All 7 Stephanie Peacock contributions to the Fisheries Act 2020

Read Bill Ministerial Extracts

Tue 1st Sep 2020
Fisheries Bill [Lords]
Commons Chamber

Ways and Means resolution & 2nd reading & 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 & Ways and Means resolution: House of Commons & 2nd reading & Programme motion & Money resolution
Tue 8th Sep 2020
Fisheries Bill [ Lords ] (Second sitting)
Public Bill Committees

Committee stage: 2nd sitting & Committee Debate: 2nd sitting: House of Commons
Tue 8th Sep 2020
Thu 10th Sep 2020
Tue 15th Sep 2020
Fisheries Bill [ Lords ] (Fifth sitting)
Public Bill Committees

Committee stage: 5th sitting & Committee Debate: 5th sitting: House of Commons
Tue 15th Sep 2020
Fisheries Bill [ Lords ] (Sixth sitting)
Public Bill Committees

Committee stage: 6th sitting & Committee Debate: 6th sitting: House of Commons
Tue 13th Oct 2020
Fisheries Bill [Lords]
Commons Chamber

Report stage & 3rd reading & Report stage & 3rd reading & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons

Fisheries Bill [Lords]

Stephanie Peacock Excerpts
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

(3 years, 7 months ago)

Commons Chamber
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 71-R-II(Rev) Revised second marshalled list for Report - (22 Jun 2020)
Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
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It is a pleasure to close the debate for the Opposition tonight. From 2021, the UK will become an independent coastal state and for the first time in 45 years we will have control over who fishes in our waters and how much they can catch. We can use this historic moment to our advantage to combat the decline in wages and job opportunities faced by coastal communities and to create a sustainable UK fishing regime where the marine environment is protected and every effort is made to replenish our declining fish stocks. The Bill will impact not only the health of our seas, but our seaside towns, fishers and industry.

In today’s debate, three issues have come up time and again: the impact of covid-19 on our coastal communities, ports and smaller boats; the need to support our struggling fishers and those who live in seaside towns and villages by giving them a fairer share of fishing opportunities and landing catches in UK ports; and the importance of putting sustainability at the heart of future fisheries management. We have heard many passionate speeches from across the House this evening. My hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) referred to the jobs and coastal communities amendment. She rightly highlighted that, in the fishing industry, 10 jobs are created on land for every one at sea. If the Government are serious about levelling up parts of the UK that have been left behind, they should support Labour’s call to land more UK fish caught in UK waters in UK ports.

My hon. Friend the Member for Luton North (Sarah Owen) said that

“people care where their food comes from and they care about the people who provide it.”

She is right and she rightly spoke passionately about support for smaller fishers and outlined the simple fact that the Government have always been able to have the power to redistribute UK fishing quotas. As has been discussed in the debate, one of the Bill’s main aims is to ensure a level playing field between UK and foreign boats. Surely that principle of fairness should extend to our own fleet. Small fishers are the backbone of local communities. They deserve the lion’s share of any additional quota that comes out of negotiations with the EU, as the hon. Member for Southend West (Sir David Amess) touched on.

My hon. Friend the Member for Bristol East (Kerry McCarthy) spoke of the sustainability objective that was passed in the Lords, and I share her disappointment that the Government intend to remove that amendment, along with the three other amendments won in the other place. Labour Members believe that this objective is a big step forward to creating a more sustainable fishing regime and that fisheries management plans must be legally binding if they are to be effective.

The Secretary of State and my hon. Friend the shadow Secretary of State rightly paid tribute to the six fishers who lost their lives in 2019. Commercial fishing remains the most dangerous peacetime occupation in the UK. My right hon. Friend the Member for Tynemouth (Sir Alan Campbell) spoke about that and he highlighted that this Thursday will see Merchant Navy Day take place. The hon. Members for St Austell and Newquay (Steve Double) and for Waveney (Peter Aldous) pointed out that recreational fishing deserves recognition for its contribution not only to our national economy, but to smaller ports and communities. The covid-19 pandemic hit this sector hard, as lockdown regulations and social distancing measures made trips economically unviable, and it is so important that the industry gets the support it needs to get back on its feet.

Independently produced, peer-reviewed science must form the basis of all fisheries management decisions. My hon. Friend the Member for Canterbury (Rosie Duffield) referred to each boat as a floating laboratory and she is absolutely right to describe how a lack of data on the state of fish stocks cripples our ability to make informed decisions and set fishing quotas at sustainable levels. Overfishing directly impacts the future viability of our fishing industry, and the hon. Member for North Cornwall (Scott Mann), along with other Members, was right to call for an end to electronic pulse fishing.

The right hon. Member for Scarborough and Whitby (Mr Goodwill), a former Fisheries Minister, spoke with great expertise on this subject. Fish stocks do not respect the 200 nautical mile zone, so, as has been stated, Labour welcomes zonal attachment. In what I thought was a thoughtful speech, the right hon. Gentleman quoted the great Nye Bevan, acknowledging:

“Only an organising genius could produce a shortage of coal and fish at the same time.”

What an irony that the last majority Conservative Government destroyed our coal industry. We believe that we must ensure that our fishing industry does not suffer the same fate.

The hon. Member for Great Grimsby (Lia Nici) spoke passionately about the importance of fishing to her local economy. I was pleased to visit the Grimsby docks earlier this year, and I would like to take this opportunity to pay tribute to her predecessor, who fought hard for the Grimsby fishers during her time in this place.

My hon. Friend the Member for Jarrow (Kate Osborne) made important arguments about the need to reduce plastic waste and for a commitment to reach net zero, which is clearly an oversight in the Bill and something that we hope to address in Committee. She, alongside my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) and many others, spoke about the operation of supertrawlers in marine protected areas, and a ban was called for by Members across the House.

I agree with the right hon. Member for Orkney and Shetland (Mr Carmichael) that not enough time has been given in this or other Parliaments to discuss our fishing industry. I share his concerns that the delay in bringing forward the Bill caused huge uncertainty for our fishing fleets.

The hon. Member for North West Norfolk (James Wild) spoke about the need to encourage young people to enter the UK fishing industry as a career. Labour believes in investment in skills, along with apprenticeships, and we will table an amendment in Committee that we hope the Government will support.

Like the hon. Member for Totnes (Anthony Mangnall), I would also like to acknowledge the invaluable work of Seafarers UK and the Fishermen’s Mission, two charities that my grandma used to collect for.

Labour calls on the Government to support smaller fishers and coastal communities, who have struggled to make a living, especially in the last 10 years, and have been some of the worst hit economically during the covid-19 pandemic. We want to right the wrong faced by small boats, which represent 79% of the UK fishing fleet but hold only 2% of the quota. That is clearly unjust. We want a commitment to land more fish in UK ports, bringing more jobs and growth opportunities to seaside towns. We will continue to push for coastal communities to get a greater share of economic growth, for jobs at sea to be protected and jobs on land to be realised, and for the Government to fulfil their promise of a legal commitment to sustainability.

As Members across the House have made clear, this Bill, together with the Agriculture and Environment Bills, represents a once-in-a-generation opportunity to leave our environment in a better way than we found it. Healthy fish stocks have been proven to create a more resilient and productive marine environment and ecosystem. That leads to increased long-term catches and greater industry profits. For the sake of our coastal communities, which rely on our UK fishing industry and the thousands of jobs it creates, not just on boats but in processing, logistics and food services, we must put sustainability at the heart of our fishing policy. This Bill presents a chance to begin the process of making sure that UK fishers get a fair deal. We must do right by them and by our coastal communities.

Fisheries Bill [ Lords ] (Second sitting)

Stephanie Peacock Excerpts
Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 8th September 2020

(3 years, 7 months ago)

Public Bill Committees
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 8 September 2020 - (8 Sep 2020)
Victoria Prentis Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
- Hansard - - - Excerpts

I beg to move amendment 2, in clause 2, page 3, line 37, leave out “18 months” and insert “two years”.

This amendment extends the deadline for publishing the first joint fisheries statement. Under the Bill as it stands the deadline is 18 months after the Bill is passed; the amendment alters it to two years after the Bill is passed.

It is a great pleasure to serve under your chairmanship, Sir Charles. Government amendment 2 extends the timeframe for publication of the joint fisheries statement from 18 months after Royal Assent to 24 months. That is to ensure sufficient time for drafting and sign-off by all the fisheries administrations, as well as for public and parliamentary scrutiny of the proposed policies. The change is unfortunately necessary because of the slippage in proceedings on the Bill, most latterly as a result of the pandemic. That has resulted in key stages of the joint fisheries statement drafting process, including parliamentary scrutiny, falling within the purdah or pre-election and, indeed, election periods for the Scottish and Welsh Parliaments in the spring of next year and the Northern Ireland Assembly in spring 2022. The devolved Administrations have raised the matter with us and, in our view, are rightly concerned that these election processes could significantly delay the ministerial clearances that will be required ahead of public consultation and parliamentary scrutiny. We are concerned that there is a high risk that the deadline will not be met. It would not be appropriate to make potentially new policy decisions during any pre-election period.

This amendment will support the development of a robust joint fisheries statement on the implementation of policies to meet the fisheries objectives that have been subject to appropriately rigorous scrutiny. I therefore ask the Committee to support the amendment.

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
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The fisheries administrations are required to publish a joint fisheries statement setting out the policies that will achieve or contribute to the achievement of the objectives listed in clause 1, which we discussed this morning. A common UK framework should be ambitious in scope and aspiration. The recovery of our fish stocks and sustainable management of our fisheries will impact generations to come. We will no doubt agree that the establishment of the first joint fisheries statement is an important moment for the UK fishing industry. I have met representatives from across the fishing industry in recent months, as I am sure the Minister has, and I am sure that the Minister will have heard as much as I have their concerns that the process of the UK leaving the common fisheries policy and becoming an independent coastal state has felt prolonged. Many fishers are keen to make progress on this as quickly as possible—something that I am sure the Minister and I will share. I understand the reasons that the Minister has outlined for the unfortunate but necessary delay, but can she also assure us that any delays in publishing the joint fisheries statements will not impact on the fisheries objectives that we have already discussed and, in particular, on the sustainability objective, albeit we would have preferred it to be stronger?

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I agree with almost all of what the hon. Lady has to say. We share her disappointment that the amendment is necessary, but we regretfully say that it is.

Amendment 2 agreed to.

Stephanie Peacock Portrait Stephanie Peacock
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I beg to move amendment 63, in clause 2, page 3, line 38, at end insert—

“(5A) 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.

(5B) In establishing the system under subsection (5A), 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 2022 due to disputes between the fisheries policy authorities.”

This amendment would require 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.

As I am sure many members of the Committee will remember, the Second Reading debate on the Bill got quite heated in parts. Fisheries management decisions and approaches can be contentious, and it is clear that disagreements can easily arise. We have only to look at what is happening in Brussels at the moment to see evidence for that. This amendment is therefore designed to ensure that a dispute resolution process is formally established. Such a process would ensure that any disagreements over fisheries management policies could be resolved through a clear framework and in a timely manner before discussions became deadlocked to the point that a joint fisheries statement could not be produced. This provision is supported by the National Federation of Fishermen’s Organisations, which regards it as essential.

The NFFO also said that it would like this provision to be implemented in consultation with each devolved Administration before policies are set out in a Secretary of State’s statement. It is my understanding that the Government are developing a memorandum of understanding with the devolved Administrations that

“aims to ensure co-operative ways of working and a mechanism for escalating and resolving disputes should they arise.”

I would like to probe the Minister further on how this mechanism would work in practice, how it would respect devolution settlements while ensuring an efficient process and how it would ensure that the joint fisheries statements were the product of an equitable and democratic process.

This amendment would provide important certainty to the industry across the UK that, should any disputes arise, a clear and fair dispute resolution process would be in place. I believe that this does have and would have the support of the wider industry.

Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
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It is a pleasure to see you in your place this afternoon, Sir Charles. As much as I can see what the hon. Member for Barnsley East is trying to do in proposing this amendment —seeking to establish a dispute resolution mechanism—and while I of course understand that it would be better for the four nations of the United Kingdom to enter into discussions in good faith and to work collaboratively to seek that joint fisheries statement, I cannot accept that this is the best way to take this forward. There should be, I agree, a mechanism to resolve any conflict that might arise between the four nations of the UK, but we do not think that giving power to the Secretary of State to establish such a mechanism is the way forward.

There has been nothing in the last few years, particularly around fishing and agriculture, to suggest that the interests of the devolved nations would be protected if the UK Secretary of State—particularly from the current Administration—was asked to establish a system in which to resolve disputes. Quite simply, we do not trust the Government to produce a mechanism that would not centralise power and decision making at Westminster. We do not think that the needs of the Scottish, Welsh or Northern Irish fishing industries would be adequately protected if a Secretary of State based in Whitehall was given the power to establish that dispute mechanism.

Immediately, questions would arise. What would the system to resolve these disputes look like? How independent of Government would this be? Who would appoint the members of that committee, if it were independent of Government? Would its membership be based on the nation’s fishing industry, percentage share of coastline or the size of its population? Who would ultimately decide which side was right and which was wrong, and what criteria would they use to decide that?

I struggle to see how it would be possible for the four nations of the United Kingdom to be put on a fair and equitable footing, and for a transparent dispute mechanism to be put in place, when to all intents and purposes in these matters Westminster acts as the English Parliament, and when the right hon. Member for Camborne and Redruth (George Eustice) doubles as the UK Secretary of State and also the person in political charge of English fisheries.

--- Later in debate ---
These mechanisms will ensure that disputes are resolved at the right level and as quickly as possible, while respecting the devolution settlements. Existing governance structures and agreements, including the overarching UK MOU, will continue to apply. I therefore ask the hon. Member for Barnsley East to withdraw the amendment.
Stephanie Peacock Portrait Stephanie Peacock
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I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2, as amended, ordered to stand part of the Bill.

Clause 3

Joint Fisheries statement: procedure

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
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I beg to move amendment 64, in clause 3, page 4, line 11, leave out “6” and insert “5”.

This amendment would ensure that the fisheries statements are subject to review every five years, instead of every six years.

None Portrait The Chair
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With this it will be convenient to discuss amendment 65, in clause 3, page 4, line 14, leave out “6” and insert “5”.

This amendment would ensure that the fisheries statements are subject to review every five years, instead of every six years.

Stephanie Peacock Portrait Stephanie Peacock
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Amendments 64 and 65 would ensure that fisheries statements are subject to review every five years, instead of the Government’s current preference of six years.

I would like to probe the Minister about the Government’s choice of a six-year review period. Such a long period between reviews of policy is bad for accountability and fundamentally bad for effective policy making. Indeed, on a six-year timescale, one could be a Member of the House for an entire Parliament without fisheries policies being made available for scrutiny. I hope we can all agree that that simply is not right.

Over the years, too little time has been given to debate fish and fisheries management in Parliament. As the right hon. Member for Orkney and Shetland (Mr Carmichael) said on Second Reading:

“It has often been the case that at the end of the year we have struggled to get 90 minutes for an annual fisheries debate.” —[Official Report, 1 September 2020; Vol. 679, c. 94.]

As the EU referendum and negotiations have shown us, people care about fish, fisheries management and fisheries rights. In the earlier part of the Committee I heard the Minister say that she welcomed more time for discussions on fisheries policy, but Backbench Business and Westminster Hall debates are simply not good enough.

As we leave the common fisheries policy and establish our own fisheries policy, as an independent coastal nation, it is more important than ever that we ensure that our fisheries get the time in Parliament that they deserve. I believe that Fishing for Leave called for two years—it certainly was not six years—and that changing the review period from six years to five years will mean that fisheries are included as one of the major policy items under review at the start of the new parliamentary term.

If we are to take back control of our fishing policy, we need to make sure that the Executive is held to account and challenged, where challenge is needed. We must ensure that where policies do not deliver on the objectives set out in clause 1, they can be debated and changed. Given that those policies will be regularly affected by annual international negotiations, and changing scientific advice and data, it would not only be good governance but lead to a better policy and better outcome for us if we chose to make a joint fisheries statement on a more regular timescale.

I do not believe it is too much to ask for that to take place once in a fixed-term Parliament—once every five years. In the context of the current climate crisis and a fishing industry that is keen to grow in a sustainable way, I hope the Minister will agree that we need more scrutiny of environmental policies and not less.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

In answer to the hon. Lady’s question about why the period of six years was arrived at, I understand that the six-yearly review period mirrors that found in the requirement in the Marine and Coastal Access Act 2009 relating to marine plans. I recognise that the hon. Lady aims, with her amendment, to ensure that the delivery of the joint fisheries statement is effectively monitored and reviewed, but I do not feel that the amendments are necessary. Similar amendments were tabled in the other place, and the Government’s view is unchanged on that.

As Lord Gardiner of Kimble set out in the other place, we have chosen a six-year review period following a great deal of discussion with the devolved Administrations, with whom we work closely. We believe that six years is sufficiently regular to ensure that the joint fisheries statement reflects the current state of fisheries management and the best available scientific evidence, while providing sufficient stability for fisheries managers and the industry. It also reflects the Marine and Coastal Access Act 2009. Six years is enough time to allow policies to have tangible effects, while avoiding placing undue burdens on policy makers and stakeholders.

We will report every three years on progress towards achieving the objectives, which I think is right. That new commitment, which ought further to increase transparency and accountability, has been made in this iteration of the Bill in response to recommendations from the Environment, Food and Rural Affairs Committee. As with the Agriculture Bill, six years is the longest possible review period—clause 3 provides that the JFS can be amended wherever appropriate—so the provisions in the Bill will enable us to respond quickly and as required to changing circumstances or really bad environmental changes, for example, ensuring that the policy remains fit for purpose.

--- Later in debate ---
Stephanie Peacock Portrait Stephanie Peacock
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I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 3 ordered to stand part of the Bill.

Clause 4

Secretary of State fisheries statement

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause provides for the Secretary of State to publish details of policies relating to UK quota matters and reserved matters, which are defined in the clause, in a Secretary of State fisheries statement, or SSFS. That is to ensure transparency and accountability in the event that the joint fisheries statement does not include such policies. Again, we have worked closely with the devolved Administrations in the development of this policy. If a situation arose in which we could not reach agreement on a JFS policy that related to UK quota matters or any reserved matter, an SSFS could be created to set out those policies. The statement would be legally binding and would have to go through consultation, scrutiny and reporting requirements. If publication of an SSFS is required, it must take place within six months of publication of the JFS, to ensure that a complete framework of policies is available with minimal delay.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Secretary of State fisheries statement: procedure

Stephanie Peacock Portrait Stephanie Peacock
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I beg to move amendment 66, in clause 5, page 5, line 38, leave out “6” and insert “5”.

This amendment would ensure that the fisheries statements are subject to review every five years, instead of every six years.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss amendment 67, in clause 5, page 5, line 40, after “must” insert “, within 45 calendar days,”.

This amendment introduces a timeframe in which the Secretary of State must prepare and publish amendments to, or replacement of, the SSFS.

Stephanie Peacock Portrait Stephanie Peacock
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As I have already argued with regard to clause 3, Labour believes that fisheries management and scrutiny of fisheries policy need to take place at least once within a fixed-term parliamentary cycle. We believe that six years is too long a period between reviews and, as I have said, does not aid good governance or policy making. Amendment 66 is intended to bring that in line with our earlier amendment to clause 3.

Fisheries and coastal communities have experienced a great deal of uncertainty over recent years from both Brexit and the covid-19 pandemic. Amendment 67 seeks to place a timeframe of 45 days in the circumstance where the Secretary of State replaces or makes amendments to a published Secretary of State fisheries statement. We believe that that timeframe is adequate to enact changes to an SSFS, while also providing much-needed clarity and certainty for the fishing industry, if such changes were indeed to be made. It is important that we take steps to improve the confidence of fisheries management and provide certainty for the UK’s hardworking fishers.

I hope the Minister will agree that it would be far from ideal for our fishing industry to have a statement withdrawn without the certainty of a replacement’s coming in good time. I have no doubt that it would be the Minister’s intention to provide that certainty and that they would be working hard to that end, but, as we know, we do not always meet our intentions in a timely fashion. By placing a timeframe on changes to the policies that are not included in the joint fisheries statements, we will ensure that our fishers are not left in limbo and that we can provide certainty to an industry that we all wish to see thrive.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

We have chosen a six-year review period to match the review period for the joint fisheries policy statement. That review period, as I have noted previously, is a minimum, and clause 5 allows for the Secretary of State fisheries statement to be amended as the need arises, in accordance with the processes in schedule 1. In addition, we have committed to reporting every three years on progress, in response to recommendations from the EFRA Committee. These provisions should enable us to respond quickly to changing circumstances or environmental needs as required, ensuring that the policies remain fit for purpose.

I turn now to amendment 67, which would require the Secretary of State to develop and publish changes to an SSFS within 45 days. While I appreciate that the intent of this amendment is to ensure that a fisheries statement is updated swiftly, the amendment as proposed could decrease its effectiveness. In order to ensure that any amendments to the Secretary of State fisheries statements achieve their purpose, we need to allow sufficient time for drafting an appropriate consultation, not least with the devolveds, to take account of the best available evidence and ensure suitable scrutiny. That could last longer than 45 days and we do not want to lower our standards to meet an arbitrary deadline.

The Government are committed to delivering sustainable fisheries, and I hope I can reassure hon. Members that the Secretary of State would prepare and publish any required amendments to a Secretary of State fisheries statement as swiftly as is practicable. I therefore ask for the amendments not to be pressed.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 5 ordered to stand part of the Bill.

Clause 6

Fisheries management plans: duty to comply with proposals in JFS

Question proposed, That the clause stand part of the Bill

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

Fisheries management plans will transform our ability to manage our fish stocks holistically on a stock-by-stock or fisheries basis, as appropriate. They will help to move our fish stocks towards healthy, sustainable levels and allow us to move away from the damaging, one-size-fits-all approach of the common fisheries policy.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I welcome what the Minister has said. The Opposition welcome the introduction of fisheries management plans and hope that they will set out how stocks will be fished sustainably.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Fisheries management plans: power to depart from proposals in JFS

Stephanie Peacock Portrait Stephanie Peacock
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I beg to move amendment 68, in clause 7, page 7, line 45, before ‘available’ insert ‘best’.

This amendment changes the reference to ‘available scientific evidence’ to the “best available”. This term is used elsewhere in the Bill.

The amendment refers to what is meant by a “relevant change of circumstances” that would allow a fisheries policy authority to depart from proposals in the joint fisheries statement. We acknowledge that a level of flexibility will always be required when circumstances change, but clause 7 is viewed by some environmental groups as an opt-out or loophole clause. Essentially, opting out must happen for the best scientific reasons, not just any scientific reasons.

The clause would make it possible to redraft a new plan should a change in circumstances occur. However, there are fears that its broad terms could undermine much of the important environmental and sustainability work that must take place to secure the long-term future of the industry and marine environment. Changes in circumstances include international obligations, action by a Government outside the UK, scientific evidence and evidence related to the social, economic or environmental objectives.

Greenpeace said that

“a loophole in the wording allows for these plans to be ‘amended, replaced or revoked’ under a wide range of ‘relevant’ circumstances. As long as national fisheries authorities publish a document to justify their decision, the Bill could enable them to carry on as normal, without delivering their sustainability plans.”

I share concerns about the breadth of circumstances that would allow a departure from the joint fisheries statement to happen without effective scrutiny, and in particular the reference to “available” science rather than “the best available” science.

The amendment would tighten up the relevant circumstances. If scientific evidence points towards the creation of a different fisheries management plan, it should be the best scientific evidence that guides the process. The scientific evidence objective in clause 1 requires fisheries authorities to draw on the “best available” scientific evidence. The amendment would bring clause 7 into line with that definition. Up-to-date independently produced peer-reviewed science should form the basis of all fisheries management decisions. We cannot allow poor-quality research to dictate fisheries policies and undermine progress towards achieving the objective discussed earlier. Only the best scientific advice will yield the world-leading sustainable fisheries management practices that will allow our country’s fisheries and marine environment to thrive.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

Of course we understand the need to base decision making on accurate science, but Administrations may need to act promptly as a precautionary matter when emerging evidence indicates that there is a problem. An example is the one I gave this morning about scallops on Dogger Bank. The fishing industry recently expressed concern about stock levels on Dogger Bank. We acted on industry calls to close the fishery so that we could commission scientific evidence on which scientists could then base their best advice on the state of stock. That is one example of a closure that might have seemed to be a pre-emptive act. However, it seemed sensible, to get proper evidence from the site.

Science is always evolving and sometimes what constitutes the best can be contested, particularly when data and evidence are collected by different parties using different techniques; so it is in our interest to allow our excellent scientists to make use of all available evidence, including that provided by the industry, to produce the best available scientific advice as referenced in the scientific evidence objective in clause 1. I therefore ask that the amendment be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
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I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 7 ordered to stand part of the Bill.

Clause 8

Fisheries management plans: procedure

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

Fisheries management is complex and constantly changing, as the stocks are a wild natural resource. Further, fisheries science and technology is developing quickly and we must be able to respond appropriately to new findings and developments. It is important that policies within a fisheries management plan are reviewed regularly to ensure that they are fit for purpose. The clause ensures that fisheries management plans are reviewed at least every six years. As with the timing of the review of the joint fisheries statements, that follows the approach in the Marine and Coastal Access Act 2009. If, after review, the relevant fisheries administrations find that changes are required, they may amend, replace or revoke the plan. The clause also introduces part 3 of schedule 1, which sets out the administrative process for the preparation of fisheries management plans. It includes all the requirements for consultation.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clause 9

Fisheries management plans: transitional provision

Stephanie Peacock Portrait Stephanie Peacock
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I beg to move amendment 69, in clause 9, page 8, line 45, at end insert—

‘(2) In preparing and publishing a fisheries management plan under subsection (1), a fisheries policy authority acting alone must—

(a) consult any other fisheries policy authorities that it deems appropriate, and

(b) have regard to their responses before publishing the fisheries management plan.”

This amendment ensures that when a fisheries policy authority acts alone to introduce transitional provision, it must first consult with other fisheries policy authorities to ensure joined-up policymaking.

The amendment requires fisheries policy authorities to consult other fisheries authorities when preparing a fisheries management plan if a joint fisheries statement has not already been agreed to and published. That will ensure joined-up policy making, while also ensuring that the devolution settlement across the UK is respected. A co-development process will ensure that fisheries management plans are compatible with one another and work towards the best and most effective management of our fisheries. That will prevent gaps in management, monitoring and enforcement, and protect the health of shared fish stocks if a joint fisheries statement is not already in place. Management measures that are consistent with one another across fisheries policy authorities have the best chance of being successful in replenishing declining fish stocks.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The amendment would place a duty on a fisheries policy authority to consult other fisheries policy authorities if it is preparing a fisheries management plan ahead of the joint fisheries statement being published. Part 3 of schedule 1 already sets out the broad consultation and publication obligations placed on the authority in these circumstances. They must consult interested persons, who may well be other fisheries policy authorities, but it might not always be an appropriate or worthwhile use of resources for a fisheries policy authority to consult all its equivalents on plans that may be located far from the jurisdiction of another authority. The existing schedule 1 has been drafted to give that flexibility.

Fisheries policy authorities will be sighted on the proposed fisheries management plan, since those plans will be listed in the joint fisheries statement. Our fisheries White Paper also makes clear our intention to work in much closer partnership with industry. We are beginning to do so as we develop the pilot fisheries management plans with, for example, the shellfish industry and with Seafish on plans for crabs, lobster and whelks. I therefore ask that the amendment be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 9 ordered to stand part of the Bill.

Clause 10

Effect of fisheries statements and fisheries management plans

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause makes clear that the relevant fisheries authorities will be legally bound by the fisheries statements and fisheries management plans when exercising their functions. The UK fisheries administrations and the Marine Maritime Organisation are national fisheries authorities for the purposes of the clause. These fisheries authorities must act in accordance with the policies in the statement, unless a relevant change in circumstance indicates otherwise.

If there is a relevant change in circumstance, the authority may need to diverge from the policies set out in the statement for the fisheries management plans. That could, for example, be to ensure flexible management measures are implemented in the event of a really sudden decline in a stock, or it could be because new evidence suggests that a different approach to managing a stock should be taken. A non-exclusive list of examples of changes in circumstances is included in subsection (4). If that happens, the authority must prepare and publish a document to explain its action and the relevant change of circumstances that led to its decision to follow an alternative course of action.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clause 11

Reports on fisheries statements and fisheries management plans

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 70, in clause 11, page 10, line 25, at end insert—

‘(b) any other person whom the Secretary of State deems appropriate.’

This amendment adds a requirement for the Secretary of State to consult with any other person they deem appropriate, as well as devolved Ministers.

Over the last few months I have spoken to many people who are passionate about the management of our UK fishing industry, from environmentalists to industry representatives, and I feel it is important that they get a voice and a chance to contribute to any reports made on the extent to which policies have achieved the fisheries objectives set out in clause 1. The amendment simply gives the Secretary of State powers to consult qualified fishing experts, which would give a say to those who know the industry best and have its best intentions at heart.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The amendment seeks to require the Secretary of State to consult any appropriate person when preparing a report on an SSFS. It is of course important to ensure that we have sufficient evidence and data to establish the extent to which policies have been successful, but the amendment is not needed to achieve that. DEFRA already collects information from a wide range of sources, including scientific bodies, regulators, statutory advisers and industry in preparing its reports and we are committed to using robust evidence in all areas related to fisheries.

We would of course seek to follow a similar evidence-based approach to developing a report under the clause, including engaging with the fishing industry and non-governmental organisations. Any report on an SSFS must also be published and laid before Parliament, which would provide us with an opportunity for scrutiny.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The hon. Gentleman, you, Sir Charles, and I all share an interest and understanding of the importance of recreational fishing to the fishing sector. I assure him that, where appropriate—it might not always be appropriate—the recreational fishing community will be included in any consultation necessary under the SSFS. As a consequence, it is not necessary to legislate for what is already our standard way of working, so I ask the hon. Member for Barnsley East to withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 11 ordered to stand part of the Bill.

Schedule 1 agreed to.

Ordered, That further consideration be now adjourned. —(James Morris.)

Fisheries Bill [ Lords ] (First sitting)

Stephanie Peacock Excerpts
Committee stage
Tuesday 8th September 2020

(3 years, 7 months ago)

Public Bill Committees
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 8 September 2020 - (8 Sep 2020)
Victoria Prentis Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
- Hansard - - - Excerpts

It is a real pleasure to serve under your chairmanship, Mr McCabe, and to speak to this important Bill. I hear what the hon. Member for Plymouth, Sutton and Devonport says about Labour’s support for the Bill, and I am grateful for the genuinely consensual way in which Labour and Conservative Members normally work on fisheries. Those negotiating on our behalf with the EU hear how this House speaks as one on fisheries, as we did very strongly on Second Reading. We are all determined to get the very best for our fishermen.

It is fair to say, as the hon. Gentleman did, that the previous Committee worked hard to improve the Bill. Those improvements and those made in the other place are reflected in the Bill before us today. I am grateful to all the people who worked so hard to bring it to its current incarnation.

The blanket requirement that amendment 61 would place on all authorities is not appropriate. It is for the fisheries administrations to determine appropriate policies for meeting the objectives set out in the Bill. Public authorities already have relevant duties under a vast amount of other legislation. A statutory body’s objectives and duties will be set out in primary legislation. Inshore fisheries conservation authorities already have a duty under the Marine and Coastal Access Act 2009 to seek to ensure that the,

“exploitation of sea fisheries resources”,

is carried out in a sustainable way. Under that Act, the Secretary of State may give guidance to an IFCA on how it performs the duty, and the IFCA must of course have regard to such guidance. I am worried that the amendment could dilute the accountability of fisheries policy authorities, as clearly established in the Bill, by dividing responsibility for the objectives more broadly across a wide range of public authorities, which might lead to divergent approaches.

A similar argument applies to amendment 62. The Bill already contains a robust framework of reporting and review requirements that will provide sufficient information to inform and drive progress against the fisheries objectives. Clause 11(1) states that the fisheries policy authorities must, every three years, prepare and publish a report on the extent to which the policies set out have been implemented. Clause 11(2) requires the report under subsection (1) to include the extent to which the policies contained in a relevant fisheries management plan have been implemented and how they have affected stocks.

Bearing in mind the number of objectives, we strongly believe that an annual reporting requirement would place a disproportionate burden on fisheries managers and the industry for not a great deal of gain. Not enough would have changed in a year, and the report might have little value. It would divert needed resource away from direct fisheries management, reduce the authorities’ ability to move towards co-management with the industry, and potentially hamper the deliverability of the eight objectives.

There is of course nothing to prevent a parliamentary debate—a Government debate, an Opposition day debate or a Back-Bench debate—from taking place if that were considered appropriate as an annual event, or more frequently. I for one am always happy to talk about fisheries policies in Parliament and I am sure that the hon. Member for Plymouth, Sutton and Devonport is, too. However, that does not change my view of this amendment, and I therefore ask him to withdraw it.

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
- Hansard - -

I hear what the Minister says about how we have all sorts of options, including as Back Benchers. Is not the point, though, that we can have lots of debates on this issue but they are not legally binding and will not compel the Government? It is just nice for us to talk about it. The point that the amendment is making is about the need for a legal requirement for the Government to follow.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

For the reasons that I have set out, I believe that the reporting requirements that need to be legally binding and are in the Bill are more than sufficient, but I am not in any way denigrating the idea that we might want to talk about fisheries far more often.

--- Later in debate ---
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

In answer to one of my written questions, yesterday the Government said that by the end of 2020, of the 67% of total allowable catches set at maximum sustainable yield, only 54 stocks will reach that. That basically means that a third of fish stocks at maximum sustainable yield will not be sustainable. Will the Minister comment on the fact that a whole third is not meeting that?

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I think the hon. Lady is possibly slightly unaware that we do not currently have good data for many stocks. We fish, we think, just over 100 stocks—we have 100 stocks available to us to fish in the UK, and we are very fortunate to have a very wide, mixed fishery—but we simply cannot say whether we are meeting MSY because we do not have the data available. That is why it is so important that we do the work where we need to, such as in Dogger Bank, to find out what is happening.

I can answer the hon. Lady more fully as we go through the Bill; we have a whole section on MSY coming up. I know it was not the intention that this amendment, inserted in the other place, should cause difficulties by introducing a hierarchy into the set of interlinked objectives, but I feel that returning clause 1 to its original balance is the best outcome for the environment, our fisheries and our coastal communities.

Amendment 74 would extend the scope of the Bill to the management of fish and aquaculture activities in freshwater ecosystems. Freshwater ecosystems are already managed through a comprehensive suite of legislation, which emanates mostly from the EU water framework directive. The Environment Agency regulates inland waters under the Environment Act 1995. Freshwater fisheries are also regulated under the Salmon and Freshwater Fisheries Act 1975. There are, of course, specific challenges to managing freshwater ecosystems, most of which are unrelated to fishing or angling—for example, those relating to water quality or obstructions in sluices. We are further strengthening our regulation of such issues through both the Agriculture and Environment Bills.

This Bill has been developed to put in place a new sea fisheries management regime and clearly focuses on the marine environment. We recognise that the term “marine and aquatic” is used elsewhere in the Bill where appropriate; we want there to be no doubt, for example, over the scope of an administration’s powers to make grants in relation to inland as well as marine activities. However, this Bill’s core purpose is managing marine and coastal fisheries, and that is why we do not feel that this is a helpful amendment.

Amendment 75 is also well intentioned, but we feel it would have significant unforeseen impacts, which could lead to stopping a great deal of fishing activity and damaging our coastal communities as a result. Requiring our fisheries and aquaculture sector to reverse all the negative impacts of their activities on marine ecosystems, as proposed in the amendment, would simply render many fishing activities impossible.

On amendment 76, we of course agree that we must protect sensitive species from incidental catches in fishing nets. The Government are committed to encouraging the fishing industry to minimise bycatch of sensitive species as much as possible, and we are developing UK plans of action for cetacean and seabird bycatch, working closely with the fishing industry and environmental groups. Our various bycatch monitoring programmes are essential to inform that work. We will be launching a broader programme of work on protected, endangered and threatened species bycatch to support a more holistic system.

However, the effect of this particular amendment would be that fisheries administrations would have to have policies that would eliminate all bycatch. While our goal is to reduce bycatch to as close to zero as possible, in some situations complete elimination of bycatch will not be possible and some sensitive species will inevitably be caught. The wording that bycatch should be,

“minimised and, where possible, eliminated”,

reflects this intention and ensures that our objective is ambitious but achievable. It is accepted by both environmental organisations and fishermen.

Turning to amendment 77, the Government support extensive monitoring. We already have an extensive data collection programme that uses effective and innovative methods, such as underwater TV surveys. We feel this amendment is unnecessary, as the objective to collect scientific data is already included within paragraph (a) of the scientific evidence objective. It is important, as not all scientific data can be collected or used in real time. There may be a period of several weeks, or indeed months, between samples being taken from a fish on deck and the completion of the scientific processes. We agree—I know we will be discussing this issue further on another day—that the increased use of remote electronic monitoring may well help us to achieve this scientific objective, which is why we have included powers in the Bill that would allow its future roll-out, or further roll-out. Even then, given the volumes of data collected, that data may well not be checked in real time.

Turning to amendment 78, the CFP’s landing obligation, which was fully implemented last year, requires all species subject to catch limits to be landed and counted against quota, rather than discarded at sea. There are a few limited exceptions. Now that we have left the EU, the Administrations are free to develop discard policies that are tailored to the industries. However, as I have noted, even when our fishing practices are highly selective there will be instances in which this unwanted bycatch cannot be avoided entirely, given the high number of mixed fisheries in UK waters. If, for example, that catch is scientifically proven to have high survivability, it will be better for the long-term sustainability of the stock for it to be returned alive, rather than landed dead. There may be some limited instances in which there would be a high economic or safety cost to land bycatch caught unintentionally, so that is the purpose behind the “where appropriate” phrase in the Bill. I am worried that the effect of this amendment would be to undermine our future discards policy.

Amendment 79 would cause significant problems for the industry and the fisheries administrations. The management of fishing opportunities, namely quota, is inherently different from managing access to fishing waters. The equal access objective ensures that all UK fishing boats can continue to access all UK waters. By contrast, the management of quota is devolved. At the start of each fishing year, UK quotas are apportioned between the Administrations by the Secretary of State, and each Administration is then responsible for distributing those quotas to industry: the Scottish Government determine how quota is allocated to Scottish-registered vessels, and so on. Allowing equal access to fishing opportunities regardless of where vessels are licensed and registered directly conflicts with those devolved arrangements, and implies that each Administration would have to make quota available to boats managed by the other Administrations. It is unclear how that would work, and the uncertainty it would create would threaten the stability of the current quota apportionment system.

Finally, I will make a few points regarding amendment 73. The Government’s world-leading commitment to net zero, declaration of a climate emergency, and the inclusion of a climate change objective in this Bill—an improvement on the Bill, in my view—all show how seriously the Government are taking their commitments to climate change mitigation and adaption. Emissions from fishing vessels count towards national emissions, and are part of national plans to address emissions in the longer term under the Climate Change Act 2008. The unique part of the Bill’s existing climate change objective is the focus on mitigating the adverse effect of all fish and aquaculture activities. While part of that mitigation is through decarbonisation, it is important to emphasise that many other potential impacts need to be mitigated, such as impacts on the health of marine habitats that impair their ability to store carbon. I am concerned that the amended wording would limit our options on developing policies for mitigation only through decarbonisation and port improvements.

Fishing activity is already part of the Government’s commitment to net zero by 2050. The UK takes its international obligations very seriously, as underlined in the fisheries White Paper. We believe that it would be inappropriate to include in the Bill references to some, but not all, of our international commitments in this area. We feel this amendment is unnecessary, as it restates existing obligations and commitments of the UK under international law. I hope that the Opposition will feel able to support Government amendment 1, and will not press their remaining amendments.

--- Later in debate ---
Taiwo Owatemi Portrait Taiwo Owatemi (Coventry North West) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr McCabe. I will speak in support of amendments 75 to 78. Amendments 75 and 76 aim to protect the ecosystem of our marine environment by mitigating the catchment of sensitive species. It is therefore right that amendment 77 allows for better monitoring and enforcement of fishers.

The absence of historical data on catches means that there is no way to gauge how much illegal discarding is taking place in our seas. There has been no way to manage or mitigate overfishing. By ensuring realtime scientific data collection we can go a long way in attempting to protect over-exploited species and the ecosystem of our seas and to better ensure that fishers are more mindful of their catches. Amendment 78 provides much-needed assurance in the Bill that we can account for what is being fished, when and by whom—again, preventing the scourge of overfishing. All of that can only benefit our coastal communities.

Turning to the benefits of putting sustainability at the heart of the Bill, as the Lords amendments made clear, last year just 59% of the UK’s fish stocks were fished at or below the sustainable level, down 10% from the previous year. We need sustainable fisheries management to stop overfishing and to safeguard the UK fishing industry’s survival. Environmental sustainability, as proposed by the successful amendments in the Lords, which the Government now seek to reverse, is crucial for the survival of our coastal communities post covid-19.

With seafood export markets hit hard, fishing businesses face huge financial hardship. The hospitality and restaurant sectors closing, and supermarkets closing fish counters, has led to a drastic dip in demand, with fishing markets struggling to continue. The sustainability amendment and other amendments tabled to this clause provide long-awaited relief to coastal communities struggling under the weight of the coronavirus and buckling under the financial hardship imposed upon them as lockdown eases.

Opposition amendments to clause 1 will ensure economic, social and employment benefits to coastal areas across the United Kingdom and will contribute to the availability of fish supplies, which in turn will rejuvenate the staggering tourism and hospitality market in those areas. The Fisheries Bill must and can do more for the UK’s fishing community and associated markets.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I would like to add my objections to the Government’s decision to remove the sustainability objective as the Fisheries Bill’s main objective. I will speak briefly and focus on Government amendment 1. Healthy fish stocks have been proven to create a more resilient and productive marine environment and ecosystem, which leads to increased long-term catches and greater industry profits. For the sake of our coastal communities, which rely on the UK fishing industry and the thousands of jobs that it creates, not just on the boats but in processing, logistics and food services, we must ensure that sustainability is at the heart of our fishing policy.

I am concerned that the Government are paying lip service to their election promise, as set out in their manifesto, to

“a legal commitment to fish sustainability”.

The Lords amendment put a lens of environmental sustainability over all fisheries management decisions. It required fisheries authorities to consider and demonstrate the impact of their decisions on environmental sustainability, in both the short and long term.

I would like to make it clear that the Lords Bill still granted authorities a degree of flexibility. They could still opt out of the joint fisheries statements in certain circumstances. I refer the Committee to clause 7, which we will come on to later. It states that authorities can amend or replace joint fisheries statements if they can show that there has been a change in circumstances relating to

“available evidence relating to the social, economic or environmental elements of sustainable development.”

The sustainability objective, before it was limited by the Conservative Government, simply required fisheries authorities to put an environmental lens across all decisions, demonstrating that they had put in place provisions intended to avoid any compromising of environmental sustainability in the long and short term. It would have incentivised best practice and ended the type of short-term decision making that we have seen in recent years, whereby, as has been said already today, just for this year quotas are set above scientifically recommended sustainable levels to address short-term economic concerns.

The Government have so far failed to make progress in terms of sustainable fishing, barely scratching the surface of what is needed to achieve environmental targets. Right now, the UK cannot meet 11 of the 15 indicators of marine health that were set out in its marine strategy, and the recent review of the strategy concluded that the 2020 target for good environmental status

“may not be achieved for many years unless there are further improvements to fisheries management measures”.

If we want to protect both our marine environment and the long-term sustainability of our fishing industry—in many ways the two go hand in hand—we cannot stay with the status quo. The Government need to act. Putting sustainability at the heart of the Bill would have meant that we could start to redress the balance towards restoring the health of our fish stocks and helping our marine environment to recover. We should have taken this opportunity to strengthen the Bill and change the way we manage our fisheries going forward, to the benefit of both the industry and the marine environment. Labour Members are disappointed that instead the Government have shown their disregard for environmental sustainability and the health of our seas, the marine environment and our fishing industry.

Amendment 73 sets out the net zero target about which my hon. Friend the Member for Plymouth, Sutton and Devonport has already spoken. It would have placed a requirement on fisheries authorities to ensure that

“fish and aquaculture activities achieve net zero carbon emissions by 2030”.

That is particularly important in the context of the UK’s environmental sustainability targets, which the Government have already committed to. We need action on all fronts and across all industries to deal with the climate and nature emergency.

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - - - Excerpts

The hon. Lady is talking about emissions targets, which are very laudable, but would we not be applying a much stronger emissions reduction approach to fishing than to any other sector, including energy, transport, agriculture and housing? Why should the fishing industry bear the brunt? It is a genuine question; I am not trying to trip her up. It seems that this amendment would apply a much higher standard to fishing than to any other sector.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I take the hon. Gentleman’s point and I do not believe that the brunt should fall on the fishing industry. This is an issue that every sector of society and the economy has got to deal with. It does not make sense not to seize the opportunity that the Bill presents to ensure that our fishing industry can lead the charge in terms of net zero. We could be pioneers and lead the way for other countries to follow in our footsteps. We could improve the environmental performance of our fishing ports, promoting decarbonisation and phasing out fossil fuels. The end of the CFP and the passage of the Bill through Parliament does represent an opportunity to be bold and ambitious, and now is the time for meaningful change to promote the sort of greener economy that benefits both people and our environment.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I agree, in fact, with a great deal of what is being said. I reiterate that the Government are absolutely committed to leaving the natural environment in a better state than we found it in. There is no watering down of our commitments to sustainability, which are clearly stated in the Bill in the first objective in clause 1. However, I do not feel that the amendment helps to take this further. I am worried that putting the primacy of sustainability in the Bill might—inadvertently, I am sure—cause unnecessary suffering to coastal communities.

To focus on the MSY issue for a moment, I am not going to stand here and suggest that the current position is one we should be proud of. We have undoubtedly made progress on fishing at MSY. We are now fishing at about 67% of MSY. In 1990, we were fishing at 10% of sustainable stocks, so there is no doubt that we are where we want to be, although we are moving slowly in the right direction.

The Government hope that the fisheries management plan, set out in the Bill, will work locally and holistically to make the situation much better, fast, as we must do. However, I am concerned that if we put in the clause which makes the sustainability objective prime, there will be some really serious unintended consequences for coastal communities.

I will give three examples on MSY in particular. If we followed the zero TAC advice for whiting in the Irish Sea, it could close the nephrops fishery that has critical economic importance for Northern Ireland, where landings averaged about 15 million a year over the past five years. Another example, following the zero-catch advice on plaice in the Celtic Sea would close the very valuable anglerfish and megrim fishery and could displace those boats into a more intensely fished area elsewhere, which could also displace even worse environmental harm. Out at Rockall, latterly, there is a very low quota for cod, although the quality of the scientific advice there has been questioned. Following the advice on cod would close the valuable haddock fishery that might itself be taking some of the pressures off the fishery in the North Sea.

I have been asked repeatedly by Opposition Members for further clarity on the plan. I refer them politely to the fisheries White Paper 2018. Our Secretary of State is particularly proud of this document, having worked on it a great deal himself. It sets out very clearly the direction of travel that the Government are determined to follow as we leave the common fisheries policy and are able to take further steps. We are committed to environmental sustainability, and I hope that working together when this great Bill becomes law we will be able to move forward much more quickly than in the past.

I turn briefly to some of the points raised by the hon. Member for Plymouth, Sutton and Devonport. I remind him that, while this is a framework Bill and touches all areas, it does not, in fact, deal with the Benyon review or some of the specifics that he mentioned. However, I do want to be as helpful as possible. The Benyon review was pushed out on World Oceans Day, which seemed an appropriate time, despite the pandemic. It is important that we get on with this important work. The Government are considering their response at the moment. I think it would be wrong and that this is not the place to go much further than that, but I am happy to take this up with the hon. Gentleman outside the Bill as soon as he likes. We are in a great deal of communication on this at the moment, and a lot of work is being done.

On decarbonising the fleet—I am glad he enjoys Fishing News as much as I do—fishing accounts for about 10% of the domestic shipping CO2 emissions. I am not in any way downplaying that significant amount. The grant-making powers in the Bill could well be used to give grants which would encourage vessels to move to more sustainable types of fuel.

Fisheries Bill [ Lords ] (Fourth sitting)

Stephanie Peacock Excerpts
Committee stage
Thursday 10th September 2020

(3 years, 7 months ago)

Public Bill Committees
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 10 September 2020 - (10 Sep 2020)
Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I think what we are all learning, Sir Charles, is the extraordinarily complex and interrelated nature of the legislation in this area. I am sure we can always continue to improve on it, but I am very proud of the Bill.

The schedule amends UK legislation in consequence of the access and licensing provisions introduced in the Bill. The matters covered are access to British fisheries by foreign fishing boats, the licensing of British fishing boats and transitional provisions. In particular, section 2 of the Fishery Limits Act 1976, which sets out the current law on access by foreign boats, is repealed, as is the secondary legislation made under that section.

Question put and agreed to.

Schedule 4, as amended, accordingly agreed to.

Clause 24

Power of Secretary of State to determine fishing opportunities

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
- Hansard - -

I beg to move amendment 111, in clause 24, page 16, line 14, leave out “may determine” and insert “must determine”.

This amendment makes it compulsory for the Secretary of State to make a determination relating to fishing opportunities.

Labour’s amendments to clause 24 relate to the Secretary of State’s function of setting the maximum quantity of sea fish that may be caught by fishing boats, both British and foreign, and the days that they may spend at sea during a specified period. Further to the argument made by my hon. Friend the Member for Plymouth, Sutton and Devonport, this amendment seeks to make that an affirmative rather than a negative process.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The current drafting of clause 24 gives a statutory power to the Secretary of State to determine UK fishing opportunities. The power may be exercised only where necessary to comply with the UK’s international obligations. Although most determinations are likely to be made to implement any obligations resulting from negotiations with other states, the Secretary of State could also make a determination to implement the UK’s sustainable fishing duties under international law. A determination may cover fishing effort as well as quota.

Amending the power would make the scope of the Secretary of State’s function uncertain. If it became obligatory to make a determination, would that duty apply to non-quota stocks or to stocks that are wholly located within devolved areas? I am concerned that my colleagues in the devolved Administrations would not welcome that. I assure the hon. Lady that, through the Fisheries Bill, there will be greater transparency of how we manage and allocate quota in the UK through the publication of the Secretary of State’s determination of UK fishing opportunities, which will be laid before Parliament. Given that explanation, I ask that the amendment be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 113, in clause 24, page 16, leave out lines 16 to 19 and insert—

“(a) the maximum quantity of sea fish that may be caught by British fishing boats or foreign fishing boats holding rights to use the British catch quota;

(b) the maximum number of days that British fishing boats or foreign fishing boats holding rights to use the British catch quota may spend at sea.”

This amendment would add foreign fishing boats to the determination made by the Secretary of State of the maximum quantity of sea fish caught, or of the maximum number of days at sea.

I believe that the amendment brings us one step closer to taking back control of our waters. We should have control over what non-UK boats do in our waters, including how much fish they can catch. As hon. Members know from our lengthy discussions on these matters, the Opposition are keen to ensure that the sustainability of our environment and our fish stocks are fundamental to fisheries management, and that our small British fishers and their coastal communities see the greatest possible benefit from fishing opportunities and redistributed quotas.

The amendment would add foreign fishing boats to the determination made by the Secretary of State for the maximum quantity of sea fish that can be caught and the maximum number of days that can be spent at sea. It seeks to ensure that foreign fishing vessels are not exempt from the Secretary of State’s jurisdiction. In our efforts to ensure that we have a sustainable and growing UK fishing industry, the British Government should be able to set limits for all boats operating in our waters to protect UK fish stocks and ensure the survival of our UK fishing industry.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

We do not think that this amendment is necessary, as foreign fishing boats do not hold any rights to use British catch or effort quota. UK quota is allocated only to vessels registered and licensed in the UK. It is, of course, true that the ultimate beneficial owners of some UK fishing businesses are foreign. This is because UK fishing companies and their assets can be bought and sold like any other company in any other industry, but no foreign-registered fishing boat has the right to use our quota, nor will they in future. Any foreign fishing boat permitted to fish in UK waters in future would fish against its own state’s quota. Given that the amendment would not be effective in practice, I ask that it be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 114, in clause 24, page 16, line 19, at end insert—

“(1A) No determination of effort quota under subsection (1)(b) may be made until the completion of a trial for the relevant area of sea, stocks fished, fishing methods used, documentation methods used and any other relevant considerations that demonstrates that there is no evidence that such a determination—

(a) might cause a detriment to the achievement of any of the fisheries objectives;

(b) might cause the maximum sustainable yield of any stock to be exceeded;

(c) might reduce the accuracy of the recording of catches;

(d) might increase the risk of danger to the crew of fishing boats.”

This amendment would prevent the Secretary of State making a determination of effort quota until it has been shown not to cause adverse impacts through a days at sea trial.

Amendment 114 would require the Secretary of State to commit to a days at sea trial to ensure the effort quota is not harmful to the fisheries objectives, the state of fish stocks or boat crew members. Days at sea or effort quotas should be the result of careful planning and consideration. As my hon. Friend the Member for Bristol East (Kerry McCarthy) said on Second Reading:

“Fish stocks are a finite resource, yet fishing quotas are being set above scientifically recommended sustainable levels year on year. Estimates suggest that restoring fish populations would not only safeguard our marine life, but lead to £244 million a year for the industry and create more than 5,000 jobs.”—[Official Report, 1 September 2020; Vol. 679, c. 96.]

I cannot stress enough the need for quotas to closely follow scientific guidance so that fish stocks are not depleted further. With this amendment, the Opposition are calling on the Secretary of State to complete trials on

“the relevant area of sea, stocks fished, fishing methods”

and “documentation methods used” before making a determination of fishing opportunities. This would ensure that effort quotas do not negatively impact the achievement of any of the fisheries objectives under clause 1 of the Bill, exceed the maximum sustainable yield of any stocks, reduce the accuracy of the recording of catches, or put the lives of fishers at risk. I do not believe it is too much to ask of the Government that they commit to a trial that ensures the sustainability of our stocks and the industry.

If the Minister is confident that the trial would find that an effort quota is not harmful, there is nothing to fear or oppose in having it take place, and ensuring the matter can be concluded with its findings. Conversely, if it is the case that the effort quota is harmful to the fisheries objectives, the state of the fish stocks or the boat crew members, I am sure the Minister would not want that harm to continue. As I have said, the amendment simply commits the Secretary of State to undertake a days at sea trial to ensure that we are not causing long-term harm to the industry and our fish stocks. I hope the Government will take this opportunity to do so.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

There is already a long-standing effort scheme in place for some shellfish and all demersal fish in the western waters, which will become retained UK law. To effectively manage the western waters effort regime in future, we may need the Secretary of State determination to vary effort baselines in response to the latest scientific evidence or, of course, the outcome of annual fisheries negotiations. I am concerned that the amendment would hamper our ability to improve the western waters regime. Requiring no evidence to be found seems unlikely to be achieved through the pilot, so I suggest that the effect of this amendment would be to stop the effective use of effort as a way of determining fishing opportunities in future.

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Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

As far as I am concerned, we are very keen to make the scientific evidence and the baselines that we use as good as possible. I think the hon. Gentleman is aware of the work that is carrying on in that regard. However, we do need the flexibility to respond to changing science. I am in no way denigrating the pilot schemes, which are important and ongoing. This is probably, again, not a matter for this amendment, but something that we will continue to discuss for many years.

The problem with the amendment is that it would stop the effective use of effort as a way of determining fishing opportunities. I am not saying that we do not need the science—of course we do, and we need pilots to give us that science—but I do not want this to prevent us from using a precautionary approach to fisheries management where that is appropriate.

I am concerned that the amendment would put fisheries and their management at risk up and down the country, so I expect it will be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 115, in clause 24, page 16, line 26, at end insert—

“(3A) The Secretary of State must ensure that a baseline stock assessment has been made for all non-quota species by 2030 and must report on progress on an annual basis.”

This amendment would require the Secretary of State to gather a baseline stock assessment for those stocks that are not subject to catch limits.

Amendment 115 calls for a baseline stock assessment to be made for all non-quota species by 2030, and requires an annual report on progress. I believe the amendment is vital to ensuring the environmental and economic sustainability of our non-quota fish stocks. As I hope we all acknowledge, the absence of comprehensive data, even on quota species, has led to considerable issues that could threaten the long-term future of the industry and the marine environment itself. Overfishing is only one of the problems caused.

To ensure that the objectives in the Bill are met, the amendment calls for a baseline stock assessment to be made for all non-quota species by 2030 and an annual report on progress.

Katherine Fletcher Portrait Katherine Fletcher (South Ribble) (Con)
- Hansard - - - Excerpts

The hon. Lady is talking about a specific point in the trophic pyramid of the ecosystem. She is asking for an assessment of all non-stock species, but is that down to the nudibranchs on the rocks? I can see certain practical challenges with that, even though it is just fish.

Katherine Fletcher Portrait Katherine Fletcher
- Hansard - - - Excerpts

Okay. The trophic pyramid does not allow—just because it has a backbone—for it to be at that point in the ecosystem because it is called a fish in biology. I wonder whether there are unintended consequences of the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

We hope that there will not be unintended consequences, but the amendment speaks to those fish that we actually go out and fish. I hope that clarifies the point.

As such, it seems that baseline stock assessments and annual reporting of progress on this matter are essential if we are to ensure that informed decisions can be made to protect the future of all non-quota species and the fishers who catch them. We know that many of these species are under great pressure. A deficiency in the data can be an excuse for fishing unsustainably. We cannot allow ourselves to plead ignorance, when the important step within this amendment has the potential to prevent such mistakes being made, which we know would be an environmental and economic disaster for the communities that rely on our fish stocks.

None Portrait The Chair
- Hansard -

Is it your pleasure that the amendment be withdrawn? Sorry, I call the Minister. I am sure it would be the Minister’s pleasure for the amendment to be withdrawn.

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Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I will withdraw it.

None Portrait The Chair
- Hansard -

We got there in the end. I do apologise.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 116, in clause 24, page 16, line 43, at end insert—

“(7A) The Secretary of State may also determine, for such year or other period as may be specified in the determination, the maximum number of different descriptions of sea fish that may be caught, tagged and released, for the purposes of gathering data to aid scientific study, by those engaged in recreational fishing.”

This amendment would give the Secretary of State the power to determine a ‘catch, tag and release’ quota for recreational fishing for the purposes of gathering data to aid scientific study.

As outlined with reference to amendment 115, the absence of comprehensive data on our fish stocks inhibits our ability to ensure that we manage our fisheries in a way that is environmentally and economically sustainable. Amendment 116 would give the Secretary of State the power to determine a catch, tag and release quota for our recreational fishers. On Second Reading, my hon. Friend the Member for Canterbury, who is serving on the Committee, referred to each fishing boat as a “floating science laboratory”. I could not agree more. Fishers are, absolutely, experts in their industry. We must not ignore their knowledge and ability to gather data. In fact, I would argue that they should have a much bigger role in the formation of policy decisions, because they bring to the table not only expertise but an unparalleled passion for ensuring the future survival of the UK fishing industry.

In bringing recreational fishers into much-needed work gathering data on our fish stocks, the amendment would provide the Secretary of State with the opportunity to allow recreational fishers to assist in the gathering of data on the state of our fish stocks and help scientists to provide up-to-date information and advice to fisheries authorities. In doing so, the Secretary of State would be providing a boost to recreational fishing, while allowing it to play its role in ensuring the sustainability of our fish stocks and better fisheries management for our commercial operators.

Since 2015, huge Atlantic bluefin tuna have appeared late each summer in UK waters. That is an exciting new development for UK fishers. Until the 1950s, we had a thriving recreational bluefin tuna fishery that operated out of Whitby and Scarborough. In the early 1960s, however, those fish disappeared completely from the far north-east Atlantic. That was down to a combination of factors, including long-time climatic cycle shifts and commercial overfishing of their prey species. But as of five years ago, long-term climatic cycles and recovery efforts had helped the Atlantic bluefin to become once again a regular seasonal visitor to our waters. Recreational fishers could take part in its global stock recovery programme. No longer do they have to travel to faraway places to fish that big game fish. Instead, catch and release would enable recreational fishers to aid scientific data gathering on non-quota species that are starting to be found in UK waters.

We have a real opportunity here to create world-class, sustainable and valuable live-release recreational fisheries. The amendment is not just about protecting fish stocks for environmental and conservationist reasons, although that is important. It is about the future prosperity of our fishers and coastal communities, whom we want to see grow in the long as well as the short term.

None Portrait The Chair
- Hansard -

My alertness just improved during the discussion of this amendment. I am so sad that I cannot involve myself in this debate.

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Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I could not have put it better myself.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 112, in clause 24, page 17, line 8, leave out “negative” and insert “affirmative”.

This amendment would make the relevant regulations subject to the affirmative procedure.

The amendment would make the regulations subject to the affirmative procedure. On the first day of the Committee, I spoke at length about the need for more parliamentary scrutiny. Since 2013, no significant progress has been made towards achieving maximum sustainable yield figures, which have languished at about 57% to 68% of stocks fished sustainably in the last seven years.

The powers granted under clause 24(10) give the Secretary of State the power to determine the number of days in a specified period that a boat may spend at sea. Regulations under that power will be affected by the varying technical conditions—from the stowing of fishing gear to entering the UK’s inshore waters or leaving a port—that may affect when a boat should be regarded as fishing. The calculation of what is meant by “a day at sea” is highly technical, so I firmly believe that we need more parliamentary scrutiny to ensure that effort quotas do not exceed scientific advice and damage the sustainability of our fish stocks.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The Government consider that we have struck the right balance between the need for parliamentary scrutiny and the need to react quickly, with secondary legislation, to make what are often technical amendments. The Delegated Powers and Regulatory Reform Committee considered the procedures for the delegated powers in the Bill, and said:

“Of the Bill’s 15 delegated powers that have a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so.”

That Committee also published a report about the Bill on 26 February, and it did not change its views. It should also be noted that an identical amendment was debated and withdrawn in the other place. I therefore invite the hon. Lady to withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause provides the Secretary of State with the power to determine the UK’s fishing opportunities, to comply with its international obligations. The Secretary of State will be able to set the maximum amount of seafish that may be caught by British fishing boats and the maximum number of days that they can spend at sea. The power would be used to set the level of total allowable catch for UK shared stocks, reflecting anything that we manage to negotiate. It could also be used to ensure our compliance with article 61 of the United Nations convention on the law of the sea.

The power relates therefore to the high-level function of determining UK fishing opportunities as a whole; it does not relate to the subsequent allocation of those opportunities to the different fisheries administrations, or indeed to their distribution to industry. Under the clause, the Secretary of State would also have the power to make negative resolution regulations about when time will be counted as time at sea for the purposes of the determination.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Duties relating to a determination of fishing opportunities

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 117, in clause 25, page 17, line 19, at end insert—

“(e) the public.”

This amendment would require the Secretary of State to conduct a public consultation prior to making or withdrawing a determination under section 24.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss amendment 118, in clause 25, page 17, line 24, at end insert—

“and stating what published scientific advice was used as the basis of the decision,”

This amendment would require the Secretary of State to state what scientific advice was used when making or withdrawing a determination under section 24.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I will speak to both amendments. Amendment 117 calls for public consultation prior to the Secretary of State making or withdrawing a determination of fishing opportunities under clause 24. Members on both sides of the House have mentioned that we need to restore public trust in fisheries management decisions and policy. For too long, the British public have had little say in what happens, with decisions made behind closed doors in Brussels. The feeling that decisions that affected the public were made by people far away who knew little about their lives and were not willing to listen has been incredibly powerful, and the frustration that that democratic deficit causes is real.

A public consultation would give the public, and particularly our coastal communities, a say in the fishing opportunities in UK waters. It would show that the Government want to give the public an opportunity to have their say and that they are committed to listening.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The hon. Lady talks about a democratic deficit, but do not many Members of Parliament represent coastal ports, and indeed are there not councillors on the inshore fisheries and conservation authorities? Do not we already have quite strong democratic accountability for the fishing industry and environmental concerns within Parliament and local authorities?

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I am grateful to the right hon. Gentleman, who speaks with great authority on the subject. I guess that that argument could be applied to pretty much any public consultation. The idea of the amendment is that although, of course, people can come to their local MPs, who can make the case for them, they would be able to feed in directly on the specifics of fishing opportunities.

A public consultation would also, I believe, bring to light the current inequalities in the UK fishing fleet and give the public an opportunity to have their say on how to address bringing back prosperity to coastal communities. It would also give people the opportunity to ensure that the Government and fisheries authorities stay true to the objectives outlined in clause 1—most importantly, the sustainability objective. The British public are increasingly concerned about the climate emergency and the efforts being made to protect our environment. If we are to restore the confidence of the public that the British Government are in complete control not only of our maritime future, but of the conservation and protection of our marine environment, we must involve them in our fisheries management decisions. I believe we should give them a voice, and commit to listening.

Amendment 118 would require the Secretary of State to state what scientific advice was used when making or withdrawing a determination under clause 24. As discussed earlier, the scientific evidence objective requires fisheries authorities to draw on

“the best available scientific advice”

in making their decisions. The Opposition have argued that only that evidence will lead to world-leading sustainable fisheries management.

For the purposes of accountability and effective scrutiny, it seems clear that when making such determinations under clause 24 the Secretary of State should identify the scientific evidence on which the decisions are based. Such decisions by the Secretary of State will have significant impacts on operators and coastal communities, and I do not believe that it would be improper for the Secretary of State to confirm the scientific basis of a decision.

Independent peer-reviewed science must form the basis of all fisheries management decisions. Sadly, we live a world where a minority scientific opinion—the opinion of those who deny the existence of a climate crisis, for example—can cast doubt on the majority of scientific data and advice. It is important that we know who the Government are turning to when they determine the allocation of fishing opportunities under clause 24.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

We are concerned about the practical implications of the amendment, as it could result in an unacceptable loss of time in getting access to fishing opportunities at the start of the calendar year. If public consultation were required it would have to take place after international negotiations, which could cause a significant delay. Fishermen would not be able to fish, because they would still be waiting for confirmation of quotas. For fisheries that operate primarily in the early part of the year, such as the mackerel fishery, that could be serious.

It is unclear what benefit public consultation at that stage would bring. The scientific advice, which the hon. Lady is right to mention as important, and which informs negotiation and quota setting, would have been published by the International Council for the Exploration of the Sea some months earlier. Discussions with industry and other stakeholders about quota setting would ordinarily take place in advance of negotiations, not afterwards.

Turning to amendment 118, the advice on the health and sustainability of fish stocks is already publicly available and is published each year. It is good international advice on the health of fish stocks and total allowable catches each year, and is available to all those who are interested in it. I am afraid I do not see what benefit the two amendments will bring, and I therefore ask that neither be pressed to a vote.

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Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 25 ordered to stand part of the Bill.

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Distribution of fishing opportunities
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 119, in clause 26, page 17, leave out line 38.

This amendment would remove historical catch levels as a basis for distributing catch quotas and effort quotas.

Amendment 119 removes historical catch as a basis for allocating quotas. National authorities would no longer consider historical catch levels when distributing catch and effort quotas to fishing boats. Instead, they would prioritise environmental and local economic criteria. Removing historical catch levels as a criterion would help to end the unfair arrangement that British fishers suffered under the common fisheries policy.

This new system under which quotas are distributed on the basis of environmental and local economic criteria is likely to benefit small-scale sustainable fishers who belong to the UK small fishing fleet, because smaller boats provide more job opportunities to local communities. For every fish caught, small-scale fleets create far more jobs than their larger counterparts. In 2016, they landed 11% of fish by value in the UK but employed nearly half of all fishers. They are also better for the environment.

We have already discussed the impact of destructive fishing methods, including pulse beam trawling, which cause huge damage to the UK marine environments and ecosystems. In contrast to supertrawlers and larger boats, the vast majority of boats within the small-scale fleet use passive gears, which are more environmentally friendly. By removing historical catch from the list of criteria that a national authority must consider when allocating fishing opportunities, we would send a message to smaller boats that we believe in their economic potential and recognise the positive impact of job opportunities in coastal communities and the marine environments in which such boats operate.

I am aware that some colleagues will be concerned about the legality of removing historical catch as a basis for allocating quotas, but I reassure them that a challenge to a new system of quota allocation enshrined in an Act of Parliament would be unlikely to succeed. I have been assured that the new scenario of mandating quota reallocation in UK law would be compatible with domestic and international law.

Under this new approach, foreign-owned companies that control UK quota would have to work to keep it on the UK’s terms. They would have to fulfil the environmental and local economic criteria, demonstrating their commitment to sustainability and local employment. Our smaller fishing fleets remain the backbone of coastal communities across the country. It is time that they got their fair share of fishing opportunities.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

In Committee earlier this week, I explained that although fixed quota allocation units do not represent a permanent right to quotas, the High Court has recognised them as a property right, and it is not the Government’s intention to undermine the legal status of the existing quota regime at this stage. I therefore ask that the amendment be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 120, in clause 26, page 17, line 44, at end insert—

“(3A) When distributing English fishing opportunities, the Secretary of State may redistribute any fishing opportunities made available before IP completion day, and any such distribution and redistribution must be carried out according to social, environmental and local economic criteria following national and regional consultation from relevant stakeholder advisory groups, including representative groups from across the fishing fleet, scientists, and environmental groups.”

This amendment would allow the redistribution of existing fishing opportunities in England and would mean that such distribution and redistribution had to be carried out in accordance with certain criteria, following consultation.

Amendment 120 would allow the redistribution of existing English fishing opportunities. I stress that Labour’s amendments to clause 26 would not leave our largest fishing boats and those that are bigger than 10 metres in a position where they could no longer operate—far from it. We are calling for a redistribution of a small proportion of opportunities to the under-10 metre fishing fleet. Even a single-digit percentage redistribution of quotas would make a monumental difference to the lives of small fishers, who have been hit particularly hard by the covid-19 pandemic. If just 1% or 2% of the total catch was reallocated, that could increase by 25% what small boats can catch.

As I outlined earlier, for every fish caught, a small-scale fleet creates more jobs than their larger counterparts do. Despite landing only a tenth of the fish by value, they employ nearly half of all fishers. Of course, as we discussed, they create far more jobs on land than at sea. These small fishers are the backbone of the British fishing fleet. The future prosperity of our coastal communities is fundamentally dependent on these small-scale fishers. A small redistribution of the quota, which is clearly within the Government’s gift, would not cause significant damage to large-scale fishers, but it would fundamentally transform the prospects of our small fishers and their coastal communities. It would give them a platform to invest in new gear and boats and to hire more crew.

Labour is not calling for the redistribution of the quota to happen immediately. A phrased drawdown period would ensure that fishers could build up their capacity to meet the new quota allowances. As my hon. Friend the Member for Plymouth, Sutton and Devonport said on Second Reading:

“Such rebalancing could easily be absorbed by the big foreign-owned boat operators within the current range of variation of total allowable catch”.—[Official Report, 1 September 2020; Vol. 679, c. 73.]

The amendment calls on the Secretary of State to consider the social, environmental and local economic criteria when distributing or redistributing existing English fishing opportunities, as well as to consult stakeholder advisory groups. As I mentioned in the debate on amendment 119, Labour believes that considering environmental and local economic criteria would benefit our small fishing fleet and, consequently, the seaside towns and villages they rely on. Amendment 120 asks the Government to grasp this opportunity to support our small English fishers and their communities.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

I rise in support of the case that has just been laid out by my colleague the shadow fisheries Minister. There is an opportunity here to support our small boat fleet and to send a message about what type of fisheries we want to have after we leave the Brexit transition period at the end of the year. I believe the British public and those in our coastal communities where fishing has a presence want to see our small boat fleet supported in particular. That is the sentiment that comes from fishers and coastal communities in Plymouth and across the south-west and, indeed, when I visited Grimsby and Hull recently. They want to see the small boats in particular benefiting.

As the Minister knows, I am sceptical about whether more fish will appear in any negotiations, and that is why, regardless of whether more fish come or not, now or later or not at all—I hope they do, through zonal attachment rather than relative stability—the ability to redistribute even a small percentage of our current quota to the benefit of our smaller fishers could have a profound and positive impact on our coastal communities. It would support our small fishers, create more jobs and, in particular, provide an economic foundation for fishers to expand the number of boats, expand the workforce and invest in our port infrastructure.

I anticipate that the Minister will be less keen on this measure. However, the sentiment that has been articulated is sound and good and would deliver on much of the promise that many of our coastal communities want to see from a revised fisheries regime.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I have absolutely no doubt that more fish will appear, or that we will be entitled to more fish at the end of this year. I absolutely agree with the sentiment of much of what the hon. Gentleman said, but I have an issue with the amendment.

The fisheries White Paper 2018 set out the Government’s policy on our existing quota—I rehearsed that point in the debate on the previous amendment. It is not our intention to undermine the legal status of the existing quota regime. We have also made it very clear, not least on Tuesday, that we will allocate additional quota differently. We will shortly consult on proposals for allocating English additional quota. I look forward to hearing from the hon. Gentleman at length when we do so.

There are some drafting issues with the amendment. For example, it is unclear what is meant by

“fishing opportunities made available before IP completion day”.

Obviously, fishing opportunities vary from year to year as stock conditions go up and down. It is unclear what is expected to be used as the baseline here. I am also concerned that the amendment seems to duplicate earlier parts of clause 26. Given that the Government have made absolutely clear that we do not intend to redistribute our existing share of FQA and that it is uncertain how the amendment would operate, I ask that it be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 82, in clause 26, page 17, line 44, at end insert—

‘(c) access for the purpose of recreational fishing, including by means of boats chartered for that purpose, to increased stock levels of recovering species.’.

This amendment would add access by recreational fishing to increased stock levels of recovering species to the list of things that national fisheries authorities must seek to incentivise when distributing catch quotas and effort quotas.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 81, in clause 35, page 23, line 44, at end insert—

‘(1A) Prior to giving financial assistance under subsection (1)(i), the Secretary of State must conduct a public consultation on how best to promote sustainable public access to recreational fishing opportunities, taking socioeconomic factors into account.

(1B) The consultation in subsection (1A) must include consideration of the use of boats that are chartered for recreational fishing.’.

This amendment would require the Secretary of State to conduct a consultation on recreational fishing prior to providing financial assistance.

New clause 2—Recreational fishing

‘(1) When any provision of this Act, including provisions inserted into other Acts by this Act, requires or permits the Secretary of State to consult with any person considered appropriate, the Secretary of State must consult with persons representing the practice of recreational fishing, including those who charter boats for the purpose of recreational fishing.

(2) The Secretary of State shall publish an annual report providing an assessment of the extent to which the provisions of this Act have—

(a) promoted recreational fishing, and

(b) had economic benefits attributable to the promotion of recreational fishing.

(3) The first report under subsection (2) shall be published no more than 12 months after this section comes into force.’

This new clause would require the Secretary of State to consult on providing financial assistance for the promotion of recreational fishing, and to include representatives of recreational fishing when conducting a consultation under any other provisions of the Bill.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

Amendments 81and 82 and new clause 2 are all about recreational fishing. Amendment 82 recognises the importance of recreational fishing to local economies across the UK and would call on national fisheries authorities to add access to recreational fishing to increase stock levels of recovering fish species in the distribution of catch and effort quotas.

As my hon. Friend the Member for Plymouth, Sutton and Devonport outlined on Second Reading, recreational fishing matters to people’s identities and it now competes economically with commercial fishing in GDP terms. In oral evidence to the Public Bill Committee for the previous iteration of the Bill, Dr Carl O’Brien said:

“In future, we need to have a better understanding of recreational fishing. We cannot ignore it, but we have to come up with a policy where you balance commercial and recreational anglers”

and that

“regardless of whether they are selling their catch, they are competing with a commercial fishery…for the western Baltic cod, the catches of the recreational anglers are far in excess of the commercial fleet.”––[Official Report, Fisheries Public Bill Committee, 6 December 2018; c. 117, Q228.]

The amendment asks the Secretary of State to consider the interests of the recreational fishing fleet alongside commercial fishing interests when distributing extra quota that has come about through the efforts to restore fish stock. New clause 2 would require the Secretary of State to consult on providing financial assistance for the promotion of recreational fishing and to include representatives of the recreational fishing industry when conducting a consultation under any of the provisions of the Bill.

As I mentioned, recreational fishing makes a huge contribution to local economies across the UK. It is an incredibly popular activity enjoyed by hundreds of thousands of people. Research recently published from surveys of sea anglers during 2016 and 2017 shows that about 800,000—1.6% of UK adults—went sea angling at least once a year, fishing for a total of 7 million days. Anglers spend on average more than £1,000 a year on their sport, resulting in sea angling having a total economic impact of between £1.5 billion and £2 billion. Sea angling supports about 15,000 jobs in the UK. It is important that we give the public and the industry an opportunity to have their say. Recreational angling and its contribution to coastal communities deserves more recognition in the Bill.

New clause 2 would ensure that the Bill supports our recreational industry. In a Committee evidence session on the previous iteration of the Bill, the Angling Trust argued that one of the great failures of the common fisheries policy was the failure to recognise recreational angling as a legitimate stakeholder in European fisheries. The new clause tries to correct that failure. As we take back control of our waters, we could do right by our sea anglers. We could recognise recreational sea angling as a direct user of, and a legitimate stakeholder in, fishing.

Amendment 81 would require the Secretary of State to conduct a consultation on recreational fishing before providing financial assistance. Clause 35 creates new powers for the Secretary of State to make grants or loans to the fishing and aquaculture industries. Labour welcomes the inclusion in the Bill of recreational fishing among the list of purposes for which the Secretary of State may give assistance. Our amendment would bring the Bill in line with new clause 2 and ensure that consultation on recreational fishing takes place prior to the provision of financial assistance.

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Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

DEFRA absolutely recognises the benefits of recreational fishing to the nation’s health and economy; I know you do too, Sir Charles. I myself enjoy sea angling, as do other members of my family.

However, I will note at the beginning of this discussion that references to “fish activities” include both commercial and recreational fishing in this iteration of the Bill. So, it is fair to say that the Bill has been improved and it is good to see those activities being viewed as equal partners in what we are trying to do.

Quota is one of several possible mechanisms that could be explored in order to increase recreational anglers’ access to fish; we talked about that earlier. Other mechanisms could include technical measures, through which recreational fishers saw a significant increase in their access to sea bass between 2019 and 2020. We can also enable anglers and fishermen to play a greater role in scientific research, as we also discussed earlier, and that has been proposed with regard to bluefin tuna.

Clause 26 relates generally to the distribution of fishing opportunities. It is not just about the distribution of quota to commercial boats. It already ensures that environmental, social and economic factors are considered. On that basis, I believe that the current wording of clause 26, combined with the other work that we are doing on recreational access to fish, is sufficient to meet the hon. Lady’s objectives.

Turning to amendment 81, DEFRA’s recreational sea fishing forum brings together the recreational sector, regulators and policy makers to shape sea fishing policy. This forum met for the third time two days ago and it is providing a really useful mechanism for those in the sector to share their ideas and evidence.

DEFRA is also committed to engaging with stakeholders on the design and implementation of any future grant scheme, to ensure that we can best meet domestic priorities as well as Government objectives. On that basis, I do not think that it is necessary to include the express consultation requirement when consulting on future grant schemes.

Turning to new clause 2, by default in the Bill all provisions apply to recreational fishing as well as to commercial fishing, unless it is explicitly specified other- wise. Given the importance of recreational fishing, the Government will include policies on recreational fishing in the joint fisheries statement. Of course, fisheries management plans can take recreational fishing into account, where appropriate.

On that basis, I believe that we have sufficient existing provisions in the Bill and I ask that the amendment be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I have heard what the Minister says. However, it is really important that we make sure that recreational fishing is seen as a valid and equal stakeholder. So I will not withdraw the amendment and I will press for a Division.

Question put, That the amendment be made.

--- Later in debate ---
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

Labour opposes the Minister’s proposal to remove clause 27, which was passed in the other place. We have not moved our amendments to the clause, given the Government’s intention to remove it, but we had hoped to encourage them and the Secretary of State to consider the impact on communities with high unemployment and on small and medium-sized enterprises when deciding fishing opportunities under clause 24 of the Bill.



We support the campaign by the Blue Marine Foundation, whose executive director said:

“The distribution of quota is long overdue for reform; it was a botched privatisation which is unfair to the majority of fishermen, who fish inshore, and has perverse environmental consequences. Now it must be unpicked.”

For too long the UK fishing quota has been dominated by huge, often foreign-owned, vessels that land their catch abroad. In May, a report by the BBC found that £160 million-worth of English quota is in the hands of vessels owned by companies based in Iceland, Spain and the Netherlands. That is more than half of the value of the English quota. The status quo needs to be changed to give smaller boats the lion’s share of the quota, and we do not need new powers to affect real change for our coastal communities. The Government have always had the power to redistribute share of the UK’s quota, but have chosen not to, despite small vessel owners facing severe financial hardship over the years.

Some 50% of the English quota is held by companies based overseas. At the same time, the small-scale fleet holds only 6%. It is a damning fact that the five largest quota holders control more than a third of the UK fishing quota. Four of them can be found on the Sunday Times rich list. It is clear that the current distribution of fishing opportunities is outdated and unfair. We should take this opportunity and the powers that we have to ensure that it is our small fishers and the UK coastal communities that benefit. If the Minister is seeking to remove the clause, how do the Government intend to deal with such inequality and give smaller fishers a fairer share of quota? The fishers who would benefit from a redistribution were some of the loudest voices during the Brexit referendum, who have long felt that their communities have been ignored. They are also the ones that have been hardest hit by the covid-19 pandemic. Many could not leave port, but their fixed costs remained the same. For some, the Government covid-19 grant came too late, and for many it was not enough to cover maintenance of their boats and port fees.

Our small fishing fleet deserves support from the Government. There has been a lot of talk about how leaving the EU is an opportunity for the UK to secure a fairer share of fishing opportunities for our own fleets. I ask that that principle of fairness is extended within our own fleets. As has already been mentioned, it would not only benefit the owners of under-10 boats, but our coastal communities, as for every fish caught the small-scale fleet creates more jobs than larger boats do. I firmly believe our UK small-scale fleet has the potential to lead the way towards the creation of a greener economy that is not only good for the environment, but creates more jobs at home.

Right now, the barriers for new entrants into the sector, and for small fishers struggling to make a living, are too high. Clause 27 would help to rejuvenate our fishing sector, encouraging more small fishers to join the industry, which, admittedly, has a relatively older profile than others, and would create more opportunities for people with exciting ideas about how to make UK fishing more sustainable, innovative and profitable. The Bill has the potential to become a vehicle for a fair redistribution of quota allocations, which would be transformational for many of England’s small fishers and their communities. Are the Government creating a system that would encourage new entrants into the sector, and redistributing fishing opportunities to the under-10 metre fleet to the benefit of not only small fishers but the communities they rely on?

I also want to probe the Minister and ask her to explain in greater detail what she has said about the proportion of quota that is already guaranteed to the under-10 metre fleet. Will the Government commit to reviewing the current allocation of quota and from here on consider the case for increasing allocations of fishing opportunities to the under-10 metre fleet on a yearly basis?

Last week the Northern Ireland Fish Producers’ Organisation gifted an extra quota to the under-10 metre fleet. This was referenced on Second Reading by the hon. Member for Strangford (Jim Shannon), who said the Northern Ireland Department of Agriculture, Environment and Rural Affairs supported this distribution to help keep the Northern Irish fleet economically viable. Will the Minister consider supporting a similar allocation to English fishers who own under-10 metre boats to help them get back on their feet after the past year of uncertainty?

The clause seeks to create a better, fairer framework of quota allocation. Better quota decisions will support our fishing industry, widening employment and making fishing an attractive career to young people. Simply put, in supporting our small fishers, we will support our coastal communities. This is a once in a generation chance to shape our fishing industry for the better. Labour Members will therefore oppose the Government’s attempt to remove clause 27.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

I rise in support of this argument and also to pick up on something that the Minister said in her remarks. She argued that it is expensive to invest in new boats and used that as a reason against the Bill. She argued against the amendment, and then went on to argue that she expects more fish. She cannot have it both ways. She is arguing in support of more quota for under-10s, but that is the intention behind the clause. It gives more quota, which is the ability for fishers to invest in their new fleet. Rather than it being a reason not to invest, it actually supports the smaller fleet.

--- Later in debate ---
Duties to ensure fishing opportunities not exceeded
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 125, in clause 28, page 18, line 43, at end insert—

‘(3A) The national fisheries authorities must publish, on at least an annual basis, a comparison of the number of each species of sea fish caught and—

(a) the catch quota for that species for that year, and

(b) the maximum sustainable yield (FMSY) reference point for that species for that year.

(3B) The publication under subsection (3A) must, where the number of sea fish caught in a calendar year has exceeded the figures in paragraphs (3A)(a) or (3A)(b), note the impact on fish stocks that exceeding that figure is thought to have had.”

This amendment would require the publication of the quantity of fish caught, by species, to enable the impact on the sustainability of fish stocks to be assessed.

Amendment 125 would require fisheries authorities to publish annually data on the state of fish stocks. As hon. Members from both sides of the Committee have often said, the deficiencies in data about our UK fish stocks must be improved. A lack of information results in the over-setting of quota limits, which directly leads to over-fishing. That harms not just our marine ecosystems but the future prosperity and survival of our UK fishing industry. I do not doubt that the Secretary of State shares my concerns about that and shares our aspiration to ensure that the deficiencies in our data are addressed.

Annually publishing the data on the state of fish stocks would mean that we are better able to ensure the effective monitoring of the progress being made in addressing those deficiencies. That would inform and enable greater scrutiny of decisions. We would be better able to publicly assess the sustainability of our fish stocks and understand the effect that they are having on each species and what that means for our marine environment and coastal communities. As we discussed earlier, we should not fear greater transparency or scrutiny. That would lead to greater progress and better decisions about our fisheries management, which will only benefit our fishers and their communities.

In his speech on Second Reading, the Secretary of State said that the UK is

“a world leader in promoting sustainable fisheries”

and that we

“can show the world that a better approach can deliver more balance, profitable fisheries and an enhanced marine environment.”—[Official Report, 1 September 2020; Vol. 679, c. 70.]

If we are to demonstrate the success of the UK fisheries management regime, it must be done in a format that allows for careful scrutiny and public debate, to celebrate where we succeed and to challenge and change where things should be improved.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I am afraid I am going to behave like a Government lawyer again and say the intent behind the amendment is absolutely clear, but the wording is ambiguous. It is not clear what sort of comparison is expected. The amendment focuses on consideration of species, but this does not make sense where different stocks of the same species are managed separately in different sea basins.

The MMO publishes the UK sea fisheries annual statistics report, which provides detailed information on our fisheries, including data on catches, quota uptake and value. The ICES publishes its annual advice on stocks, including advice on sustainable harvest rates. The advice indicates the status of stocks, taking into account previous harvesting. The Government routinely report on the outcome of annual fisheries negotiations, which includes providing figures for the number of TACs set at or below their maximum sustainable yield, and this is absolutely something that I undertake to continue to do in the future.

Our fisheries management plans will have indicators to assess their performance, and every three years the joint fisheries statement will report on how our plans have been implemented and how the stocks have been affected. The Government’s intention is to provide the necessary information through the new and existing mechanisms, so that everybody is clear about how we are getting on with delivering sustainable fisheries. I therefore say that the amendment is unnecessary.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 28 ordered to stand part of the Bill.

None Portrait The Chair
- Hansard -

I think we are going to go from a trot to a canter now.

Clause 29 ordered to stand part of the Bill.

Schedule 5 agreed to.

Clause 30 ordered to stand part of the Bill.

Fisheries Bill [ Lords ] (Fifth sitting)

Stephanie Peacock Excerpts
Committee stage & Committee Debate: 5th sitting: House of Commons
Tuesday 15th September 2020

(3 years, 7 months ago)

Public Bill Committees
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 September 2020 - (15 Sep 2020)
None Portrait The Chair
- Hansard -

Order. I hate to break up the party, but we have work to do. I understand that we will try to get through the Bill today. It was not my decision; it was was yours. It will be about 110° in this room this afternoon, so there is plenty of incentive to crack on. Gentlemen colleagues, please remove your jackets if you wish, because it is very hot. I really encourage you to do so—if I sit with you in the Tea Room and you have not removed your jacket, it could be a rather unpleasant experience for all of us.

Before we begin, I have a few preliminary points. Members will understand the need to respect social distancing guidance; I shall intervene, if necessary, to remind everyone. I remind Members to switch electronic devices to silent. Tea and coffee are not allowed during sittings, but please do consume water. Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@parliament.uk.

The selection list for today’s sitting is available in the room; it shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same or a similar issue. Please note that decisions on amendments do not take place in the order that they are debated, but in the order that they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause that the amendment affects.

Without further ado, I call the shadow Minister. [Interruption.] Sorry, I have done something wrong. Do you want to move amendment 81, which has already been debated?

None Portrait The Chair
- Hansard -

We shall move on to amendment 126. This is a strong start from your Chair.

Clause 35

Financial assistance: powers of Secretary of State

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 126, in clause 35, page 23, line 44, at end insert—

“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.

(k) the promotion of fishery products to consumers;

(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;

(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”

This amendment would enable financial assistance to be provided in England for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 127, in schedule 6, page 72, line 8, at end insert—

“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.

(k) the promotion of fishery products to consumers;

(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;

(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”

This amendment would enable financial assistance to be provided in Scotland for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.

Amendment 128, in schedule 6, page 73, line 8, at end insert—

“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.

(k) the promotion of fishery products to consumers;

(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;

(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”

This amendment would enable financial assistance to be provided in Wales for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.

Amendment 129, in schedule 6, page 74, line 8, at end insert—

“(j) the gathering of scientific data relating to fishing, including but not limited to carrying out stock assessments, vessel monitoring and recording fishing catches.

(k) the promotion of fishery products to consumers;

(l) the commissioning of boats of less than 10 metres in length if such boats are allocated increased catch and effort quotas;

(m) the decommissioning of boats of less than 10 metres in length if such boats are allocated reduced catch and effort quotas.”

This amendment would enable financial assistance to be provided in Northern Ireland for scientific data collection, for the promotion of fishery products to consumers, and for the commissioning or decommissioning of boats whose catch and effort quotas are changed.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

Amendments 126 to 129 concern the provision of financial assistance for scientific data collection and the commissioning and decommissioning of boats if quota allocations change.

Clause 35 creates new powers for the Secretary of State to make grants or loans to the fishing and aquaculture industries. When the UK was part of the EU, funding was provided by the European maritime and fisheries fund. Labour welcomes the provisions in the Bill that allow for grant and loan schemes to be established for England following the UK’s withdrawal from the EU, in order to replicate the breadth of what we can currently be funded for under the EMFF. The funding will go beyond what is currently allowed under the Fisheries Act 1981 to allow financial assistance for the protection and improvement of the marine and aquatic environment; the promotion, development or reorganisation of commercial fish activities; health and safety training; economic development or social improvement in areas where commercial fish or aquaculture activities are carried out; improving the arrangements for catch or effort quotas; and the promotion of recreational fishing.

However, we would like to include within the purposes listed under clause 35 the provision of financial assistance for the purpose of scientific data collection. The EMFF supported the common fisheries policy through the collection and management of data to improve scientific knowledge. We would ask that the new UK funding scheme supports sustainable fisheries management through the provision of financial assistance for scientific data collection. Our amendments put the gathering of scientific data on a par with the other purposes for which the Secretary of State can provide financial assistance.

The Opposition have made it clear that sustainability must be at the heart of the UK’s fisheries policy as we leave the CFP. The amendments make provision to provide the funding necessary to carry out stock assessments, vessel monitoring and recording of fish catches, among other things. That is important for protecting the future of our marine environment and for the fishing industry itself, and it can be achieved only if appropriate scientific data are gathered.

As has been mentioned throughout the debate on the Bill, we are making fisheries management decisions and policy with a data deficit. Right now, we do not know the status of three of the UK’s 15 main fish stocks, which has meant that we cannot market much of the fish caught in UK waters as sustainable. That has an impact not just on the Marine Stewardship Council’s certification, but on consumer confidence in fish from UK waters.

In addition to the collection of scientific data, the Opposition would like to include within the list of purposes for which the Secretary of State can provide financial assistance the commissioning and decommissioning of boats if quota allocations change. That would help fishers invest in new gear, boats and the hiring of more crew if their quotas increased. Funding for help for under-10 metre boats to be decommissioned in the event of reduced catch and effort quotas would be very welcome to coastal communities, which know all too well the sight of abandoned boats lying marooned on the shore. Has the Minister considered a new system to support new boats being put to sea or existing boats being taken out of service in response to movements in quota value? If an increase in quota is available in a specific area, we cannot simply magic boats out of the air from nearby ports to take advantage of it. Similarly, if a port’s fleet loses quota through negotiations, fishers and boat owners will need support to redeploy.

If the Government will not support the amendments, it calls into question their previous commitment to a sustainable marine environment and the future of the fishing industry. I therefore urge the Government to match their rhetoric with action and support the amendments.

Victoria Prentis Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
- Hansard - - - Excerpts

The amendments are not necessary, because the Bill sets out the purposes that can be funded, not specific activities related to those purposes, which provides the flexibility to fund a wide range of activities, even if they are not mentioned directly. A scheme providing for financial assistance will be set up via an affirmative statutory instrument, and it will be in that regulation that the details and activities of financial support will be set out. I look forward to discussing that SI and the specific activities when, in due course, it is laid.

Having given that explanation, I hope that the hon. Lady will withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 134, in clause 35, page 23, line 44, at end insert—

“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”

This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fish or aquaculture activities in England.

None Portrait The Chair
- Hansard -

With this, it will be convenient to discuss the following:

Amendment 135, in schedule 6, page 72, line 8, at end insert—

“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”

This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fishing or aquaculture activities in Scotland..

Amendment 136, in schedule 6, page 73, line 8, at end insert—

“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”

This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fishing or aquaculture activities in Wales.

Amendment 137, in schedule 6, page 74, line 8, at end insert—

“(j) The provision and maintenance of terrestrial or marine infrastructure involved in commercial fishing or aquaculture activities.”

This amendment would allow for financial assistance to be used for the provision or maintenance of landside infrastructure, such as ports and market facilities, involved in supporting the operations of commercial fishing or aquaculture activities in Northern Ireland.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

Amendments 134 to 137 also relate to the new powers the Bill gives the Secretary of State to make grants or loans to the fishing and aquaculture industry. They would allow fishing ports to bid for grants from any new domestic fisheries fund. The overwhelming majority of fishing ports are currently not eligible to apply to the domestic fisheries fund, which covers the transition period. If that is not fixed, it will be a significant problem for the industry.

We have spoken at length in this Committee about the importance of UK ports. Our ports are hubs of regional and national connectivity. They are the foundation of UK fisheries and wider marine management. Sadly, however, many are struggling to remain financially viable.

I again voice my opposition to the Government’s decision to remove the jobs and coastal communities clause from the Bill, which would have better supported UK ports. Because ports play an important part in supply chains, it is important that they receive the financial support they need to make long-term investment in infrastructure to support the UK fishing industry. With the support of the British Ports Association, we are calling on the Government to include landside infrastructure, such as ports and market facilities, within the purposes listed in clause 35, for which the Secretary of State may give financial assistance.

In 2017, research conducted by the BPA found that two thirds of fishing ports’ working quays needed maintenance or repair work, and 75% of markets and auctions needed modest or significant repairs or upgrades. The covid-19 pandemic has been particularly harmful for a number of ports and market facilities. Many small harbours, markets and auction sites have struggled to remain viable. Repair costs can run to millions of pounds, but at this point in time conducting vital maintenance or repair work is no longer an option. We need to better support the landside infrastructure on which our UK fishing industry relies.

It is important to note that under the European maritime and fisheries fund, 72% of UK ports have received funding to enable the expansion of new services or facilities. That funding has been crucial in driving and refreshing port capacity, including fuel and ice plants. The amendments would allow a domestic continuation scheme to support harbours and landside infrastructure under the proposed post-Brexit fisheries regime.

I commend the amendments to the Committee.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The scope of clause 35 is already wide enough to include the activities suggested. Subsection (1) sets out priorities that can be funded, not specific activities, which provides sufficient flexibility to fund a wide range of activities, including the provision and maintenance of infrastructure related to the catching and aquaculture sectors, even if they are not directly mentioned.

I take issue with some of what the hon. Lady said about support for coastal communities. We have really expanded the funding powers in the Bill, which will enable financial support for port infrastructure work, such as work to improve catch processing and safety facilities.

Having given that explanation, I hope that the hon. Lady will withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I understand what the Minister has said. However, further to the points I have made, I would like to press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---
Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The amendments provide that any future financial assistance schemes made under the Secretary of State’s funding power in clause 35 or the devolved Administrations’ funding powers in schedule 6 could include a requirement to publish data about the assistance given. The amendments also enable us to be more explicit about the potential design of a future scheme. This makes clear to future applicants the limited types of information that we could seek to publish as part of such a scheme.

The amendments should not be taken to imply that, in their absence, we could not do that anyway under the General Data Protection Regulation. The provision has also been drafted so that it cannot require publication of information that would be contrary to the Data Protection Act 2018. The power has been extended to the DAs at their request, and I commend it to the House.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

As the Minister outlined, these are technical amendments, so the Opposition are happy to support them. I would just like to ask why the measures were not included in the original Bill and why they are now proposed as Government amendments. Obviously, when this happens, there is less time to consider the implications.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The reason why the amendment was not in the original Bill is that we do not think these powers are necessary to comply with GDPR, but we think that the introduction of this provision ensures consistency. It is a mirroring provision to the Agriculture Bill. We thought that this belt-and-braces approach would be clearer and more transparent for people reading the Bills in the future to understand.

Amendment 54 agreed to.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 138, in clause 35, page 24, line 20, at end insert—

“(5A) The scheme shall be open to statutory harbour authorities.”

This amendment would ensure that all statutory harbour authorities are eligible for financial assistance under the scheme, regardless of ownership.

This amendment relates to the amendments I spoke about earlier. It would ensure that all statutory harbour authorities were eligible for financial assistance under the new domestic funding scheme that replaces the EMFF. As I outlined, we all acknowledge and have spoken at length about the importance of UK ports. Under the current arrangements, the majority of our ports would not be able to apply to the domestic fund. If we seriously want our fishing industry to thrive and grow in the long term, that will require investments in the infrastructure on which the industry relies. However, our smaller harbours, markets and auction sites have been unable even to consider the long-term investments that they will need while they have been worried about the day-to-day viability of their businesses during the pandemic. Never mind investments for the future; many vital maintenance and repair works for today have no longer been an option for many operators.

I know that the Government share our ambition for the sector to grow, but that rhetorical ambition needs to be matched by providing the structures and support to ensure that it can be achieved. That includes ensuring that all our statutory harbour authorities are eligible for financial assistance under the new domestic funding schemes that replace the EMFF. With the support of the British Ports Association, I ask the Government to support the amendment.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

There is a bit of history here, Sir Charles. I am aware that the strict eligibility rules under the domestic maritime and fisheries fund in England, which opened to applications in 2019, excluded harbour authorities. That scheme was delivered using Exchequer funding, and during the transition period we have had to comply with European state aid rules. In future, we will not be bound by the EU state aid regime, and we will take our own view on the need for funding for UK infrastructure, including that owned by harbour authorities. The clause provides flexibility for all legal entities, including harbour authorities, to be eligible for financial assistance. Details of future schemes will be contained in subsequent regulations, which, as I said earlier, will be voted on under the affirmative procedure. I therefore think the amendment is unnecessary.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I hear what the Minister says. I understood this to be a great opportunity to put it into law now, but I accept the point she has made. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

During the UK’s membership of the EU, funding to the fish and aquaculture sectors has been provided under the EMFF. This clause allows the creation of domestic financial assistance schemes that would support the fish and aquaculture sector in England. The Government are committed to putting in place new domestic long-term arrangements to support the UK’s fishing industry from 2021. This will be through the creation of four new schemes to deliver funding for each nation. The devolved Administrations will lead on their own schemes. I hope Members will agree that the clause should stand part of the Bill.

Question put and agreed to.

Clause 35, as amended, accordingly ordered to stand part of the Bill.

Schedule 6

Financial assistance: powers of devolved authorities

Amendments made: 56, in schedule 6, page 72, line 19, at end insert—

“(c) require the Scottish Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(4A) In sub-paragraph (4)(c) ‘specified’ means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(4B) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).”

This amendment allows financial assistance schemes made by the Scottish Ministers to include requirements to publish information about financial assistance given under the scheme.

Amendment 57, page 73, in schedule 6, line 19, at end insert—

“(c) require the Welsh Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(4A) In sub-paragraph (4)(c) ‘specified’ means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(4B) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).”

This amendment allows financial assistance schemes made by the Welsh Ministers to include requirements to publish information about financial assistance given under the scheme.

Amendment 58, page 74, in schedule 6, line 19, at end insert—

“(c) require the Northern Ireland department, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(4A) In sub-paragraph (4)(c) ‘specified’ means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(4B) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).”—(Victoria Prentis.)

This amendment allows financial assistance schemes made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to include requirements to publish information about financial assistance given under the scheme.

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

--- Later in debate ---
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 96, in clause 36, page 25, line 21, leave out “negative” and insert “affirmative”.

This amendment would make the relevant regulations subject to the affirmative procedure.

Both I and my hon. Friend the Member for Plymouth, Sutton and Devonport have spoken at length in the Committee about the need for more parliamentary scrutiny. The clause gives the Secretary of State power to make regulations regarding the Marine Management Organisation’s power to impose charges when carrying out certain marine functions. Such functions could include: fishing quota; ensuring commercial fishing activities are lawful; registration of buyers and sellers of first sale fish; and catch certificates for the import and export of fish.

The Bill expands the powers available to the MMO. Given the important role that organisation plays and will play in future fisheries management, further parliamentary scrutiny is needed when updating MMO charges and changes through secondary legislation. If the Government seek to oppose the amendment, I ask the Minister to outline how often she envisages changes being made to charges. What steps will her Department take to ensure that MMO charges are appropriate and value for money?

Labour seeks a standard to move from negative procedure instruments to affirmative ones to ensure that the Government can achieve their objectives by having improved legislation, rather than rushed legislation that they then seek to change. Good scrutiny is good governance. It would help the Government to deliver on objectives outlined in clause 1 and make for better policy making as more people would be involved in the policy-making process. That is why we seek to make such regulations subject to the affirmative procedure.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause allows the Secretary of State to make regulations allowing for the MMO to impose charges when exercising a relevant marine function. It is Government policy to set charges to recover costs for services provided to the industry where possible. When drafting the Bill, we carefully considered the delegated powers and procedures that should apply to regulations. We think we struck the right balance between the need for scrutiny and the need to be able to update MMO charges through secondary legislation.

The Delegated Powers and Regulatory Reform Committee in the other place twice reviewed our suggested procedures and its view both times was that we had struck the right balance with all the delegated powers. The clause requires the Secretary of State to consult appropriate persons before implementing any charging scheme. Given that assurance, I hope the hon. Lady will withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 36 ordered to stand part of the Bill.

Schedule 7

Imposition of Charges: Powers of Devolved Authorities

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

Again, this schedule, at the request of the devolved Administrations, provides those Administrations with powers to make regulations enabling them to impose charges for carrying out relevant marine functions.

Question put and agreed to.

Schedule 7 accordingly agreed to.

Clause 37

Sea Fish Industry Authority: fees for services provided for industry in EU

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

None Portrait The Chair
- Hansard -

We now come to a rich seam of amendments.

Clause 38

Power to make provision about fisheries, aquaculture etc

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
- Hansard - -

I beg to move amendment 130, in clause 38, page 26, line 6, at end insert—

‘(d) the gathering of scientific data to inform management of fish stocks.’.

This amendment would add scientific data collection to the conservation purposes for which Clause 38 enables the Secretary of State to make regulations.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 131, in schedule 8, page 79, line 16, at end insert—

‘(d) the gathering of scientific data to inform management of fish stocks.’.

This amendment would add scientific data collection to the conservation purposes for which Schedule 8 enables the Scottish Ministers to make regulations.

Amendment 132, in schedule 8, page 83, line 4, at end insert—

‘(d) the gathering of scientific data to inform management of fish stocks.’.

This amendment would add scientific data collection to the conservation purposes for which Schedule 8 enables the Welsh Ministers to make regulations.

Amendment 133, in schedule 8, page 86, line 34, at end insert—

‘(d) the gathering of scientific data to inform management of fish stocks.’.

This amendment would add scientific data collection to the conservation purposes for which Schedule 8 enables the Northern Ireland department to make regulations.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

The clause gives the Secretary of State powers to make regulations to allow the UK to meet its international obligations, conserve the marine environment and adapt fisheries legislation. As I am sure Members will be aware, the are able to make the regulations on scientific data collection that they deem to be necessary.

As we have discussed at length, there are deficiencies in our data that we need to address if we are to ensure the sustainability of the fishing industry and our marine environment. The amendments would place scientific data prominently in the Bill and in the remit of the Secretary of State, to ensure that appropriate regulations are in place as we become an independent coastal state once again.

Like many of the amendments we have proposed, amendment 130 would not tie the hands of the Secretary of State or affect the direction of the objectives; indeed, it is wholly in line with them. It does not even involve additional scrutiny. Under the amendments, scientific data would simply be given the prominence in the Bill that it merits, and the Secretary of State and the relevant Ministers would have the power to address deficiencies in data as they saw fit. I hope that we can come to agreement and that the Government will find the amendments acceptable.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I hear what the hon. Lady says, but I feel that the Bill’s existing provisions are sufficient. They enable the UK to introduce regulation if our international obligations require us to gather and share scientific data. The scientific objective in clause 1 commits us to collect and share data to deliver efficient fisheries management. The regulations that enable us to collect data—the EU data collection framework regulation 2017/1004—will become retained EU law after the end of the transition period. We feel that clause 38 is wide enough to enable us to keep the regulation up to date and relevant. I hope that with that assurance the hon. Lady will withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 139, in clause 38, page 26, line 37, at end insert—

‘(pa) fishing-related activities in the vicinity of a feature of archaeological or historic interest.’

This amendment would give the Secretary of State the power to make regulations about fishing-related activities in the vicinity of a feature of archaeological or historic interest in England.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 140, in schedule 8, page 80, line 2, at end insert—

‘(pa) fishing-related activities in the vicinity of a feature of archaeological or historic interest.’

This amendment would give the Scottish Ministers the power to make regulations about fishing-related activities in the vicinity of a feature of archaeological or historic interest in Scotland.

Amendment 141, in schedule 8, page 83, line 34, at end insert—

‘(pa) fishing-related activities in the vicinity of a feature of archaeological or historic interest.’

This amendment would give the Welsh Ministers the power to make regulations about fishing-related activities in the vicinity of a feature of archaeological or historic interest in Wales.

Amendment 142, in schedule 8, page 87, line 22, at end insert—

‘(pa) fishing-related activities in the vicinity of a feature of archaeological or historic interest.’

This amendment would give the Northern Ireland department the power to make regulations about fishing-related activities in the vicinity of a feature of archaeological or historic interest in Northern Ireland.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I, and no doubt my hon. Friend the Member for Plymouth, Sutton and Devonport, are pleased to see that features of archaeological or historic interest are included in the definition of the marine and aquatic environment in the Bill. Amendments 139 to 142 would give the Secretary of State and relevant Ministers the explicit authority to regulate in that regard in the areas surrounding archaeological and historic features to ensure that they are preserved.

I am sure that we agree on the importance of protecting our historic marine environment, including our heritage assets on the seabed. They are part of our history, and many are monuments to lives lost in treacherous circumstances. As we create a new legal framework for our future as an independent coastal nation, it is important that we are clear about our commitment to the protection of those important parts of our history and archaeology.

The intention of the amendment is not to limit or harm the fishing industry, but to ensure that our maritime heritage is preserved, not harmed, by fishing or aquaculture activities, by giving the Secretary of State the power to make regulations in that regard. I understand that the Government receive advice from Historic England about the historic environment in English waters, so they must be aware of the importance of protecting and preserving our marine archaeology. The amendments would be a step in the right direction, to ensure that the Secretary of State will be able to regulate effectively to protect features of archaeological and historical interest. I hope that the Government will support them.

Luke Pollard Portrait Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
- Hansard - - - Excerpts

I am grateful to the Minister for listening, and agreeing to the amendments that were tabled, effectively, by Labour, in the previous iteration of the Bill, for protection of marine archaeology. Today, through these amendments, we are making the case for additional powers for the Government to ensure that marine archaeology is protected. I uage the Minister to adopt them in the good spirit in which they have been tabled.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I thank the hon. Members for Barnsley East and for Plymouth, Sutton and Devonport. The issue is an important one, but we do not feel that the additional powers in the amendment are needed. I want to reassure Members that, while it is not explicit in clause 38 or schedule 8, the provisions are already wide enough to include making regulations to protect these features.

Regulations can be made under clause 38 and schedule 8 for a conservation purpose, including

“the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities”.

The marine and aquatic environment in the context of the Bill is defined in clause 51 as including

“features of archaeological or historic interest”,

which means that clause 38 may be used to amend or introduce legislation to protect those sites individually or collectively. With those assurances I hope the hon. Lady will withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause will provide the Secretary of State with the powers necessary to manage our fisheries when the UK becomes an independent coastal state once again. It will enable the Government to comply with the UK’s international obligations, to manage our fisheries and to keep pace with changes to rules we have to comply with as members of regional fisheries management organisations.

The powers in the clause are broad in scope; in recognition of that, we have introduced a number of constraints to limit them as far as possible. They must be exercised for a purpose listed in subsection (4), they can be exercised only for matters listed for specific purposes, and they cannot create criminal offences punishable by imprisonment. However, the list of matters in subsection (4) does not apply in relation to implementing RFMO regulations, which can cover any matter within the scope of RFMO rules. The clause is integral in providing a legal framework for the UK to meet our international obligations under various conventions.

Question put and agreed to.

Clause 38 accordingly ordered to stand part of the Bill.

Clauses 39 and 40 ordered to stand part of the Bill.

Clause 41

Scope of regulations under section 38 or 40

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Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause requires the Secretary of State to obtain consent from the Scottish or Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to make provisions in areas of devolved competence for regulations under clauses 38 and 40. Where there is consent, the power will allow cross-UK regulations to be made in areas of devolved competence, which could ensure a coherent management regime for our fishers.

Question put and agreed to.

Clause 42 accordingly ordered to stand part of the Bill.

Clause 43

Procedural requirements for regulations under section 38 or 40

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to move amendment 97, in clause 43, page 29, line 32, leave out from “if” to the end of line 42.

This amendment would make the relevant regulations subject to the affirmative procedure.

I will not repeat the arguments that I and my hon. Friend the Member for Plymouth, Sutton and Devonport have made about the need for more parliamentary scrutiny. Clauses 38 and 40 allow the Secretary of State to make regulations for technical matters currently regulated by the EU under the common fisheries policy. That includes powers to allow the UK to meet its international obligations, conserve the marine environment, adapt fisheries regulations, and make provisions for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. With amendment 97, we seek to make the relevant regulations subject to the affirmative procedure to enable better scrutiny of the Government, and help the Government achieve their objectives listed under clause 1.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

We feel that we have got the balance of scrutiny right. Clause 43 was carefully drafted to ensure that the affirmative procedure was used in appropriate cases, with the negative procedure used to introduce what are likely to be highly technical amending regulations. As I said earlier, the Delegated Powers and Regulatory Reform Committee in the other place has twice considered the procedures proposed and told the Government that we have the right parliamentary procedure for all the regulation-making powers in the Bill. The Committee commented in its first report that

“of the Bill’s 15 delegated powers that have a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so.”

I hope that the hon. Lady will withdraw the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The clause sets out the procedural requirements for making regulations under clauses 38 and 40. These ensure that there is appropriate parliamentary and public scrutiny of provisions made using these powers.

Question put and agreed to.

Clause 43 accordingly ordered to stand part of the Bill.

Clause 44 ordered to stand part of the Bill.

Schedule 8

powers to make further provision: devolved authorities

Amendments made: 50, in schedule 8, page 85, line 26, after “of” insert “sea fishing by”.

This amendment clarifies the scope of the Welsh Ministers’ power to make regulations under paragraph 6 or 8 of Schedule 8 in relation to matters that are not within the legislative competence of Senedd Cymru.

Amendment 146, in schedule 8, page 85, line 26, at end insert—

‘(3A) Provision which does not fall within sub-paragraph (3)(a), but which would do so but for a requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006, may be included in regulations under paragraph 6 or 8 with the consent of the Secretary of State.’—(Victoria Prentis.)

This amendment enables the Welsh Ministers, with the consent of the Secretary of State, to include in regulations under paragraph 6 or 8 provision that is only within the legislative competence of Senedd Cymru if consent has been given by a Minister of the Crown.

Question proposed, That the schedule, as amended, be the Eighth schedule to the Bill.

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Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I beg to move amendment 9, in clause 51, page 35, leave out lines 26 to 28 and insert—

““minimum conservation reference size”, in relation to an aquatic organism, means the size of a member of the species of which the organism is a member, at the level of maturity of that organism, below which capture or retention is prohibited or restricted;”

This amendment clarifies the definition of “minimum conservation reference size”.

This technical amendment replaces the definition of “minimum conservation reference size” in clause 51. The previous definition might have implied that the reference size related to the size of the marine stock. The amendment makes it clear that it means the size of an individual fish or other relevant aquatic organism in terms of its maturity. I commend the amendment to the House.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

Labour is happy to support the amendment.

Amendment 9 agreed to.

Amendment made: 145, in clause 51, page 35, line 28, at end insert—

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);”

This amendment inserts into the Bill a definition of “Minister of the Crown”.(Victoria Prentis.)

Clause 51, as amended, ordered to stand part of the Bill.

Clause 52

Extent

Amendment made: 10, in clause 52, page 37, line 3, leave out “revocation made by paragraph 5” and insert “repeals and revocations made by paragraphs 3 to 5”

This amendment ensures that the repeal in Schedule 4 of the current regime governing access of foreign fishing boats to British waters extends to the Channel Islands and the Isle of Man.(Victoria Prentis.)

Clause 52, as amended, ordered to stand part of the Bill.

Clause 53

Commencement

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

I beg to move amendment 55, in clause 53, page 37, line 30, at end insert—

‘(4A) Section (conservation of seals) and Schedule (conservation of seals) come into force on 1 March 2021.”

This amendment provides that the proposed new clause and Schedule on the conservation of seals come into force on 1 March 2021.

Fisheries Bill [ Lords ] (Sixth sitting)

Stephanie Peacock Excerpts
Committee stage & Committee Debate: 6th sitting: House of Commons
Tuesday 15th September 2020

(3 years, 7 months ago)

Public Bill Committees
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 September 2020 - (15 Sep 2020)
None Portrait The Chair
- Hansard -

It would be easy for me to deflect blame on to colleagues, but I should accept a large amount of it myself. I apologise. I, primarily, should have spotted it, and for that I apologise to the Committee. I also apologise for having to let you go 20 minutes early, which probably means that we will have to stay 20 minutes later this afternoon. The key point is that I did not invite Labour to move the new clause, and for that I apologise. I hope that that is acceptable to the shadow Minister and to colleagues.

We will try to get it right this time. Does the shadow Minister wish to move new clause 2 formally?

None Portrait The Chair
- Hansard -

We have now seen the back of new clause 2.

New Clause 3

Sea Fish Industry Authority: powers in relation to parts of UK

‘(1) The Fisheries Act 1981 is amended as follows.

(2) In section 2(1) (duties of the Authority)—

(a) after the third “of”, insert “(amongst other things)”,

(b) delete the words “as a whole”.

(3) After section 3 (powers of the Authority), insert—

“(none) The Authority may exercise its functions separately and differently in relation to—

(a) the sea fish industry in different parts of the United Kingdom,

(b) sea fish and sea fish products landed in different parts of the United Kingdom,

(c) sea fish and sea fish products trans-shipped in different parts of the sea within British fishery limits adjacent to different parts of the United Kingdom.”.’—(Brendan O'Hara.)

The primary purpose of this new clause is to give the Sea Fish Industry Authority greater flexibility to exercise its functions separately and differently in different parts of the UK. It inserts a new clause into subsection 3, which will enable the Authority to do this.

Brought up, and read the First time.

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Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

New clause 10 would establish a duty to co-operate among all fisheries policy authorities in carrying out their functions under the Bill, and would allow them to share information to ensure that they are working efficiently and co-operatively. The Government have already opposed the creation of a dispute resolution mechanism, which would have been used to ensure that disagreements between fishing authorities did not reach an impasse. The new clause would provide for a duty of co-operation in the absence of a dispute resolution mechanism.

The Government have consistently described the Fisheries Bill as a framework Bill to establish the parameters under which the industry will operate. As the Committee will be aware, that function has been fulfilled for a number of decades by the common fisheries policy. Whatever concerns hon. Members may have had about the CFP—I am aware that concerns have been raised on all sides of the House—there is no doubt that it provided a settled framework for fisheries. When the structures of the CFP are removed, it is important that the framework that replaces it is robust and consistent.

The new clause therefore seeks to place an obligation on fisheries policy authorities to co-operate with other fisheries policy authorities in preparation for and the application of the joint fisheries statement, any Secretary of State fisheries statement, the licensing of fishing boats, enforcement against illegal fishing activity, the determination and distribution of fishing opportunities, and the prevention of discards. Those are all crucial points that must be settled collaboratively as the UK seeks to forge a new future for its fishing industry outside the EU.

Without a duty to co-operate between among the different sectors of our fishing industry and the different parts of the UK, we could face a scenario after 31 December whereby different fisheries authorities, the Marine Management Organisation and different devolved Governments each set different regulations or pursue different priorities in relation to the fishing industry and the marine environment. That would lead to a fracturing not just of the industry but of the broader framework that the Bill is designed to establish for UK fisheries.

Opposition Members welcome the Bill and the aim of establishing a framework and clear objectives for the future of the industry. However, without co-operation across the industry and the different parts of the UK, any framework would be fractured, making it all but redundant, and making it infinitely more difficult to achieve the Bill’s objectives. Therefore, if the Government oppose the new clause, I would be grateful if the Minister could set out how they intend to ensure that different stakeholders and constituent parts of the UK’s fishing industry work collaboratively to meet the objectives in the Bill.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

The new clause is unnecessary because, in addition to existing processes, the Bill already contains provisions for lots of co-operation among the authorities. The four fisheries policy authorities have a strong track record of working collaboratively to develop fisheries management policy. That will be further strengthened through a new memorandum of understanding developed as part of the UK fisheries common framework, which will set out how the authorities will continue to work closely together in the future. The Bill includes the shared fisheries objectives, and clause 2 and schedule 1 require the authorities jointly to prepare and produce a joint fisheries statement. Clause 10 requires fisheries authorities to exercise their functions in accordance with the policies in a JFS, Secretary of State fisheries statement or fisheries management plan. As many of the stocks are mobile, that will of course require a great deal of co-operation among the authorities.

Let me turn to the sharing of information. Again, a lot of that happens currently, and principles around data sharing will be incorporated in the MOU. Within the Bill, the scientific evidence objective also includes a requirement for fisheries policy authorities to work together on the collection and sharing of scientific data. The JFS will include policies to support the achievement of that objective.

I therefore ask that the new clause be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 11

Highly Protected Marine Areas for England

‘(1) The Secretary of State must publish a plan to designate Highly Protected Marine Areas for England.

(2) Before publishing a plan under subsection (1), the Secretary of State must carry out a public consultation.

(3) The plan in subsection (1) must be published by 31 December 2021.’—(Luke Pollard.)

This new clause would require the Secretary of State to carry out a consultation and publish a plan to designate Highly Protected Marine Areas for England.

Brought up, and read the First time.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

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

New clause 11 relates to highly protected marine areas for England. This picks up on a running theme of contributions from the Labour Benches throughout these proceedings in relation to what happens next with the Benyon review of highly protected marine areas and what the next steps are.

The oceans treaty, which I have mentioned a number of times during the Committee’s discussions and which the Government have signed up to, seeks to protect 30% of the world’s oceans by 2030, and the UK Government have signed up to protect 30% of the UK’s waters by 2030 as well. The oceans treaty signs us up for full protection, which is in effect no-take zones for our fisheries’ waters, and it seems that the Government’s intention is to move marine protected areas into highly protected marine areas, thus creating no-take zones in what are largely MPAs as they currently stand.

The Benyon review, published over the summer, made a really important contribution to the start of the debate by setting out the value of highly protected marine areas and what the purpose was. Importantly for the Bill, Benyon also set out very clearly that fishers must be involved with the discussions around the designation of highly protected marine areas—and indeed, with you sitting in the Chair, Sir Charles, that should involve commercial fishing and also recreational fishing at the same time. It is important that we understand what Richard Benyon has proposed in his report, but also that it was only a first step in how highly protected marine areas can be created.

The new clause seeks to require that the Secretary of State publish a plan to designate highly protected marine areas, and before that plan is published, the Secretary of State should carry out a public consultation. Taken together, that should all be published by 31 December 2021, which is a realistic timeline for that work to be done. Indeed, at the conclusion of that, as the Committee will note, we have only eight years left for 30% of the UK’s waters to be highly protected marine areas, if the Government are to hit the commitment that they have signed up to in the UN’s oceans treaty. I am sure that Conservative Members would not want to breach a treaty in relation to this and would want to maintain the rule of law. This is a plan for how to do that.

It is important that we include input from fishers in how we designate highly protected marine areas. The Government have so far not responded to the Benyon review in a way that sets out a timetable for what follows next. They have said that the findings are interesting and they will take time to consider them, as I expect the Minister will say when she gets to her feet, but they have not set out a timetable.

The Government chose earlier in the Committee to whip their MPs against Labour’s sensible amendment to ban supertrawlers over 100 metres from fishing in marine protected areas. We know that a Greenpeace investigation has revealed that in the first six months of 2020, supertrawlers spent more than 5,500 hours fishing in these protected areas. If we mean to safeguard these vulnerable habitats, it is important that steps are taken to exclude not only supertrawlers, but trawlers with gear that is especially damaging to our oceans, which include electric pulse trawlers and trawlers that drag nets along the sea bed in particular.

I have, in a number of remarks, encouraged the Minister to start an honest conversation with fishers about how highly protected marine areas will be designated, what their input will be in that and how they will be compensated, encouraged or recompensed for the exclusion of fishers and certain types of fishing from those marine areas. When the Minister gets to her feet, I suspect she will say that this is not necessary because she has a cunning plan for highly protected marine areas that she will shortly be publishing, but I would be grateful if she could answer a few questions.

Which marine protected areas does the Minister feel that fishers will be able to fish in in 10 years’ time and which ones does she not? Will it be an assumption that all MPAs will be no-take zones, as the policy signed up by the former Environment Secretary, the right hon. Member for Surrey Heath (Michael Gove), suggested? Will there be a phased approach to introducing no-take zones in marine protected areas?

For instance, will the Minister seek to restrict bottom trawling in those areas, or will she be taking the advice of the former fisheries Minister, the right hon. Member for Scarborough and Whitby, who, when speaking about supertrawlers in the debates last week, spoke about fishing only in the water column? Will there be a stepped process to bring that about? Can she set out what the journey is between now and 2030?

There is a strong rationale for being clear with the fishing industry, coastal communities and those who seek to protect our marine environment about how these highly protected marine areas will be established in England in particular, although I appreciate that the commitment the Government have given is on the protection of UK waters.

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Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

New clause 12 enables the Secretary of State to make regulations to control the creation and disposal of plastic waste during fishing activities in all areas of the UK’s exclusive economic zone, except for the Scottish, Welsh and Northern Irish zones. The new clause, as with others we have proposed, has sustainability at its heart.

According to estimates from Greenpeace, 12.7 million tonnes of plastic go into our oceans every year. That is the same as a truckload of rubbish every minute. Of course, that cannot be solely attributed to the fishing industry, and clearly wider societal and environmental action is needed to tackle it in addition to the measures set out in the new clause, but plastic waste generated by fishing is a contributory factor. For example, an estimated 20% of fishing gear is lost at sea in the EU. Another example is the great Pacific garbage patch, which the shadow Secretary of State, my hon. Friend the Member for Plymouth, Sutton and Devonport, mentioned when the Fisheries Bill was before the House in the last Parliament.

Katherine Fletcher Portrait Katherine Fletcher (South Ribble) (Con)
- Hansard - - - Excerpts

Does the hon. Lady agree that a huge amount of the plastic in the oceans is coming from the land and running into rivers? The new clause is well intentioned, and I completely share the hon. Lady’s aim to reduce plastic in the environment, but it may create a bigger burden on an industry whose contribution is de minimis to the plastic that is floating around in the ocean.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

If the hon. Lady had been listening to my speech, she would have noted that I just said that of course the fishing industry cannot be fully responsible, but it can play its part. Statistics highlighted by The Ocean Cleanup conservation group show an area of floating rubbish totalling 79,000 tonnes, most of which is abandoned fishing gear and other plastic waste. Clearly the UK is not responsible for all fishing gear lost at sea in the EU, or for plastic waste in the Pacific, but there is no reason why we should not set the standard and be world leaders in tackling plastic waste in our own waters.

We have an opportunity with the Bill and with the new clause to tackle this problem and to make an important contribution to broader efforts to protect our environment. The new clause is not radical, nor would it damage the industry or constrain or tie the Government into any particular course of action. I urge the Government to accept the new clause.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

Tackling the scourge of plastic pollution in the ocean is a priority for the Government and for me personally. While the proposed new clause rightly recognises the importance of tackling plastic pollution, it is not necessary in the Bill because it replicates existing legislation.

The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998 prohibits the disposal of plastic items at sea, including fishing gear. Adequate disposal facilities are already required under the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003. Under the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020, larger vessels are required to complete a garbage record book to record waste and complete a garbage management plan to minimise, collect, store, process and dispose of garbage.

Clause 38(4) already provides a power to make regulations for a conservation purpose, which can cover the design and use of sea fishing equipment and the retrieval of lost or discarded sea fishing equipment. There is already a very full legislative framework that regulates the disposal of plastic waste, including fishing gear, from fishing vessels, without the need for this new clause. I recognise why it might have been thought that the new clause was necessary, but given the plethora of legislation in the area, we need to work on enforcement, not legislation. I ask the hon. Member to withdraw the motion.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

As the Minister points out, we need to work on enforcement, which is clearly not working. I am disappointed that she will not accept the new clause, but I am happy to beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 13

Enforcement of licences

“(1) A Minister of the Crown must, before the end of the period of 6 months beginning with the day on which this Act is passed, and annually by the 30 November every year thereafter, lay before Parliament a statement containing the policy of Her Majesty’s Government in relation to the—

(a) routine patrolling of waters within British fishery limits, and

(b) enforcement of the requirements under sections 14(1) and 16(1).

(2) Before making a statement under subsection (1), the Minister must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Northern Ireland department.

(3) The statement under subsection (1) must include a declaration of whether, in the Minister’s opinion, the United Kingdom has sufficient resources to undertake the actions mentioned in subsections (1)(a) and (1)(b).

(4) If, in the Minister’s opinion, the United Kingdom does not have sufficient resources to undertake the actions mentioned in subsections (1)(a) and (1)(b), the Minister shall, within 30 days of making the statement, publish a strategy for acquiring such resources.

(5) A strategy published under subsection (3) must be laid before both Houses of Parliament.

(6) For the purpose of this section “sufficient resources” includes—

(a) an appropriate number of vessels,

(b) an appropriate number of personnel, and

(c) any other resource that a Minister of the Crown deems appropriate.”.—(Luke Pollard.)

This new clause requires a Minister of the Crown to outline the Government’s policy in relation to the patrolling of British waters and enforcement of fisheries licences, and, in the event of the UK not having sufficient resources, requires publication of a strategy for them.

Brought up, and read the First time.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

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

New clause 13 would do exactly what it says on the tin: licence enforcement. Enforcement matters. Fishers need to know that everyone will be playing by the rules, because that is not always the case at the moment. That is an important part of the grumbles and gripes that I have heard from fishers over the past few years. Although they are playing by the rules, they can see others who are not and who are getting away with it, be they other British fishers or foreign fishers operating in UK waters. That legitimate concern is why enforcement matters.

As we discussed earlier, we know there are gaps in enforcement and other problems. We do not have enough ships or aerial assets to enforce what we currently have, let alone deal with territorial disputes in the future. Enforcement is important because it acts as a deterrent as well as an opportunity for prosecution and investigation. I am sure the Minister was using a fishing boat tracking app on her phone last weekend—if she does not have one, it is well worth getting, because it is great fun—and saw a French trawler being intercepted by enforcement active in the English Channel and escorted into Plymouth to face questions about whether it was properly licensed or responsible for overfishing. I want to see more such examples of the enforcement of regulations—not necessarily the escorting into port—to ensure that the same standards are applied to foreign and UK boats, that there is a high degree of probability that enforcement action will happen while boats are at sea, and that prosecution will follow if they are found in breach of any of our rules.

--- Later in debate ---
Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

I am grateful to the Minister for setting that out. I agree that there has been a great deal of scrutiny, but that scrutiny has found enforcement gaps, enforcement problems and a lower number of interventions and hours at sea. There is more work to be done there, but on the basis that we have discussed this and the Minister can be in no doubt that there is a better job to be done than is done already, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 14

Expert advisory council on fisheries

“(1) The Secretary of State must establish a body called the Expert Advisory Council on Fisheries for the purpose of exercising the functions in subsections (4) to (6).

(2) The Expert Advisory Council on Fisheries shall consist of as many people as the Secretary of State considers appropriate.

(3) Before appointing any person to the Expert Advisory Council, the Secretary of State must consult with—

(a) the other fisheries policy authorities;

(b) inshore fisheries and conservation authorities;

(c) fishing industry representatives;

(d) representatives of the 10m and under fishing sector;

(e) recreational fishing representatives;

(f) environmental organisations;

(g) fish processors;

(h) port representatives;

(i) local government representatives; and

(j) any other such organisations as the Secretary of State considers appropriate.

(4) The Secretary of State must have regard to the advice of the Expert Advisory Council on Fisheries before—

(a) publishing or amending a Secretary of State fisheries statement,

(b) making or withdrawing a determination of fishing opportunities under Section 24, and

(c) making any regulations under this Act.

(5) The Secretary of State shall publish the Expert Advisory Council on Fisheries’ assessment, for a calendar year, of the state of UK fisheries, including—

(a) current stocks and their sustainability,

(b) species distribution within the Exclusive Economic Zone,

(c) the status of employment and skills in the fishing industry,

(d) the take-up of fishing industry job opportunities by school and college leavers,

(e) present total catches and future projected total catches, by both volume and monetary value, and

(f) the economic and social value and impact of the fishing industry on coastal communities.

(6) The first annual assessment under subsection (5) shall be published within 12 months of this section coming into force, and each subsequent assessment must be published within 12 months of the previous such assessment.

(7) For a calendar year, no determination may be made under section 24 until the annual assessment under subsection (5) has been published for that year.” —(Stephanie Peacock.)

This new clause would place a duty on the Secretary of State to establish an Expert Advisory Council on Fisheries, and would provide for the Council’s membership and functions.

Brought up, and read the First time.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

As we have said on a number of occasions throughout our discussion of the Bill, it is important that Government policy is led by science and expert opinion, and that the industry and coastal communities have the opportunity to have their voices heard. The new clause will place a duty on the Secretary of State to establish an expert advisory council on fisheries, on which the industry and coastal communities will have a strong voice. The National Federation of Fishermen’s Organisations has said it supports the establishment of a consultative group comprised of appropriately qualified authoritative fisheries experts to inform policy decisions and ensure proper accountability. It has also said:

“The inclusion on the Advisory Council of fisheries experts would guarantee that sustainability issues are fully considered.”

An advisory council would be an invaluable source of knowledge of our UK fishing industry and marine environment, helping to guide policy and promote collaboration between central Government, fisheries authorities, industry, scientists, conservationists and other key stakeholders. As has been mentioned multiple times during the Committee, the fishing industry is a naturally variable industry. It is important that fishing policy and authorities are informed by expert opinion and scientific data, and that the industry is involved in decisions on its future at every step of the policy-making process. The aim of this simple Opposition amendment is to bring all expert stakeholders together, and I hope it can carry the support of Members from across the House. I know that Conservative Members have voiced their support, so I hope the Government will give the new clause serious consideration.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

In keeping with the commitments in the 25-year environment plan and the fisheries White Paper, I assure the Committee that we already work closely and collaboratively with our fishing industry, scientists and environmental stakeholders to make sure our fisheries are managed in a sustainable way. The White Paper noted our intention to work in greater partnership with the industry. Our commitment to listening and working collaboratively with the industry and stakeholders feeds into policy development in a flexible and proportionate way. A national one-size-fits-all engagement structure would not, we feel, be in keeping with the needs of different fishing communities. Committing to a prescriptive advisory structure at this stage could limit the development of fisheries management. I believe the new clause is unnecessary and ask that it be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 15

Fishing co-operatives

‘(1) The Secretary of State must promote co-operatives within the fishing industry, in England, and such promotion may include—

(a) offering financial assistance for the creation or development of fishing co-operatives within the following aspects—

(i) landing;

(ii) catching; and

(iii) processing;

(b) establishing bodies to provide practical support and guidance for the development of new co-operatives; issue guidance on the practical steps which can be taken pursuant to establishing a new co-operative.

(2) Financial assistance under subsection (1) may be given by way of grant, loan or guarantee, or in any other form.

(3) An organisation shall be recognised as a fishing co-operative if—

(a) it is either—

(i) registered with the Financial Conduct Authority as a co-operative; or

(ii) constituted under the Co-operative and Community Benefit Societies Act 2014, and

(b) it operates in a sector of the fishing industry described in subsection (1)(a).’—(Stephanie Peacock.)

This new clause would require the Secretary of State to provide financial assistance, establish support and issue guidance in order to promote co-operatives in the fishing industry in England by—for example —offering financial assistance, establishing support bodies or issuing guidance.

Brought up, and read the First time.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

New clause 15 speaks to the long history of co-operatives and co-operation in our fishing industry. It would require the Secretary of State to provide financial assistance, establish support and issue guidance to promote co-operatives in the fishing industry in England. This could include, for example, offering funds, establishing support bodies or issuing guidance to co-operative businesses.

As has been said repeatedly in this Committee, the obstacles faced by small-scale operators in the last 10 years require urgent redress. The new clause gives us a chance to do just that. Existing co-operative structures in the industry allow fishers to pool risk and access bigger markets; at the same time, they enable those in the sector to work closely together to protect the long-term financial and environmental sustainability of our seas. Fishing co-operatives can play a vital role in minimising competition for already depleted and diminishing stocks where they allow structures of management and control to be agreed between fishers. That helps to secure the future of our industry. Co-operatives simply offer a greater degree of control to the smaller operators, who need it.

Labour’s new clause would require the Government to boost the growth of co-operative businesses in the sector by supporting existing co-operatives to grow and by helping new co-operatives to start up. I hope that the Government will support the new duties that the new clause would place on the Secretary of State. In doing so, they will show that they recognise the good done by co-operatives across this country and the faith they have in smaller operators, who represent the future of our UK fishing industry.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

This clause is not necessary because funding and guidance are and will continue to be available for a variety of fishing activities in England, as we discussed this morning. The Government made a manifesto commitment to maintain funding for the sector, and we will replace the European maritime and fisheries fund with new domestic scheme from 2021.

We are not sure that it is helpful to focus on co-operatives. Not all fishermen want to be members of broad collective groups or organisations, and in our view it would not be appropriate to single out one form of organisation over others. In addition, it is unclear what relationship this proposed co-operative model would have to the producer organisations and fishermen’s associations that already work throughout England. I therefore ask that the new clause be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 16

“Fishing industry skills strategy

‘(1) Within 1 year of this section coming into force, the Secretary of State must publish a strategy for skills, employment and economic regeneration for the fishing industry.

(2) Before publishing a strategy under subsection (1), the Secretary of State must consult with—

(a) the Scottish Ministers;

(b) the Welsh Ministers;

(c) the Northern Ireland department;

(d) representatives of the fishing industry;

(e) any other person the Secretary of State considers appropriate.”

This new clause would require the Secretary of State to publish a fishing industry skills strategy.(Stephanie Peacock.)

Brought up, and read the First time.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

During the Committee stage of the previous version of the Bill, the matter of skills was discussed on a number of occasions. I fear that without this new clause the Bill will have nothing to say about skills for our coastal communities, and too little to say about the economic regeneration of those communities and the fishing industry.

We live in a rapidly changing world where new technologies and systems are transforming industries and changing the world of work. The Government intend that the Bill will establish a framework for fisheries for decades to come, but it also presents an opportunity to future-proof the industry and equip it with the means to adapt to an ever-changing world. Producing a skills strategy would present the industry and our coastal communities with a real opportunity for to do just that.

The new clause has the potential to create opportunities in parts of our country that have long been held back. It would encourage new entrants into the sector, people with innovative ideas that could help to rejuvenate the industry, make it adaptable to market changes and bring prosperity back to coastal towns and villages. It could help to end the brain drain from coastal areas and create exciting new opportunities, growing our fishing industry and creating a new greener economy.

Over the last few months, I have spoken with representatives of the fishing industry. Many of them have expressed the fear that the industry is failing to attract younger generations, so I hope that the Government support this new clause in recognition of the fact that action needs to be taken to address the skills shortage and the people shortage in fishing, which have a real impact on the local economies of seaside towns and villages.

We should take every opportunity to fundamentally change the prospects of our coastal communities. I believe that new clause 16 would be an important part of that approach.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

I rise in support of what my colleague, the shadow Fisheries Minister, has just said. There is a glaring gap in the skills and workforce strategy when it comes to fishing. That was highlighted in the discussion of the previous Fisheries Bill, when a Minister said that fishing is an unskilled profession. Technically, for immigration purposes, that may be the classification that fishing has been placed in by the Home Office, but I would challenge any Fisheries Minister or former Fisheries Minister, or any Tory Back Bencher who has been unfairly put on a Bill, to try fishing at sea and then say it is unskilled.

We do need a workforce strategy for fishing. That means that we need to look at how we can encourage new entrants into the area, and encourage fishing to be a career of choice for our young people in coastal communities. At the moment, those people going into fishing for the very first time—I have spoken about this issue before—tend to be related to someone who is already in the sector, particularly a father or an uncle. That means we have very strong fishing families and fishing communities, but we are missing an opportunity to provide new employment for young people in our coastal communities that makes fishing a career of choice.

That is why this fishing industry skills strategy is an opportunity that I would encourage the Minister to take up. Even if she does not accept the new clause, we need to take this opportunity; if not, the promises made by those advocating Brexit in our coastal communities may not be delivered, and we may continue to see the decline of our industry and smaller and smaller workforces. This is an opportunity to grow the workforce, and to provide fishing as a career of choice and opportunity for our young people.

--- Later in debate ---
Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

We can all agree that attracting skills and talent is crucial to realising our ambitions for a thriving modern fisheries sector. Seafish undertakes a great deal of work promoting careers, as well as safety training, in the seafood sector, which includes providing a range of training courses and materials for new and more established members of the industry. It also established the Young Seafood Leaders Network in October 2018 to share best practice and innovation and develop leadership skills.

However, bringing new entrants into the industry remains a challenge. A Seafish study from July 2019 showed that many young people see jobs in seafood as low-skilled, unexciting and focused on handling fish. In response to this, Seafish has developed a range of materials to help improve understanding of the range of employment opportunities that exist, including case studies of women in the industry.

In England, we are closely engaged with the recommendations made in the Seafood 2040 strategic framework. That initiative includes the delivery of a single, cross-sector seafood training and skills plan, aiming to support businesses in the seafood supply chain and recruit and retain workers with suitable skills. Helping safeguard the industry’s future by encouraging new entrants is very important, and we will be looking at how we can best encourage that as part of our work to reform the fisheries management regime.

The funding powers in the Bill, contained in clause 35 and schedule 6, will allow the Government to support the reorganisation, development and promotion of fishing. That will really benefit commercial communities, and will also support training for those who fish. Given all that, I ask that the hon. Lady withdraw the motion.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 17

Procurement of sustainable fishery products

“The Secretary of State must lay before Parliament, within 12 months of this Act being passed, a strategy for increasing sustainable fish procurement in the public sector.”—(Stephanie Peacock.)

Brought up, and read the First time.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

Labour’s new clause 17 requires the Secretary of State, 12 months after this Bill has been passed, to lay before the House a strategy for increasing sustainable fish procurement in the public sector. The clause would support both fishers and our marine environment.

Some £2.4 billion is spent each year on food and catering services for the public sector. As has been mentioned multiple times during the debate on this Bill, in the UK we export most of what we catch and import most of what we eat. The new clause would help grow a home market for sustainable UK-landed fish.

Our British fish, 80% of which is exported, is currently subject to the uncertainties of the global market. During the covid-19 pandemic, our fishers were left struggling to make a living as export markets were shut and prices for UK products fell through the floor. A strategy for increasing sustainable fish procurement in the public sector would hopefully increase domestic demand for sustainably caught UK fish such as hake, haddock, coley, mackerel and crab. That would give a much-needed boost to the UK fishing industry.

The UK public sector could showcase the public benefit by buying sustainably caught fish. That, in turn, would support the recovery of UK fish populations that are depleted. As I have already stated, recovering all UK fish stocks would allow 30% more fish to be landed by UK fleets, creating 10,000 more jobs in fishing and associated industries such as localised processing and transport. Those jobs would be in some of the areas that have suffered declining wages and have had fewer job opportunities over the past 10 years, including Cornwall, the east coast of England, west Wales and northern Scotland. Our new clause would directly link public buying with the aims of the Fisheries Bill—in particular, sustainability and the national benefit objectives—ensuring that Government policy is joined up.

Public sector caterers are required to serve fish with certain standards of sustainability, set out in the Government buying standards. However, compliance with those standards is poor. A Department of Health and Social Care report published in 2017 showed that only half of hospitals were meeting the basic food standards, and that was confirmed by sustained research in 2018. What steps are the Minister’s Department taking to increase compliance with the Government’s buying standards so that basic food standards are met?

New clause 17 would place a duty on the Secretary of State to publish a strategy for increasing sustainable fish procurement in the public sector, to ensure not only that the current sustainable buying standards are met but that public bodies promote world-leading sustainable British fish.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

This is a really important new clause, and I hope the Minister thinks strongly about adopting it. We do not eat enough local fish, and it was universally agreed on Second Reading that we need to eat more. As part of that, we need to buy more local fish. The public sector—the UK’s largest fish buyer—has the potential, as the national caterer, to buy more local fish.

Marine Stewardship Council certification of UK stocks is not as high as we would like it to be, and the opportunity to have more sustainable fish stocks should also mean the opportunity for more Government procurement. It seems odd that, at the moment, the fish eaten in our prisons, Government offices, schools and hospitals is frequently foreign fish because our own fish do not adhere to the sustainability standards. I am sure the Minister wants to change that.

If the UK Government were to lead by example and set an objective as part of the procurement report that the shadow fisheries Minister set out, they would also encourage more private sector buyers to buy more British fish, because that would support domestic infrastructure for processing and the onward distribution of fish in the UK.

On Second Reading, I challenged UK supermarkets to buy more British fish, and asked them to write to me to set out how they planned to do so. I fear that the supermarkets’ monitoring of parliamentary debates may be a little faulty, because not a single one has yet put pen to paper to set out how that might happen. Hopefully, the Minister will set out how the Government intend to buy more British fish, and at the same time will encourage UK supermarkets, which could, after the lead of the UK Government, provide the biggest boost for our domestic fishers.

At a time when international markets are disrupted—they could be disrupted further, given what may follow the no-deal Brexit that we seem to be heading towards—the ability for UK supermarkets and the UK public sector to buy more British fish would be enormously helpful.

--- Later in debate ---
One such example is the Crown Commercial Service, which is developing a new food procurement system for food produce. The pilot will look at how the new system can improve the supply of and access to local produce by making the market more accessible to small and medium-sized enterprises and enabling the public sector to buy more food. I therefore ask for the clause to be withdrawn.
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

The Government should put their money where their mouth is, but the clause does not even ask them to do that. It simply asks for a report on how we should buy more fish and use the Government’s significant buying power to procure British fish. On that basis, I will press the clause to a vote on whether we should support British fish and buy more.

Question put, That the clause be read a Second time.

--- Later in debate ---
Brought up, and read the First time.
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

New clause 20 addresses the impact of covid-19 on the fishing industry. The coronavirus pandemic has clearly caused immense disruption across different sectors of our economy, but the fishing industry has been affected by a particular set of challenges. They include a significant hit to demand for fish in key domestic and overseas markets, with the closure of the restaurant sector and many supermarket fresh fish counters during lockdown; the challenge of getting fish to market; a collapse in prices, with falls of as much as 85%; and disruption to supply chains.

Alongside those challenges, many fishers have faced labour shortages caused in part by overseas workers leaving the UK. Many small fishers were unable to adapt to these challenges, as throughout the lockdown period their quota allocation and the fish they catch remained unchanged. All of that has been exacerbated by what happened earlier this year, when many boats were grounded by storms and high winds.

The difficulties are well known to the Government. On 24 April, the Select Committee on Environment, Food and Rural Affairs heard from experts in the fishing industry, who highlighted some of the challenges. We have broadly welcomed the Government’s economic support measures during the pandemic. However, in many cases, the measures have not addressed the particular challenges faced by the fishing industry, where smaller businesses often have very tight profit margins, continually reinvesting in their businesses and vessels. As Barrie Deas, chief executive of the National Federation of Fishermen’s Associations, said, “broad brush” Government support left many smaller fishing businesses struggling.

The Government’s £10 million fund for England’s fishing and aquaculture sectors came too late, while the bounce back loan scheme, capped at £50,000, did not cover fixed costs, from maintaining boats to funding berths for charter boats in marinas and ports, which were necessary to ensure the long-term viability of businesses when they were not operating during lockdown. Cash-flow problems and ongoing costs have impacted not only fishers, but fish processing businesses and ports, with the British Ports Association finding that only 36% of UK ports are confident about their business outlook over the next 12 months.

The Government have made support for the fishing industry one of the key elements of their programme, and that has taken on even greater importance in the context of coronavirus. The new clause presents an opportunity to provide greater certainty for an important industry in uncertain times. It would require the Secretary of State to lay before the House a review of the impact of coronavirus and the coronavirus disease on the fishing industry within six months of Royal Assent.

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - - - Excerpts

Once again, I rise to speak about devolution, of which the new clause betrays a lack of understanding. There are four Governments, four Parliaments and four countries of the UK who are taking what steps they think best to tackle the coronavirus and to mitigate the economic damage from it, including in the fishing industry. Again, we have a new clause that thinks it appropriate to ask the person in charge of English fishing to make a report on the economic wellbeing or otherwise of the fishing industries in Wales, Scotland and Northern Ireland. I just make the helpful suggestion to the hon. Lady that the Labour party should consider the impact on the devolved Administrations when it puts amendments together.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I take the hon. Gentleman’s point. If the Government are willing to accept the new clause, it might be an area that can be improved om, but the point is to try to give greater certainty and greater information to the sector as it struggles to deal with the coronavirus pandemic. Under the terms of the new clause, the report would assess and address the effects of coronavirus on the fishing industry workforce and on the supply availability of fisheries products. The new clause places no obligation on the Government to adopt any particular approach to supporting the fishing industry through these difficult times. It simply requires the Secretary of State to report to the House on the challenges that the industry faces as a result of the pandemic.

I hope the Minister will agree that the covid-19 pandemic has placed a great strain on our UK fishing industry. I hope she will support our new clause to ensure that the Government commit to monitoring the impact of covid-19 on small and big fishers across the country.

The Government need to answer key questions. What measures, if any, will they take to provide more sector-specific support to the fishing industry? What actions will they take to support jobs in coastal communities impacted by covid-19? How will they support British ports? What will the Government do to ensure that more fish caught in UK waters are landed in UK ports, providing important foods to communities hard hit by covid-19? Those are important questions. We hope that work to address those issues will take place in any case, but I am sure the House, the fishing industry and the public would appreciate its being as transparent as possible.

Given the difficulties that the coronavirus pandemic has caused for the fishing industry, if the Government are to oppose the new clause, will the Minister clarify how they will assess the impact of the pandemic and provide support for the industry? What mechanisms will they adopt to ensure that the House, the industry and the public are updated on this work?

Taiwo Owatemi Portrait Taiwo Owatemi (Coventry North West) (Lab)
- Hansard - - - Excerpts

The coronavirus pandemic shows no sign of slowing down or stopping in the immediate future. We know that the disease will, regrettably, live among us and our communities for some time to come. New clause 20 seeks to mandate that the Secretary of State lays before Parliament a report on the impact of coronavirus and the coronavirus disease on the fishing industry.

Last week at the Opposition day debate on protecting jobs and businesses, I commented on the disproportionate and devastating impact the pandemic is having on our communities. In last week’s Fisheries Bill Committee, I spoke about the need to secure, safeguard and create jobs within our coastal communities, particularly at this devastating and worrying time for many of us. Our coastal communities have been severely impacted by the pandemic already, following years of austerity, as well as having to contend with the spiralling expenses of the fishing industry—this particularly affects smaller businesses with smaller vessels.

The new clause indicates to UK businesses that they are at the forefront of our minds during this really difficult time. Providing a report that outlines the impact of coronavirus on the fishing industry workforce, the supply and availability of fishery products, and the commercial viability of the catching sector in general will highlight any issues. It will give the Government and those in the fishing industry a chance to adapt and change, if that is needed to avoid bankruptcy or other financial issues that might arise. It will also mean that Parliament is given sufficient opportunity to scrutinise the Government’s action—or inaction—in supporting UK fishing communities. The Minister will surely agree that that is something our constituents would want.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

While I understand that all Members of the House are very worried about the effects of covid-19 on the fishing industry, I want to assure the House that we are very carefully monitoring the impacts on the fishing and seafood sectors. The work that we are doing includes monitoring prices and demand, including landings, for UK seafood, as well as analysis of employment data. We are concerned that the new clause would require a duplication of ongoing engagement and monitoring work. The timeframe in the new clause means that it would not capture the effects of coronavirus after the next six months, which, given the seasonality of fishing, means that it would not capture the full effects, as not all of them will have worked through in the six-month period. We are also concerned about the devolution aspects.

It is definitely true that the coronavirus pandemic has shone a spotlight on the vital role that the food system plays in all our lives, which is why part one of the national food strategy is already looking at the food system in relation to the pandemic. We recognise that it is vital that everyone has access to healthy and affordable food, and the national food strategy is taking forward that work, in addition to work being done by Seafish in data gathering for its 2020 surveys, which are under way. The work is very detailed and the surveys include specific questions about the impacts of covid-19. Subsequent analysis of that data will, I believe, provide the information that is being sought.

The Bill is intended to frame our fisheries management for many years to come. While the pandemic has certainly not gone away in the way that we might have hoped six months ago, I do not think it is appropriate to legislate in a framework Bill for something such as this, when I am confident that the work hon. Members seek is being covered elsewhere. I therefore ask that the clause be withdrawn.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

I do appreciate the Minister’s remarks and all the work that the Government are doing, but I am not convinced by her argument that this new clause is a duplicate. It simply asks the Government to come back and report to Parliament, so that they are open and transparent to the public and, most importantly, so that the fishing industry can see the impact of covid-19 on its industry and the support the Government are giving. On that basis, I would like to press the new clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---
Brought up, and read the First time.
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - -

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

Labour’s new clause 21 would set in primary legislation the requirement to label all fish products offered for retail and to the final consumer with the origin and catch method. Retailers are reporting an uptick in demand for sustainably caught or produced food goods. The new clause would not only support the identification of sustainable fish products, but help British consumers identify and buy British fish.

As has been said multiple times in this Committee, negotiations between the EU and UK about fishing quota and tariffs are ongoing and we cannot tell at this point how they will conclude. However, the UK Government can act right now to help our UK fishing industry regardless of the outcome of the negotiations, and guaranteeing that their fish will be identifiable to UK consumers is one such action.

It should be easy to find out, when buying fish in the local supermarket, whether it is Scottish salmon, which is farmed in open net pens, or Chilean salmon, which has a lower rating for sustainability. At the moment under EU law, unprocessed fish must be labelled with the name of the species and the area in and method by which it was caught or farmed. The new clause will protect our UK fish product labelling regime from future trade deals. Last November, leaked documents showed the US’s hostility to food labelling, including front-of-pack nutritional labelling and foods with protected geographical status.

We have a chance in this Bill to set labelling regulations within primary legislation, which would ensure that UK produce is distinguishable in the future. Labour’s regulation would apply to all fisheries products sold in retail and catering, whether pre-packed, non-prepared or processed products. Our clause would give consumers more information about the catch method used to catch their dinner.

Under current legislation, only a general method such as trawl is needed. However, as we have discussed, a trawl can be very damaging. There is a clear difference between beam trawling and more sustainable forms of trawling such as mid-water trawling. Specific fishing gear refers to the detailed type of gear used, for example beam trawlers or purse seiners. Stating the category of fishing gear used in the capture of fisheries products would allow customers to differentiate between more and less sustainably caught products. When they are shopping for their dinner, it should be easy to figure out whether the fish in their fish fingers or their battered fillet was caught in British waters. Labour’s new clause would give British consumers more control over what they eat. Better labelling measures would lead to softer, market-based incentives for fish sustainability. If we are to have a world-leading, sustainable fisheries regime, we must act at every stage of the fish product supply chain, from net to plate.

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None Portrait The Chair
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Yes. We have one more bit of business to get through.

Stephanie Peacock Portrait Stephanie Peacock
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I jumped in too soon with the nice bits.

I thank the Minister for those comments. I understand her first point, but does her Department have plans to introduce regulations that require not just unprocessed fish but all fish products offered for retail to be labelled with where they come from and where they are caught? I urge the Government to be more ambitious on labelling, and to strengthen the labelling rules.

Victoria Prentis Portrait Victoria Prentis
- Hansard - - - Excerpts

May I intervene to answer the question? Fisheries and aquaculture products will continue to be labelled and marketed as before. We are rolling over the labelling and marketing provisions in the regulation, and they will become part of retained EU law. We want to give certainty to consumers and businesses, especially around alignment with existing markets, as we end the transition period. We are consulting on labelling and we are keen to do so, but any changes to the arrangements would need to be carefully considered.

Stephanie Peacock Portrait Stephanie Peacock
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The point of the new clause is to ensure that consumers have the information that they need to make choices, and so that they can choose sustainable fish and can buy British. On that note, I would like to vote on the new clause.

Question put, That the clause be read a Second time.

Fisheries Bill [Lords]

Stephanie Peacock Excerpts
Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 13th October 2020

(3 years, 6 months ago)

Commons Chamber
Read Full debate Fisheries Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 13 October 2020 - (13 Oct 2020)
Victoria Prentis Portrait Victoria Prentis
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I thank the right hon. Gentleman for that clarification and I look forward to working further with him on the important issue of safety. The MCA raised the particular issue that affected his constituency in June with the German Government and will continue to do so as hard as possible. We have also raised concerns with the French Government following the incidents in the Baie de Seine—perfectly lawful fishing activity by, I think, Scottish vessels—that took place on Sunday night.

In conclusion, this is a good Bill that learns the lessons of the common fisheries policy, and I know that that is recognised across this House. It puts in place a framework to develop sustainable fisheries, which will benefit the nation as a whole as we become an independent coastal state.

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
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I rise to speak to the amendments that stand in my name and the name of the shadow Environment Secretary, my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard). I begin by paying tribute to the six fishers who went to work last year and tragically did not return home.

For the Opposition, today’s debate is focused on two simple questions. First, how committed are this Conservative Government to sustainable fishing, and secondly, do this Government really care about jobs in coastal communities? I believe Labour’s amendments to this Bill make it stronger. Amendment 1 increases seafood landings into UK ports and calls for the majority of fish caught in English waters to be landed in English ports. Amendment 2 makes the sustainability objective the prime objective of the Bill and means that environmental sustainability will be considered in the short and the long term. Amendment 3 bans supertrawlers from vulnerable marine habitats and conservation zones.

Our amendments close the gap between what the Conservatives have promised to do and this Bill, because right now the Fisheries Bill does not make good on the Government’s commitments to fishers, coastal communities or voters concerned about the environment. Today, the Government have announced three consultations into how to split additional quota from EU negotiations, the allocation of quotas for new entrants to the sector and attaching licensing additions to vessels so that British fish is landed in British ports. Those are matters that have been repeatedly voted against in the Bill Committee. We do, of course, welcome their apparent adoption of Labour policy today, but consulting on something is not the same as taking action. We want the Government to make good on their promises to voters, not simply to pay lip service by announcing consultations on the day this Bill is considered on Report.

Sheryll Murray Portrait Mrs Murray
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The hon. Lady is talking about that economic link, but does she not recognise that it was a Conservative Government in 1988 that passed the Merchant Shipping Act and the European Court of Justice that overturned it? It is not Labour party policy; it was originally a Conservative policy many decades ago.

Stephanie Peacock Portrait Stephanie Peacock
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I know that the hon. Lady speaks with great experience as chair of the all-party fisheries group, and I am sure that, like me, she will be aware that for every one job created at sea another 10 are created on land—

Stephanie Peacock Portrait Stephanie Peacock
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Eight—I stand corrected. Eight jobs are created on land to every one job at sea. The hon. Lady will see that there is a clear benefit. That is what amendment 1 speaks to.

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Emma Hardy Portrait Emma Hardy
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I thank my hon. Friend for her excellent speech and say that, like me, she probably doesn’t recall 1988 that well. At one time Hull was one of the world-leading areas for fishing ports and industry, so does she agree that Labour’s amendment could bring some much needed jobs to areas such as Hull?

Stephanie Peacock Portrait Stephanie Peacock
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I absolutely agree. My hon. Friend makes an important point. I know that she is a hard-working campaigner for the fishing industry that benefits her community in Hull. That is why we believe that landing seafood caught in British waters in British ports will help to level up our coastal community. It will support jobs not just on boats, but in landing, processing and onward transportation.

With the sustainability objective, there is still time to seize the chance offered by amendment 2 to put in place fisheries legislation that begins to reverse biodiversity decline. In the Conservative election manifesto, voters were promised

“a legal commitment to fish sustainably”.

By the Government’s own admission, we will not be able to achieve the 2020 target for the good environmental status for many years

“unless there are further improvements to fisheries management measures.”

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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Does the hon. Lady agree that one of the important things we must do to sustain our fishing communities is to ensure that our ports and landing areas are improved? There should be additional support for those areas so that we really can benefit from an increase in our seafaring catch.

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Stephanie Peacock Portrait Stephanie Peacock
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I thank the hon. Gentleman for his important point. I am sure he will be interested to know that the British Ports Association does indeed support Labour’s amendments this evening. That is because Labour’s amendments would ensure that fisheries management decisions are made through the lens of environmental sustainability, which will result in long and short-term benefits. It will result in a more resilient and productive marine ecosystem and lead to increased long-term catches, industry profits and benefits for coastal communities. Will the Minister give an assurance tonight, on the Floor of the House, that decisions made in relation to fisheries management will not compromise environmental sustainability in the short and long term, which, as she knows, is set out in the Bill?

Let me move on to amendment 3, which prohibits vessels greater than 100 metres in length from marine conservation zones and protected areas in English waters. These were defined in the Marine and Coastal Access Act 2009. A Greenpeace investigation has revealed that, last year, supertrawlers, industrial vessels longer than 100 metres that hoover up hundreds of tonnes of fish a day, spent nearly 3,000 hours fishing in parts of UK waters that are supposed to be protected. These areas were created with the purpose of safeguarding vulnerable marine habitats and iconic species such as dolphins, yet in the first six months of 2020, supertrawler activity in marine protected areas was almost double that of the whole of last year.

Taiwo Owatemi Portrait Taiwo Owatemi (Coventry North West) (Lab)
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Will my hon. Friend join me in asking the Minister why the UK Government have called for the global community to increase protection of world oceans by up to 30% by 2030 when they have shown a reluctance to follow through with their commitments by supporting a ban on supertrawlers fishing in marine protected areas?

Stephanie Peacock Portrait Stephanie Peacock
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I thank my hon. Friend for making that important point. She is right: the Government like to call themselves a global ocean champion, but we want that same commitment back home, because at present our MPA network is nothing more than lines on a map. Our amendment 3 does just that.

Jonathan Edwards Portrait Jonathan Edwards
- Hansard - - - Excerpts

I strongly support amendment 3, but I am sure the hon. Lady will understand why, as a Welsh MP, I cannot vote for an England-only amendment, although I understand why it is England-only. May I implore her to ask her colleagues in Cardiff to bring forward similar measures for Wales, to protect Welsh waters?

Stephanie Peacock Portrait Stephanie Peacock
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I thank the hon. Gentleman for his intervention. We have tried to make our amendments devolution-friendly, but we hope that our colleagues in the devolved Administrations will see merit in them.

Labour’s amendments are backed by Greenpeace, the Marine Conservation Society, Greener UK and the British Ports Association, to name but a few. I urge every Member of the House to think very carefully before they vote today about whether they will be voting to support more jobs in coastal communities, to protect marine habitats and to ensure the longevity of our fishing industry, because that is what the Labour party will be voting for.