke Pollard

Thursday 13th December 2018 Public Bill Committees

[Peter Aldous (Waveney) (Con)]

I beg to move amendment 23, in clause�18,�page�10,�line�36,�leave out �negative� and insert �affirmative�.

It is good to see you back in the Chair, Mr Hanson.

I will speak relatively briefly about this amendment. It is a tweak, but I sense that it is quite an important tweak. It is on an issue that was brought to my attention by Fishing for Leave and I know that the Opposition will also support it.

Clause 18 gives the Secretary of State the authority to determine fishing opportunities. It proposes that the regulations for determining the number of days that a boat can fish are to be established by negative resolution; we talked about that this morning. Given the importance of this issue�views on it are held passionately, both by those who favour a days-at-sea regime and those who oppose it�there is a strong case that the regulations should be established by affirmative resolution, so that any decisions can be taken in a transparent way, and do not just go through on the nod and under the radar, so to speak.

My concern is that I sense we could be storing up a problem for later in the day. I would welcome a bit of clarification from the Minister as to how he reached this decision and whether he might review it.

[Luke Pollard]

I rise to speak, briefly, in support of the hon. Gentleman�s amendment. When we are talking about allocating fishing opportunities, it is important that Parliament is given the opportunity to scrutinise them, especially at the start of a new fisheries period for our country, to ensure that the allocations carry the confidence of the fishing industry that they are being allocated in a robust way.

[George Eustice]

This is a similar discussion to the one we had earlier on the use of the negative resolution procedure rather than the affirmative resolution procedure.

As I said earlier, the Delegated Powers and Regulatory Reform Committee considered the Bill and said that of its 15 delegated powers that require a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so. I will explain to my hon. Friend the Member for Waveney why I think the negative procedure is justified in this particular instance.

Clause 18(1) replaces powers that are similar to those set out in section 4(6) of the Sea Fish (Conservation) Act 1967, and those are also made under the negative procedure. We followed the approach that has been taken not only while we have been in the European Union, but even before we were in the European Union, to have the negative procedure in relation to this measure.

I point out to my hon. Friend that the actual power to determine the number of days at sea is a straightforward power that the Secretary of State has without even the need for regulations, under clause 18(3), and the issue in subsection (8) is that,

�The Secretary of State may by regulations make provision for determining, for the purposes of this Act, the number of days in a calendar year that a fishing boat is to be regarded as spending at sea�.

The purpose of the regulations is to establish what happens if they do six hours. Is that half a day or part of a day? The regulations basically govern how we measure a day at sea and whether it should be, as in some cases, kilowatt-hours at sea or a straightforward days-at-sea measure. It is because we may use slightly different effort measurements in different sectors that we need to be able to define in the regulations what a day at sea is. The power to determine the days at sea is a flexible power that the Secretary of State will have, and always has had, so that we can manage our fisheries effectively.

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[Peter Aldous]

I beg to move amendment 84, in clause�20,�page�11,�line�26,�at end insert �and,

(ii) for �environmental, social and economic nature� substitute �environmental and social nature, thereby recognising the fishery as public property held on trust for the people�.�

I will start by giving some background information to the amendment, which sets out provisions on the distribution of fishing opportunities. At present, the distribution is inequitable and the system needs to improve. As we move to a UK fishing policy, we have a golden opportunity to bring about those improvements.

Article 17 of the common fisheries policy is retained and amended in clause 20 by stating that the relevant national authorities�the Secretary of State and the MMO�shall

�use transparent and objective criteria including those of an environmental, social and economic nature�

when allocating fishing opportunities. That is a good start, but the existing wording states that the criteria to be used may include �historic catch levels�, as well as the impact of fishing on the environment and its contribution to the local economy. The wording in the CFP, coupled with the lack of a requirement to prioritise environmental, social and local economic criteria, has meant that �historic catch levels� has often ended up being the sole basis on which quota is allocated, giving rise to the present inequitable and unsustainable distribution.

The five largest quota holders control more than a third of UK fishing quota. Four of them belong to families on The Sunday Times rich list and the fifth is a subsidiary of a Dutch multinational. Some 49% of English quota is held by companies based overseas. As is well documented and figures very prominently in all debates in this place, the small-scale fleet�the inshore vessels known as the under-10s�gets a raw deal. Those vessels hold only 6% of quota, notwithstanding the fact that for every fish caught, the small-scale fleet creates far more jobs than its larger scale counterparts. It lands 11% of fish by value in the UK, but employs 49% of all those in the industry. Similarly, more than 90% of the small-scale fleet uses passive gears, which are far better for the environment.

Solutions to the problems can be delivered through the amendments I have tabled to clause 20. Amendment 84 would legally enshrine fish as a public resource, as recognised in the Government�s White Paper. While the UN convention on the law of the sea already touches on the issue, we have a great chance to confirm in primary legislation the principle of the public resource. That in turn would establish the right foundation for distributing quota based on the delivery of public goods and environmental, social and local economic factors, as opposed to simply on the basis of historic catch levels. I look forward to learning from the Minister how we will take up this golden opportunity.

[Luke Pollard]

I am sure it will come as no surprise to members of the Committee that I agree with the hon. Member for Waveney on the amendment. When we considered amendments to clause 1, we spoke about fish being a public good. It is no surprise that fish is still a public good, and that should still be in the Bill. The White Paper states:

�We aim to manage these fisheries�and the wider marine environment�as a shared resource, a public asset held in stewardship for the benefit of all.�

That is the right objective, but it needs to be in the Bill.

The amendment gives the Minister a chance to do the right thing and include fish as a public asset for the benefit of all. The opportunity here is to be clear about the tone. In previous remarks, the Minister said that putting fish as a public good or a public asset in the Bill was unnecessary because it was already a de facto position, just as Parliament is sovereign. The argument about whether Parliament is sovereign is an argument because there are differing opinions on it, as we have seen in particular in the past fortnight. Just as the Minister has sought to mirror sections in other legislation, which he mentioned earlier, it would do no harm�I think it would be of huge benefit�if it were clear in the Bill that fish is a public good. I would have preferred that to be right up front, in the objectives in clause 1, but the hon. Gentleman is attempting to get it in at clause 20. That would be a good amendment and it is one that the Opposition will support.

Fisheries Bill (Seventh sitting)

Debate between Peter Aldous and Luke Pollard

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.

[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]

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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[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.

Fisheries Bill (Sixth sitting)

Debate between Peter Aldous and Luke Pollard

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

[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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[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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[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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[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.

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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]

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.

Fisheries Bill (Fifth sitting)

Debate between Peter Aldous and Luke Pollard

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

[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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[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.

Fisheries Bill (Fourth sitting)

Debate between Peter Aldous and Luke Pollard

Thursday 6th December 2018 Public Bill Committees

[Luke Pollard]

Q You have the allocation of quota—who has the ability to fish—but the economic link is an important additional, complementary policy. I am especially concerned about those small communities around our coast for which fishing has historically been a very strong industry, but that strength has reduced over the course of our involvement in the CFP. Would requiring a national obligation to land at least 50% of your catch in any one quarter, but allocated on a species-by-species basis, make a difference? Where would the difference be most felt, in your opinion? Would it be in small communities or larger ones? How would it be distributed?

Griffin Carpenter: I guess the first point to make is that every trend or practice we see in the industry is there for a reason. I am sure you are aware of that, but we need to think, “Why are the landings not taking place in the UK right now?” The first reason is probably the price effect. If you can get a higher price elsewhere, you land it elsewhere. If we are going to change some of the incentives, or have a conditional policy such as the economic link, be aware that basically we are accepting a trade-off: fishers might not be as profitable in the catching sector because they are getting lower prices on first sale in the UK, but we may well make up for that later in the value chain. Just be aware that that is the trade-off you are accepting.

The idea of an economic link as a principle that the public resource should be landed in the UK is a valid economic one. I would go about designing the policy a bit differently. The economic link is very rigid; you are either above the line or below it, whether that is 50% of your landings or 60% or 70%. If you are already landing 90% of your catches in the UK, this policy does not really address you at all.

I would rather have a marginal incentive. For example, funding for fisheries management is not really talked about in the Fisheries Bill, although it is in the White Paper. That is fine, but let us think about it this way: if we are going to have a landings levy—in the same way that you might have a levy on stumpage fees in forestry—on aggregate extraction or on other resource industries, and if we are going to have the fishing sector pay for management, why not differentiate so that 1% of your landed value in the UK goes to resource management, but if you land abroad it is 3%? The idea is that there is a marginal incentive for every trip you make, rather than a threshold that, as far as I can see, would not affect most of the fishers who already land in the UK.

[Peter Aldous (Waveney) (Con)]

Q Griffin, you have talked in quite a lot of detail about the reallocation of quota. From my perspective, representing a community that is a have-not, shall we say, that is music to my ears, but I am wary of the legal implications of that. I agree that fishing is a public right, but as we have heard in our evidence sessions, by ill fortune or bad management, it has acquired certain proprietorial rights. How far, legally, do you think we are able to go? The important thing is that this Fisheries Bill must be determined and made by this House, not by lawyers.

Griffin Carpenter: Absolutely. I am not a lawyer—I am an economist—but the legal advice I have heard is that the use of a notice period goes a long way. I mentioned the international examples. We have to make some claim on FQAs as a public resource. Where you might get buy-in for this across the whole sector, including the large-scale fleet, is on something such as flagged vessels. When you hear about Spanish vessels in UK waters, they are almost never Spanish vessels in the sense that they have a Spanish flag and are fishing the Spanish quota; they have purchased UK fishing vessels and are fishing with UK quota, and a lot of coastal communities do not like that. For example, in Wales, most of the quota is caught by those vessels and either landed in Ireland or taken straight to Spain.

The problem is that, if you want to address this issue of flagged vessels—those who are foreign nationals but have UK quota—you must do so by saying, “FQAs are a public resource and we are going to take that away from you and then revisit the issue of distribution.” In a political sense, you can get buy-in for that idea. In a legal sense, I get that the notice period goes a long way. We heard the point made this morning that, because this is new legislation, some of the case law around the previous FQA distribution under the common fisheries policy might not apply. I am actually not sure about that.

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[Luke Pollard]

Q In terms of supporting small fleets, which generally speaking are the ones that have the potential to have the biggest impact as quickly as possible in coastal communities, what measures do you feel we need to ensure are in the Bill to support the small fleet in particular?

Dr Amy Pryor: It depends on what you call the small fleet; I prefer to call it a coastal fleet. Again, I would say that you should look at what Norway has—their coastal fleet is 5 metres up to 30 metres. I think the definition can be quite wide. We have mobile guides and keel guides. We have to be just a bit more flexible about opportunities. It is about ensuring that we have the quota and licences available and that we are providing grants to get new starts into the market and giving them a leg up.

Dr Amy Pryor: I agree with all of that. I also second what NEF said about using transparent and objective criteria in quota allocation so that you really do start to recognise the sustainability credentials of the small-scale inshore fleet; it is common sense that they are much more sustainable by being local and non-nomadic and using smaller vessels. Seafarers UK is very concerned, though, that that can lead to a lack of safety at sea, where individual fishermen are piling as much gear as possible on to tiny vessels and souping up the engines, which is highly dangerous. It is about finding a balance between keeping fisherman safe and having a fairer distribution of quotas.

[Peter Aldous]

Q You referred to the need for co-ordination between marine and land-based planning. Would you say that the same would apply for economic regeneration and a role for local enterprise partnerships?

Dr Amy Pryor: Gosh, absolutely. In the last year or two, some LEPs with coastal areas—in fact, most have them—are starting to look towards the coastal communities, but it certainly has not been that way since the beginning. It was a fight to get them to take notice of the coastal areas and the role that they play. I see a role for LEPs and for coastal partnerships, because they have a lot of trust from the local community and have been around for about 20 years; they pool all the different strengths together. I would like to see more formal recognition in the Bill—perhaps an extra marine planning objective that could actually set out these things. The Fisheries Bill cannot remedy everything, but it could take steps towards providing that integration, which would also achieve the objectives of the 25-year environment plan that the Government are committed to.

Elaine Whyte: To be fair, it is not just in marine planning, but in science. We always find that the science is lacking at local inshore levels. Again, we should be looking to Norway and at our local fleets as reference fleets and get the fishermen working with the scientists to provide that reflexive data that is needed. A lot of planners and other people sitting around the table do not quite understand what is happening. There is a major problem there for stakeholders as well. What we do have around these timetables are a lot of stakeholders; we are very happy to have them, but sometimes they bring their own science and ideologies. What we really need is an honest broker—that is how we can do it through marine planning and through local authorities.

Fisheries Bill (Second sitting)

Debate between Peter Aldous and Luke Pollard

Tuesday 4th December 2018 Public Bill Committees

[Luke Pollard]

Q On that point, there seems to be universal agreement that personal locator beacons attached to lifejackets are a good thing, but we know there is a cost to fishermen of buying new lifejackets with PLBs and registering them. Do you think that, if there were a specified improvement on marine safety in the Bill, lifejackets with PLBs could be one area that might make a big improvement in marine safety?

Jerry Percy: Yes. Under the International Labour Organisation’s convention 188, it is now mandatory for fishermen to wear lifejackets unless the owner and/or skipper of the vessel can prove that he has sufficient guards in place to ensure that fishermen do not go over the side.

I still go to sea quite often. I have a personal locator beacon that I bought myself for about £170. It will tell the rescue people where I am in the water anywhere in the world. It is cheap. As far as I understand it, European funding would probably cover it because it is not a mandatory requirement, but surely, in terms of safety, it is a few pounds and it makes all the difference in the world.

[Peter Aldous (Waveney) (Con)]

Q My question is a variation on the Opposition spokesman’s point. It is commonly recognised that the inshore fleet—the under-10s—has had a raw deal as far as access to quota and fishing opportunities is concerned. The Bill is largely based on the assumption that an increase in opportunities, as a result of taking back control of our waters, will give us an uplift that will provide additional fishing opportunities for the inshore fleet. Do you think that goes far enough, or do we need to look at something bolder and more radical in terms of quota allocation or fishing opportunities?

Jerry Percy: Our main concern is that the Bill is predicated on a successful fisheries Brexit, if I may call it that, with a significant windfall of quota. Again, with the greatest respect, that would get the Government out of the hole that successive Governments have painted themselves into—if I may mix my metaphors—in that because there is only so much in the UK pie of quota, they are somewhat hamstrung, in their view, in their ability to reallocate more fairly and effectively. Not surprisingly, we disagree with that version and there is legal argument that they could do so, albeit slowly—that was said by the judge in a judicial review in 2012.

I gave an answer earlier about moving the method of allocation to become genuinely reliant on the social, environmental and economic criteria, but I do say genuinely because the UK Government are also already subject to article 17 of the common fisheries policy, which says something similar about allocating quota on those three criteria. The Government have argued that they meet those criteria. I personally do not think that they even remotely reach them in many respects. If we are going to have a revised method of allocation, we need an undertaking or to ensure that the Bill does what it says on the tin.

--- Later in debate ---

[Luke Pollard]

Q Finally, one of the areas that seems to be weaker in the Bill than in the common fisheries policy is the area around maximum sustainable yield and the removal of a commitment to achieve it by 2020. Where there are difficulties in achieving maximum sustainable yield by 2020, do you think that the MSY provisions in the Fisheries Bill are sufficiently robust to make sure that we are restoring stock levels in our oceans, especially as climate change seems to be missing as a theme from much of the Bill? Is that something that we could address?

Dr Appleby: What does maximum sustainable yield actually mean? The European Union defines it as something like the highest theoretical equilibrium yield. It says something like that in the basic regulation. You take a basket of theories and you use the highest one. It has been knocked around as a term for a long time. Our rights in our EEZ only go up to maximum sustainable yield and we do not have a right to fish beyond it. We can take the interest off our fish stock outside our territorial waters, but we cannot spend the capital. This is the way to look at it.

To some extent, that is all the rights we have. I have not explicitly looked at that, but my sense on the way this works is that we would be bound by MSY targets anyway. The other thing is that the UK has access to judicial review, whereas trying to review the European Commission is interesting. It is very difficult to get a standing in the European Court of Justice, particularly on maximum sustainable yield. A few years the World Wildlife Fund tried to get access on cod quotas, I think, and they failed. So the European Union is good at giving rules to other people, but not so good at looking after itself. From an environmental charity point of view, we are not so concerned as long as there is something in there that does allow some conversation about moving to the right stocks that produce more fish, more jobs and a better environment. We could get hung up on this if we are not careful.

[Peter Aldous]

Q Tom, you were expressing concern at how a public asset might have inadvertently become a property right, and how that might constrain more radical reforms of the quota system. Could we go back to the court case of 2012-13 when Lord Justice Coulson put down his determination? I have heard some suggestions that the Secretary of State won that case against the POs, because what he was proposing was very reasonable and small-scale, and the POs were acting unreasonably. Is that a view that you would share, or would you say that Coulson allows one to go a step further?

Dr Appleby: An FQA is a possession under the European convention on human rights. There is a distinction. “Quota” is once it is distributed, and FQA units are about your expectation of how much of a share of the UK’s TAC you are going get every year. That was based on the historical landings data, traditionally. He said that unused FQA units could be reallocated without compensation. FQA units are a possession, so the corollary of that is that used FQA units—and most of them are used—would require some sort of compensation payment. I have not been privy to the subsequent legal advice, and I took a sharp intake of breath when he said that at the time. In fact, I went to court to watch some of the court proceedings—it was quite interesting; it was right up my field. It is inherent in the UK that we do not take assets off people without compensation. It is part of our culture—way before the European convention.

There is another point about that redistribution and the immediate way it would have ramifications on how the whole commercial sector is constructed, which you need to be mindful of. Once you put that whole lot into a bag and shake it up, you could design a scheme to reallocate quota, but it would need to be done in a sensible, crafted way.

Fisheries Bill (First sitting)

Debate between Peter Aldous and Luke Pollard

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.

--- Later in debate ---

[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.