Fisheries Bill [ Lords ] (Fifth sitting)

Stephanie Peacock Excerpts

Committee stage & Committee Debate: 5th sitting: House of Commons
Tuesday 15th September 2020 Public Bill Committees

[The Chair]

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 [e-mail].

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?

[Stephanie Peacock (Barnsley East) (Lab)]

No.

[The Chair]

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]

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.

[The Chair]

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]

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.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

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]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Stephanie Peacock]

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.

[The Chair]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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.

[The Chair]

We now come to a rich seam of amendments.

Clause 38

Power to make provision about fisheries, aquaculture etc

[Stephanie Peacock (Barnsley East) (Lab)]

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.

[The Chair]

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]

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]

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]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Stephanie Peacock]

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.

[The Chair]

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]

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

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]

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]

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]

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

--- Later in debate ---

[Victoria Prentis]

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]

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]

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]

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]

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.

--- Later in debate ---

[Victoria Prentis]

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]

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]

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.