Fisheries Bill

Sheryll Murray Excerpts

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

[Michael Gove]

No, not at all. I am grateful to the hon. Gentleman, for whom I have enormous respect, for acknowledging many of the defects and flaws in the common fisheries policy, but we have been clear—this is reflected in both the draft withdrawal agreement and the accompanying draft political declaration on our future economic partnership—that we will be negotiating at the December 2020 Fisheries Council as an independent coastal state, ready to ensure that we decide on access to our waters, that we decide on total allowable catches and that we decide on quotas, and it is on that basis that we can ensure that the interests of our coastal communities are respected.

Of course, as an independent coastal state, we will be governed by the United Nations convention on the law of the sea. That landmark piece of international law makes it clear that all independent coastal states will negotiate with their neighbours to ensure that the environmental health of fish stocks are preserved and that an equitable share of each nation’s bounty can be agreed, because we as a nation depend for the fish we eat not just on the fish in our waters—of course, we have the healthiest stocks of any country in the existing European Union—but on negotiating with other independent coastal states, including Norway, the Faroes, Iceland and others, to ensure that we get the mix of fish that consumers demand and that society has a right to expect.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

Does my right hon. Friend agree that any party represented in this Chamber that promotes continued membership of the European Union is letting our fishermen down, because it is already promoting continued membership of the common fisheries policy?

[Michael Gove]

My hon. Friend knows what she is talking about, and she is absolutely right. The Scottish National party wants us to stay in the European Union, and therefore in the common fisheries policy, and the Scottish National party’s MEPs, when given the chance to vote in the European Parliament, voted to stay in the common fisheries policy. However, I do want to acknowledge that there are independent members of the SNP who do not toe the line of their leadership. There are individual voters who have lent the SNP their votes in the past but who do not agree with that view. Also, to be fair, the Scottish Government and the Minister responsible, Fergus Ewing, in helping to ensure that this legislation can work for Scotland, have operated in a constructive manner, as indeed have officials in the devolved Administrations—sadly, we do not have the Executive in Northern Ireland, but the officials there have negotiated in good faith, as have the Labour Administration in Cardiff. I want to underline that the legislation we bring forward will see powers moving to the devolved Administrations. It will be a diffusion of power and a strengthening of devolution.

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[Mrs Sheryll Murray]

Will the hon. Lady explain to me why my late husband suffered financially, quite considerably, for 12 years under a Labour Government, but she is now blaming Conservative austerity? I have witnessed it myself. Will she explain why she has not admitted that and apologised for it?

[Sue Hayman]

We know that coastal communities have suffered from austerity, and I will be talking about that further. However, I do not think it is appropriate to talk about individual cases.

However, having said what I have just said, we do not oppose the Bill at this stage, as it has turned out to be a mostly enabling Bill for making future decisions. It is clear that the Government have some way to go before we can all be satisfied with what is before us today. I hope that Ministers will reconsider parts of this legislation so that we can reach a consensus on the direction of travel. We intend to bring forward a number of key amendments in Committee to make those improvements.

In addition to looking at quotas, the Secretary of State also talked about the need to revitalise coastal communities, which have been badly let down by successive Tory Governments and the eight years of austerity. I represent a coastal community myself and have seen that damage at first hand. Those communities have been starved of investment. They have reduced services due to local government cuts, lower wages and stalled economies. If we look at the 98 local authorities that are on the coast, 85% of them have pay levels below the UK’s average, and, to date, the Government have done nothing to address that. Labour believes that well-managed fisheries and sustainable fishing practices can help reinvigorate many of these communities. This is a unique opportunity, as we have heard from the Secretary of State, to transform the way that we manage our fisheries to improve lives by driving economic prosperity, tourism and environmental benefits to our beautiful and unique British coastal areas.

However, if we look at the current distribution of quotas, it is clear that the system is not working in a fair or equitable way. According to research by Greenpeace, more than a quarter of the UK’s fishing quota is owned or controlled by just five families on the rich list of The Sunday Times. We are well-accustomed to hearing about taking our fair share of quota at the European level, but many in our coastal towns and smaller fleet want to know when they will get their fair share of the existing national quota.

The Secretary of State has talked about the unfairness in quotas, but the clear lack of proposals in the Bill to redistribute existing and future quota can be seen only as an endorsement of the current unfair system. Labour will bring in amendments to improve that situation. Given what the Secretary of State said earlier, will he support us in those amendments?

Recreational fishing also has an important role to play in the development of our coastal towns. The Angling Trust believes that many towns could prosper by attracting anglers who would travel right across the UK and from overseas to take advantage of top-class angling in healthy, well-managed waters.

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[Neil Parish]

My hon. Friend makes a really good point. Fish will move, perhaps because of water temperature or where the food is. Also, of course, they do not always swim together. Cod swim together and haddock swim together, so we can go out and make sure that we catch only one species of fish, but other types of fish swim separately, and we will often catch many species. That is especially the case in the south-west waters, where we are very much a mixed fishery, and that is why the discards are so important. We do not want the fishermen to target particular species, but we want them to be able to catch fish and land it all. The challenge is going to be making sure that we recompense fishermen for delivering fish that they did not have the quota to catch, but do not stimulate them into catching fish that they perhaps should not be catching.

[Mrs Sheryll Murray]

Does my hon. Friend welcome the study by one of the northern universities and CEFAS to look at zonal attachment as a way of assessing fish stocks within the United Kingdom 200 miles from the median line limit?

[Neil Parish]

As always, my hon. Friend speaks great sense on fishing, and so she should, given her knowledge of it. Zonal attachment is an interesting way of looking at this. When we are managing our own waters, we should be able to manage that much more quickly, so that an area that can be fished can be opened up, or if an area needs to be closed down, for reasons of the environment or fish breeding, we can do so much more quickly.

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[Mrs Sheryll Murray (South East Cornwall) (Con)]

First, I want to thank the hon. Member for Penistone and Stocksbridge (Angela Smith) for her tribute to the bereaved families of fishermen, and I also want to put on record my grateful thanks to the Secretary of State. My family would also like me to say thank you. I would also like to pay tribute to the Royal National Mission to Deep Sea Fishermen and to the rescue services who go out in all weathers to ensure that our fishermen are safe.

The Bill provides the legal framework for the UK to operate under the United Nations convention on the law of the sea after we have left the European Union on 29 March 2019, something that my late husband and I worked towards since the late 1980s and early 1990s. However, it is important to look at the wider matter of the terms of our exit from the European Union and at the political declaration that the Prime Minister is in Brussels talking about now. I know that the terms will be a cause of concern for many of my constituents and for the fishing industry throughout the UK.

It is no secret that many people feel that the UK’s rich fishing resources were sacrificed when we joined the European Economic Community. Agreeing to the principle of equal access to a common resource—the total EU pond—at the time was in my opinion a dereliction of duty by the then Conservative Government, and I would like personally to apologise, even though I was not a Member of this House in 1972. Indeed, I was not even old enough to vote. It was a dereliction of duty, and the disastrous permanent share-out of the catch for each species in UK waters from January 1983 has left the UK fishing industry a shadow of its former self. An example is that of channel cod, of which the UK is permitted to catch 9% a year while France takes about 80%. We now face a situation in which other EU vessels take five times more in monetary value from the UK exclusive economic zone than UK vessels take from all the other EU EEZs. I have to say to the hon. Member for Penistone and Stocksbridge that the massive value of that fish could benefit the economy of the United Kingdom, but at the moment it is just being given away, with other member states coming in, catching and taking away. There is no benefit to us in that arrangement.

On the morning of 14 November, it was reported that Sabine Weyand—Michel Barnier’s deputy who leads the EU’s negotiations at a technical level—said that the UK would be forced to concede on fisheries as part of the withdrawal agreement, meaning that Britain would have to

“swallow a link between access to products and fisheries in future agreements”.

The French are leading a group of other member states in demanding a link between access to waters and a trade deal. Lots of reports have shown this, but we must not accept such a link. That would be a complete repeat of what happened in 1971 when the UK Government caved in at the last minute and allowed equal access to a common resource.

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

I should like to associate myself with my hon. Friend’s comments in paying tribute to the various associations and organisations that support our fishermen. Does she agree that there is no precedent anywhere for access to a third country’s natural resources forming part of a trade agreement?

[Mrs Murray]

I completely agree with my hon. Friend. In relation to Norway and the EU, access to resources is negotiated on an annual basis and Norway has tariffs attached to its fish. There is no link there, and it is completely wrong for people to say otherwise.

I see that my Cornish colleague, the Minister for Agriculture, Fisheries and Food, my hon. Friend the Member for Camborne and Redruth (George Eustice), is in his place. I was going to ask the Secretary of State this question, but I shall ask my hon. Friend instead. Will he please ask the Secretary of State to categorically reaffirm that British fish will not be used to buy a trade deal with the EU? Will he also ensure that only the fish that United Kingdom vessels—I do mean United Kingdom vessels, because Scottish vessels will benefit from this as well, as will those from Wales and Northern Ireland—cannot catch will be made available to other nations? Can he also assure me that, because the catch levels of the UK fleet have been artificially deflated since 1983, allowance will be made for UK fishermen to realise their total catching capacity?

The NFFO would like the Government to establish a formal advisory council to guide policy, promote collaboration between central Government, the devolved Administrations and the industry, and allow an ongoing dialogue in what is a naturally variable industry. An advisory council could play a leading role in the use of secondary legislation to ensure an agile and responsive approach to fisheries management.

It is understandable that the Bill refers to maximum sustainable yield as an approach to sustainable fisheries management. However, if maximum sustainable yield is set as a rigid, time-bound objective, it will prove unworkable. We have seen that happen time and again, and the CFP is the prime example. Setting quotas for sustainable fisheries management in mixed fisheries must take into account a number of different, and sometimes competing, factors. In an earlier intervention, I mentioned zonal attachment, which is an important new way of looking at fisheries management and the assessment of stocks.

Where agreement between fisheries administrations cannot be reached, some sort of approach is needed that allows appeal. It would be useful if the Minister considered putting in place a dispute resolution system that would not impact on fisheries.

I have a few asks for the Minister. Will he look at clause 42, particularly subsections (3) and (5). We need a date for when the provisions come into force, because the fishing industry needs to be able to plan. It has accepted that the implementation period will not end until 31 December 2020, but it would be reassured if we inserted the words “no later than 31 December 2020” into those two subsections.

To sum up, setting aside the complex and controversial questions surrounding parliamentary approval for the withdrawal agreement, much still hinges on the negotiations ahead. The UK’s legal status has altered and its leverage in fisheries negotiations has changed dramatically, but unless that new status is used to address the distortions in quota shares, fishermen will question what it has all been for. English fishermen in the channel have struggled with a 9% share of the cod quota, compared with France’s 84% share—it has been exactly the same for haddock, which my right hon. Friend the Member for North Shropshire (Mr Paterson) mentioned.

To deliver the fair share of fishing opportunities that they rightly see as theirs, British fishermen, in this second round, will expect our negotiators to be as tough, astute and hard-nosed as they need to be to realise the benefits of our new status as an independent coastal state. I really hope that the Prime Minister and the Secretary of State have got that message from fishermen today.

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[Mr Charles Walker (Broxbourne) (Con)]

Madam Deputy Speaker, with your indulgence, may I take you to the sunlit uplands of 2028 as imagined by my great friends in the Angling Trust in this amazing press release?

“In South Cornwall, swathes of new guesthouses, hotels and restaurants have opened up to service the visiting anglers fishing for blue fin tuna in Falmouth bay. The millions of pounds this has brought to the region has resulted in hundreds of full-time equivalent jobs servicing anglers travelling from the UK and from overseas to take advantage of the world-class big game angling opportunities that Cornwall is once again offering.

Meanwhile, nearly a decade of management measures protecting the spawning bass stock in the southern North sea has turned Clacton-on-Sea into the go-to location for weekend Londoners now spending their money bass fishing and enjoying their catches cooked before them in one of Clacton’s many new seafood restaurants capitalising on the turnaround of the North sea into one of the UK’s most productive fishing grounds. More broadly, the Essex coast is once again seeing former charter captains, such as Stewart Ward, returning to the sea.

It is worth remembering that none of these dramatic developments would have been possible without the Government’s brave and radical decision when the UK left the EU to ensure fish stocks were managed sustainably and to maximise the return to the UK of the sustainable use of fisheries resources and protection of the marine environment.

The policy was controversial at the time, but the bold and ambitious move has paid off in ways even the most ardent supporter of such a policy could not have expected at the time. The UK is now a world leader in how to manage fish stocks sustainably, so they deliver the biggest benefits to society as a whole.”

The press release concludes:

“EU policy makers are now planning to follow suit in the next reform of the Common Fisheries Policy which, like the reforms before it, from 2002 to the last one in 2022 failed to live up to their promises.”

That is the prize—and, my word, is it a prize. Imagine people from around the world travelling to Cornwall to catch 500 lb tuna fish—not to knock the tuna on the head and put them in a refrigerated ship to be cut up on a slab, but to be part of a conservation programme so that they can be tagged, measured and released; a big game fishery that means people who love fishing and catching big fish do not have to fly to Kenya to do it? People from around the world will be flying to London and regional airports to get to Falmouth, so they can go big game fishing. This is going to be a fantastic opportunity. Charter skippers will be able to charge somewhere in the region of £1,500 a day to take three fishermen, fisherwomen or fisherpersons out. Wow.

As for bass fishing, what an opportunity: thousands of beds around Essex filled up with anglers at the weekends and during holidays with their fly rods and spinning rods, coming to Essex and other coastal communities and counties to catch bass; bass that are no longer plundered but preserved for game fishermen. Of course, I do not want to see commercial fishermen cut out of bass fishing, but I know there is a way of managing our bass stocks so both interests can have a sustainable future. As well as the big politics of Brexit, that is what we need to be discussing today: the fish, because the fish are really important.

I want to say a couple more things before I sit down—I said I would be brief. The management of our fish stocks, as far as recreational anglers are concerned, has been nothing short of catastrophic up to this point. Until 1 October, if I had gone bass fishing with my son and we had caught a bass each, we both would have been required to return them. Even if they had been above the 42 cm keep limit, it would have been illegal for us to keep a fish. That is not right; fish stocks belong to everyone. I see in front of me my hon. Friend the Member for South East Cornwall (Mrs Murray), who speaks so passionately about fishing. She understands that they need to be shared out and that recreational fishermen need to be able to keep a fish or two, or maybe three, for their family and friends. That is not being greedy; it is connecting with nature and the sea.

I look around the Chamber and see colleagues who are passionate about fishing, but we need to have a bit more passion about the fish. We need to make sure that we have viable fish stocks for people to enjoy.

[Mrs Sheryll Murray]

My hon. Friend is a fantastic spokesperson for the leisure and recreational fishing fraternity. Will he tell us how the ban on catching bass has affected the angling fraternity under the common fisheries policy and how they will benefit once we leave?

[Mr Walker]

The press release that I quoted mentioned Stewart Ward, who is a constituent of my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), who was sitting here a few moments ago. Stewart Ward lost his business. He was a charter skipper in Essex, and he wrote to me to explain why it happened. When people pay their £40 or so to go out on a fishing trip, they like to keep a fish or two, which is perfectly reasonable. It is a natural thing for someone to want to bring their catch home—it is part of the harvester in many of us. However, his clients and guests were not allowed to keep the fish, and they could not justify spending the money if they were not able to bring part—not all—of their catch home. It has had a damaging—some would say catastrophic—effect on the recreational angling fleet and those who enjoy recreational angling.

I have spoken for too long. I think I have made the case for fish, and I hope that we in this Chamber can continue to make the case for fish long after we have left the EU in a few months’ time.

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

It is an honour to sum up what has been a fantastic debate with good contributions on both sides of the House, and I echo the words expressed across the House about those fishermen who risk their lives to catch the fish we put on our tables. In particular, I add my thanks to the rescue services, the coastguard and the RNLI, who are true heroes indeed.

We do not oppose the Bill. We know that the UK needs a fishing system outside the common fisheries policy after we leave the EU—we do not dispute that—but it is clear that the Government still have some way to go before the Bill satisfies both sides of the House. The Labour party intends to work with the Government to ensure we have a good Bill that is fit for purpose. Fisheries Bills do not often trouble the House of Commons so we need to make it a good one.

There are some good things in the Bill, but there are far too many missing pieces. It smacks of a measure hurriedly prepared and pushed out too quickly by a Government who were aware of the approaching deadline of Brexit. It needed more work before its publication, and it would have benefited from a round of pre-legislative scrutiny, but as Ministers chose not to do that, I think they should not be surprised that there have been so many proposals for amendments today and that there will be more in Committee.

The Bill gives the Government a chance to make real the promises made by the Leave campaign. So far, big promises have not been matched by delivery. Fishing communities, in Plymouth and across the country, do not want grand promises; they need honesty, and clarity from the Government, and they want those to be delivered.

[Mrs Murray]

Will the hon. Gentleman give way?

[Luke Pollard]

I am sorry, but there have been enough interventions.

My hon. Friend the Member for Workington (Sue Hayman) made a superb opening speech, but I want to reiterate the concerns that have been expressed by Members on both sides of the House.

[Mrs Murray]

Will the hon. Gentleman give way?

[Luke Pollard]

I will keep going. I apologise, but the hon. Lady has had enough chances.

The Bill constitutes a missed opportunity—a once-in-a-lifetime opportunity to start afresh and create a truly world-class, sustainable fisheries policy. We need to get this right, but as it stands, the Bill fails in a number of critical ways. It fails to provide a fair deal for our small fleet, or attempt to break up large monopolies in the fishing industry. It fails to regenerate coastal communities and provide the renaissance that our coastal towns need. It fails to create a vision for the UK to have the most sustainable fisheries in the world. It fails to ensure frictionless access to the single market; indeed, given the Prime Minister’s bad deal, it poses the risk of tariffs on our fish, and we do not want tax on our fish. It also fails to ensure that there is supply-chain fairness across the board.

As was pointed out by my hon. Friend the Member for Great Grimsby (Melanie Onn), while in theory the Bill gives us greater access to our waters, it says nothing meaningful about redistributing quota more fairly across the British fleet. The fixed quota allocation system has been heavily criticised on both sides of the House during the debate, and it is unfair, but it has not been updated since the 1990s. If I had not been updated since the 1990s, I would still have bleached blond hair, wear cargo trousers and believe that wet-look gel is a good idea. Times change, and so must our fishing regulation. As a result of the existing system, ownership of quota has become increasingly consolidated in the hands of a few, and we need to change that. We need to distribute quota so that it goes back into the hands of the many.

As my hon. Friend the Member for Workington said earlier, more than a quarter of the UK’s fishing quota is owned or controlled by just five families on the Sunday Times rich list. Quotas should be allocated according to transparent and ecological criteria, to the benefit of fishing communities. For example, a greater share should be offered in return for compliance with relevant regulations, participation in data gathering and good science, full monitoring and recording of catches, compliance with discard rules, and the application of high standards of workers’ rights, welfare and, especially, marine safety. Given the loss of two trawlers from Plymouth since my election, and a death in both losses, I am disappointed that the Bill does not contain more about enhanced marine safety as a qualification for additional quota. We need to reward best practice, not ignore that problem.

The UK has always had the ability to allocate quota to reward particular types of fishing practice or to support broader social and economic gains, but has chosen not to do so in a broad, meaningful way. Ministers have reallocated too little quota, although they have reallocated some. Labour wants smaller boats to be given a greater share of quota after Brexit. Small boats are the backbone of our fishing industry, the small and medium-sized enterprises of the sector, and they need our backing. The small-scale fishing fleet generally uses low-impact gear, and creates significantly more jobs per tonne of fish landed than the large-scale sector. In the UK, the under 10-metre small-scale fleet represents more than 70% of English fishing boats and 65% of direct employment in fishing, and it should be supported.

We have heard that recreational fishing would have huge potential with better management, and I agree. There is not enough in the Bill that values that sector—not yet, at least. More recreational fishing and more sustainable fisheries depend on better science to plug the gap in data. That means more baseline stock levels for non-quota species such as cuttlefish. If ours are to be the most sustainable fisheries in the world, we need to have the best science in the world. Indeed, the data deficiency that we currently see in our fisheries is one of the reasons why many of our fisheries cannot market their fish as sustainable. As we heard from my right hon. Friend the Member for Tynemouth (Mr Campbell), we need to ensure that maximum sustainable yield is achieved by 2020, and that that date is put in the Bill.

There have been many good contributions from across the House. My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) mentioned the governance gap and the too frequent reliance on Henry VIII powers in this Bill, and that needs to be addressed. My hon. Friend the Member for Harrow West (Gareth Thomas) talked about doubling the size of the co-operative economy, and in fishing we have a proud record of co-operatives; that should be supported. We need to ensure not only that EMFF funds are replaced—with every single penny replaced, not cut—but also that the other funding arrangements, as mentioned by my right hon. Friend the Member for Tynemouth, are put in place. Local government need to ensure that they have the funds to invest in our fishing as well. As the hon. Member for Broxbourne (Mr Walker) said, we must make sure we have a passion about fish, not just a passion about fishing. My hon. Friend the Member for Great Grimsby (Melanie Onn) said we need to talk more about processing, which has the lion’s share of employment in the fishing sector.

My party does support this Bill, but we believe it needs more work in a considerable number of areas. Serious concerns have been raised on both sides of this House about fairness, funding, sustainability and trade. The fishing industry has been given grand promises by the Environment Secretary, and many others besides, only to have some of them broken time after time. While I believe that the Fisheries Minister is honest in his efforts, I fear that those higher up in his Government are selling him out and that our fishing industries have been sold out, too. That must not be the case with this Bill: no more betrayals; no more grand promises. To the Minister I say be up front and frank with fishers about the difficulties and opportunities, because I have not met a fisherman who is not equally frank, up front and honest in their response.

I genuinely believe that there is scope for this Bill to be improved with cross-party working, and I put the Government on notice that if we cannot achieve those improvements, they should not necessarily count on our support in future parliamentary stages.