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

(3 years, 6 months ago)

Public Bill Committees
Read Full debate Fisheries Act 2020 View all Fisheries Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 September 2020 - (15 Sep 2020)
Brendan O'Hara Portrait Brendan O'Hara
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I cannot hope to compete with the excitement of new clause 2 with new clauses 3, 4, 5, 6, 7, 8 and 9, which are in my name and those of my hon. Friends the Members for Coatbridge, Chryston and Bellshill and for Edinburgh North and Leith (Deidre Brock).

The main purpose of the new clauses is to give the Sea Fish Industry Authority far greater flexibility when exercising its functions separately and differently in different jurisdictions of the United Kingdom. The long-held view of the Scottish Government and of many in the sector is that Seafish, because of how it is constituted, is not sufficiently flexible to meet the needs of the entire sector. It therefore requires radical reform.

I believe that Seafish has an intrinsic flaw in attempting to represent the entirety of the United Kingdom while operating in a policy area that is wholly devolved. In trying to represent the whole UK fishing industry, Seafish is viewed by many as providing insufficient support for the sector in Scotland, which all too often results in poorer and unsatisfactory marketing and promotion of Scottish seafood.

The main objective of this group of new clauses is to devolve control over both the funding and the executive powers of Seafish to Scottish Ministers. The new clauses would also devolve control over the Scottish aspects of the fishing levy, giving Scotland a key role in deciding how that share of the money is spent. We believe that that new model would provide much greater flexibility to Seafish and enable it to exercise functions separately and differently in different parts of the UK. The new clauses would also increase transparency in requiring Seafish to report the income of receipts from the levies it imposes and how those are applied in each part of the UK.

As I have often said, not only is fishing devolved, but there is no standardised version of fishing across the UK. With an aggregated coastline of 20,000-plus miles, the UK contains a whole host of different fishing interests and practices. From England’s south coast to the most northerly point of Shetland, the industry is multi-layered, complex, nuanced and often localised. Given that there is no single fishing industry pursuing a common, clear set of shared objectives, and no fewer than four separate and distinct national Governments looking after the industry in their respective jurisdictions, it seems absurd that we have a one-size-fits-all fishing authority charged with securing a sustainable, profitable future for all parts of the industry. How can Seafish practically offer regulatory guidance and service to the industry for catching, aquaculture, processing, importers, exporters and distributers of seafood, as well as looking after restaurants and retailers in such a complicated, differentiated and entirely devolved industry?

This Bill gives us the perfect opportunity to reform the current system and ensure that the levy is better used to promote the range and quality of Scottish seafood, both at home and abroad. If Scotland were able to take investment decisions, we would be able to support the industry properly by promoting the quality and excellence of Scottish seafood products. It would also allow us to maximise the benefits of Scottish provenance, which is vital when marketing abroad. Whether it is our salmon, oysters, scallops, langoustines, crab or whatever else, the promotion of the product as Scottish gives it added value, and its provenance is a guarantee of quality, which is exactly what our producers need.

With these new clauses, we are not seeking to undermine Seafish—far from it. We are seeking only to improve how it works and ensure it works better in the future for the huge variety of Scottish fishing industries. By supporting this change, the Government would allow Seafish to promote all of Scottish fishing, from the east to the west and the north coasts and the northern islands. We believe it would work. Right now, Seafish does not work well for Scotland, and it should. With your permission, Sir Charles, I will seek to push the new clause to a vote.

Victoria Prentis Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)
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Seafish is a UK body, and Ministers in each Administration have a shared and equal responsibility for it. These new clauses affect the interests of three other fisheries administrations, so I have corresponded with my colleagues across the devolved Administrations about them.

My colleagues in Wales and Northern Ireland and I agree that Seafish is undertaking valuable work, and do not agree with the new clauses. The current model works well, in that it has the ability to deliver or fund bespoke services in each Administration, but in many cases it delivers UK-wide work. That is partly because of efficiencies of scale, but also because the supply chains across the UK are similar and have similar challenges and opportunities. A particular concern is that the new clauses do not consider the impact that the changes would have in each region on the viability of Seafish, given the additional and costly burdens they would add. I am not convinced of the need to legislate on all these matters.

It is open to all the fisheries administrations to consider how Seafish serves us across the UK and across the UK industries, but I feel that the new clauses pre-empt the findings of the reviews that we are about to undertake. I therefore ask the hon. Member for Argyll and Bute to withdraw them.

None Portrait The Chair
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Mr O’Hara, do you have anything to add?

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None Portrait The Chair
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I am sure that the Minister would like to respond.

Victoria Prentis Portrait Victoria Prentis
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The hon. Gentleman raised part of his point of order with me earlier, and I said that I would write to him when I have got to the bottom of the situation. As I said earlier, I was aware of the issue and that Seafish has worked collaboratively with the Maritime and Coastguard Agency on it. I was told that the MCA is satisfied that Seafish has taken all necessary steps. I am also aware, however, that the MCA is issuing a safety bulletin to alert all marine users to the importance of following manufacturers’ guidelines, particularly when retrospectively fitting a personal locator beacon into a personal flotation device. I will write to the hon. Gentleman further, but I would like to make clear that that is the current position as I understand it.

None Portrait The Chair
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Thank you, Minister.

New Clause 10

Duty to co-operate

‘(1) A fisheries policy authority must co-operate with other fisheries policy authorities in the preparation and application of the JFS and any SSFS, the licensing of fishing boats, enforcement against illegal fishing activity, the determination and distribution of fishing opportunities and the prevention of discards.

(2) A fisheries policy authority may share information with another fisheries policy authority for the purpose of discharging its duty under subsection (1).’—(Stephanie Peacock.)

This new clause would place a duty to co-operate on all fisheries policy authorities in carrying out their functions under this Bill; and would provide for the sharing of information between fisheries policy authorities.

Brought up, and read the First time.

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Victoria Prentis Portrait Victoria Prentis
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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
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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.

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Luke Pollard Portrait Luke Pollard
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I agree with the key point the right hon. Gentleman makes because, as a west country MP, I see an awful lot of dumpy boats around the west country that have been adjusted to be as broad as they possibly can while still coming under the designated length, be that 10, 12 or 14 metres or whatever. I share his concern about retrofits to fishing boats; in particular, he will know of my concern about retrofits to boats that do not come with the latest stability features, so that the retrofitting not only avoids certain fisheries regulations, which is the point he is making, but also potentially poses a greater safety risk to the lives of the crew, if they were to go over, and of those volunteers tasked with saving them in such an event.

I take the point that the right hon. Gentleman makes. However, when it comes to banning supertrawlers, although I know that the amendment that Labour tabled mentioned supertrawlers over 100 metres, he will be aware that there is a debate about whether a supertrawler at 90 metres is also sufficiently sized. To a certain extent, that is a moot point, because as he will know the oceans treaty that his Government have signed up to effectively seeks to ban all extractive activity in marine protected areas by 2030, working on the assumption that marine protected areas will be the ones that would become highly protected marine areas. I hope there is a strong case for that status being given to Wembury bay, around the coast from Plymouth. The Minister will know it. It has a beautiful diverse marine environment, and would be an effective highly protected marine area; it does not necessarily enjoy all the protections of other classifications at the moment. There is some wiggle room there.

The key point of the new clause is to seek clarity from the Minister and the Government on the journey ahead. My fear is that we will not see a clear plan produced, or a part two of the Benyon review. I would like Richard Benyon recommissioned to start a part two, because the questions of how an area is designated, and how commercial and recreational fishers are included in the process, are essential. The UK Government must not renege on their 2030 treaty obligations because they did not put in the advance work, and we must not have a rush to designate in the lead-up to 2030 that does not adequately take into account the livelihoods of fishers, who otherwise could have been supported for a period through re-zoning of fishing activity. That is the purpose of the new clause. I look forward to hearing what the Minister has to say about it.

Victoria Prentis Portrait Victoria Prentis
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The Government are pushing internationally for a global target of protecting 30% of the ocean by 2030. We were pleased to read the report on highly protected marine areas from the independent review panel, chaired by Richard Benyon. I have also enjoyed some fairly lively meetings with stakeholders, to listen to their views about the recommendations of the review. As we have said, the Department for Environment, Food and Rural Affairs is working closely with other Government Departments and is considering its response to the report’s recommendations. We will publish that response in due course. I am unable to give a better timetable than that, I am afraid, but work is ongoing. The Government are interested in the proposals for highly protected marine areas. In the Secretary of State’s recent speech on environmental recovery, he announced his intention to pilot highly protected marine areas.

To answer some of the hon. Gentleman’s questions, all extractive activities are not compatible with the aims for the areas. The review panel did not make specific recommendations on pilot sites. The review recommended that the Government consider social and economic factors when identifying sites, in order to minimise any negative effects for stakeholders, and it also recommended transparency, as well as early, continuous and, of course, honest engagement with a range of stakeholders when considering highly protected marine area sites. If the Government do decide to introduce HPMAs, we will work with our arm’s length bodies and stakeholders to identify where the pilots should be, and will consult honestly and frankly with those affected as soon as we can before designation. If we decide to go down the HPMA route, we will certainly carry out a full public consultation before putting any pilots in place. I ask that the new clause be withdrawn.

Luke Pollard Portrait Luke Pollard
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I am afraid I did not get the answers that I was looking for from the Minister with regard to a commitment and a timetable. I am grateful for the commitment she has given on consultation, but I will push the new clause to a vote.

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

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Stephanie Peacock Portrait Stephanie Peacock
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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
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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
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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.

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Luke Pollard Portrait Luke Pollard
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I take the point, although it is brave of any Conservative MP to talk about rule breaking at the moment.

Returning to the issue at hand, rather than the game playing, it is important that we look at this issue. That is why in proposed new clause 13(6) we say that there must be “sufficient resources” available for proper enforcement, including

“an appropriate number of vessels…an appropriate number of personnel, and…any of other resource”

that is needed, such as new aerial assets and drones, as we have discussed. Joining together our Royal Navy assets, coastguard assets, the enforcement activities of the devolved nations, electronic monitoring systems, automatic identification systems and other electronic tracking systems gives us the ability to track vessels as well as giving us a better understanding of the reality at sea. That is important.

Frequently, in regulatory terms, there has been an idea that when a fishing boat leaves port some of the rules will not be enforced, even if it undertakes activities incorrectly. As we have seen, there is an appetite among fishers, coastal communities and the people we represent to ensure that fishing activities at sea are legal, sustainable and fair when distributed between British and foreign boats in our waters. At the moment, that is not the view of many fishers in the west country. There seems to be a bias towards prosecuting British boats rather than foreign boats that are potentially in breach. I encourage the Minister to look at the enforcement priorities of the authorities when she has a moment.

All of those who feed into enforcement need to ensure that people are playing by the rules; I do not think people are doing that at the moment. There needs to be sufficient enforcement of the standard that we want. As we become a newly independent coastal state, the message about our values and enforcement that we send now will be one that we are judged against in the future. I want the Government to use the powers that they already have and have had for many years—not new powers that may be afforded to them by any negotiations—to ensure sufficient enforcement of our marine laws, to make sure there is no bias in favour of prosecuting British boats at the expense of rule-breaking foreign boats in our waters, and that we have a higher standard regime for safety enforcement.

Many non-departmental bodies that the Minister has in her remit have an important role in sending messages about stability tests, proper training and wearing lifejackets, as well as the issues that she spoke about relating to discards and other matters. I am keen to hear what the Minister has to say.

Victoria Prentis Portrait Victoria Prentis
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In England, enforcement of fisheries legislation is a statutory function of the MMO. A copy of the MMO’s annual report must be laid before Parliament and there is scrutiny of what enforcement is being carried out. Although it is good to have encouragement from the hon. Gentleman in this area, I would like to reassure him that there is no need for that encouragement, as this is an issue we take very seriously. Parliamentary questions about enforcement are regularly asked in both Houses, and senior leaders of the MMO have given evidence to the Select Committee on Environment, Food and Rural Affairs. There is a great deal of scrutiny of their activities.

Since the UK voted to leave the EU and become an independent coastal state, the Government have taken significant steps to ensure the UK can enforce the new fishing rights. Those include—with respect to England via the MMO—doubling the number of warranted enforcement officers to over 100, chartering two offshore commercial vessels in addition to the Royal Navy Overseas Patrol Squadron, and procuring 140 aerial surveillance flights for the period of January to March 2021. Those increases in resources are the result of the latest requirement assessment, based on the MMO’s compliance and enforcement strategy, which has been published on gov.uk.

Elsewhere in the United Kingdom, enforcement of fisheries legislation is devolved. It is and will continue to be for each devolved Administration to decide how best to control its waters. DEFRA and the MMO work with fisheries administrations from the devolved Administrations to utilise available resources, in partnership with the Ministry of Defence, Department for Transport and other agencies. This ensures that UK Government Departments are increasingly joined up in maximising our maritime capability, including fisheries protection. Given that we feel this new clause duplicates policy and procedure, I ask that it be withdrawn.

Luke Pollard Portrait Luke Pollard
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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
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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
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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
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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
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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
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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
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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.

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Luke Pollard Portrait Luke Pollard
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I agree entirely. Plymouth’s plan for fish has a similar focus on marine skills, and again, if the hon. Member for Waveney were here, he would no doubt be talking about the skills in the Renaissance of the East Anglian Fisheries project. What is happening here, though—this is a good example—is that the responsibility for workforce is being shifted to local authorities and local initiatives, and is not part of a national strategy. If it is happening in certain communities, we can presume that it is not happening in others, and sharing best practice, though important, is no substitute for a national lead that would create such a strategy and make skills workforce development easier for people to undertake.

Victoria Prentis Portrait Victoria Prentis
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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
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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.

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Luke Pollard Portrait Luke Pollard
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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.

Victoria Prentis Portrait Victoria Prentis
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We are in no doubt, on both sides of the House, that we want everybody to buy more British fish. The Government have a manifesto commitment on that:

“When we leave the EU, we will be able to encourage the public sector to ‘Buy British’ to support our farmers and reduce environmental costs.”

Our future policy will undoubtedly reflect that commitment.

The hon. Member for Barnsley East referred to the existing guidance—the Government buying standards for food and catering services. That is mandatory, and if she has examples of non-compliance, I encourage her to let me know very shortly. The Government are determined to create an environment where our farmers and food producers are supported in accessing public sector contracts and providing outstanding home-grown produce to high environmental standards. That helps to meet wider Government policy objectives, such as supporting local communities, encouraging healthier diets and improving sustainability.

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

This brief new clause would require the Government to publish a report into the distant water fleet. On a recent visit to Hull, I spoke to a number of fishers from UK Fisheries who are part of that fleet.

It may be useful for new Committee members to understand what a distant water fleet is. Historically, the UK fished in distant waters, especially around Iceland, Norway, Greenland and other places. It was in those waters that we developed a taste for the white fish that still makes up the vast majority of our imports, and from which the white fish for fish and chips largely still comes. As those nations took back control of their own waters and pushed our boats out of them—as part of the cod wars that I am sure all hon. Members are familiar with—distant water fishing opportunities declined, and with them, sadly, many of our fishing ports that relied on the distant water fleet, especially along the east coast in places such as Hull and Grimsby.

A small distant water fleet remains. The Minister knows that I want more fishers to land their fish in UK waters. Whether they are UK boats or UK flagged boats, if they are using any quota that has been given to the UK, I want that fish to be landed in UK ports. Notwithstanding that, the new clause seeks to encourage the Minister to ensure that in the negotiations taking place with our EU friends, the quota available for the distant water fleet that is currently UK flagged still has the opportunity to continue fishing in those waters.

In the Norway-EU agreement, for instance, the UK has approximately 50% of the available quota. Norway has said: “Brexit is your problem to sort out. We’ve allocated our quota to you guys. You sort it out between you.” That is perhaps fair-minded of it and not unreasonable, but in making the case for a distant water fleet to preserve that quota, I would be grateful if the Minister confirmed, first, that that is part of the fisheries negotiations; secondly, that conversations are taking place with the distant water fleet; and thirdly, that the Minister and her Department have had opportunities to encourage the distant water fleet to genuinely build an economic link with UK ports, particularly on the east coast, and ensure that it is not just flying a UK flag for convenience and that it is landing more fish.

Victoria Prentis Portrait Victoria Prentis
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The Government are holding formal negotiations with Norway and the Faroe Islands and engaging in discussions with other relevant countries, such as Iceland and Greenland. The UK is close—very close—to agreeing a fisheries framework of agreements with Norway and the Faroe Islands. Those agreements will provide a framework for the annual negotiations on fishing opportunities and access.

The Marine Management Organisation already reports on a large amount of the information sought by the new clause, including data on catches, quota uptake and value. I note the desire of hon. Members to be further informed about negotiations, and although I understand that, I should say that the negotiations are fluid at the moment. We will, of course, inform the House as soon as we can.

A report as specific as that sought by the new clause would be unlikely to deliver much gain at the moment, in the context of those extremely fluid, live negotiations. Reporting would be required on a likely minimum of 200 UK vessels of more than 24 metres in length that fish in non-UK waters. There is also ambiguity in the new clause about assessing commercial health and economic sustainability, which I think would be very difficult to action in practice. I therefore ask that the motion be withdrawn.

Luke Pollard Portrait Luke Pollard
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I beg to ask leave to withdraw the motion.

Motion, by leave, withdrawn.

New Clause 19

Report on fish caught in UK waters but landed abroad

‘(1) Within 12 months of this Act being passed and annually thereafter, the Secretary of State must lay before Parliament a report stating—

(a) what fish have been caught within the UK Exclusive Economic Zone but landed at ports outside the United Kingdom, Isle of Man, Guernsey or Jersey; and

(b) why such fish were not landed at a port in the United Kingdom, Isle of Man, Guernsey or Jersey.’—(Luke Pollard.)

Brought up, and read the First time.

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

The new clause, which is consistent with the case made by Labour Members in Committee, would create an evidence base for the missing fish that our coastal ports are denied when it is landed in foreign ports. We know that Conservative MPs have voted down Labour’s jobs in coastal communities amendments, favouring the landing of fish in foreign ports rather than British ports. That does not create jobs in Grimsby, Hull, Plymouth, Newlyn, Portavogie and elsewhere.

The new clause seeks to understand how much fish caught under a UK quota is being landed in foreign ports. As set out by the shadow fisheries Minister, my hon. Friend the Member for Barnsley East, for every job at sea, there are 10 jobs on the shore. Landing more fish in our coastal communities creates more jobs in them, and creates the opportunity for more fish to be sold in the UK, supporting our domestic industry. The report proposed by the new clause, which would only create the evidence base for missing fish, would hopefully inform that debate.

When the Government voted against the jobs in coastal communities amendment that would have required two thirds of fish caught under a UK quota to be landed in British ports, I told the Minister that that would not be the end of the matter. Indeed, she should expect Labour to continue campaigning for the creation of jobs in coastal communities, especially given the jobs crisis that they face in particular. The new clause would create an evidence base, and it is hard to disagree with the merit of that. The promise of more jobs that was made to our coastal communities—with Brexit and with more fish being landed—can be realised only if more fish is actually landed.

Although the Minister and I are perhaps not on exactly the same page on the negotiations, she has a wee advantage over me as she knows what is going on— I hope so, anyway. But whether or not we get more fish, we still need to focus on creating support for our domestic industry. The new clause would require Ministers to produce a report setting out how much fish caught in our exclusive economic zone is landed in ports outside the United Kingdom, the Isle of Man, Guernsey and Jersey, and to investigate why that fish was not landed in ports in the United Kingdom. To realise the benefits of landing more fish in the United Kingdom, we need to strengthen that economic link. It is important that Parliament has a voice on the public asset test.

I am grateful for the evidence that has been submitted even though we did not have an evidence session, and I note that the Clerk has been busy forwarding it to the Committee. Some of the evidence arrived after the objectives were debated by the Committee, so we have not had a chance to integrate it all fully, but one particular point is worth highlighting. Professor Richard Barnes, of Lincoln University, correctly points out in his submission that assuming that fish are already a public asset is incorrect, and that there is nothing about that in the Magna Carta, as many people think there is. There is nothing about it in international law necessarily —not that that is relevant here. He states:

“FQAs do not establish…stewardship responsibilities”,

and that fish are in effect private property through quota. He goes on:

“Establishing that fish are a public asset would be a critical first step in establishing a stewardship framework for fishing in the UK. It would create an opportunity for engagement in ongoing debates and decisions about how best to manage a valuable public good.”

It is a shame to miss out on that evidence. Are fish to be a public asset? The Minister voted down that amendment, but in effect she said that fish should be one and should be managed in that way. If so, an important part of the evidence base is to have an understanding of how much of that public asset derives an economic benefit to the UK and how much of it is deriving a considerable economic benefit to our European friends. We have no such understanding simply because Ministers have not yet chosen to use the powers they already have, whether in primary legislation or through licensing.

Should the Minister be thinking about adjusting the requirement to land more fish in British ports through the licence, having taken note of Labour’s amendment that was defeated—seeking to introduce the policy without giving the Opposition a win, so to speak—an evidence base would be important. That is what the report seeks to achieve.

Victoria Prentis Portrait Victoria Prentis
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Far from being missing, those fish are included in the statistics published by the Marine Management Organisation on the landings of fish by UK vessels as part of its annual report. The statistics include the ports and countries into which a catch is landed. Conservative Members are determined to support the UK fishing industry to get the best price for what it catches. The Government are clear that UK-registered vessels that fish against UK quota must demonstrate a link to the economy of the UK.

As I said last week, we will soon consult on proposals to strengthen the economic link to England, but those proposals will not mean that all catch must be landed into the UK, because we recognise that for some vessels it is more practical, sustainable or financially beneficial to land abroad. Our proposals do not mean that the Government will seek justification from vessel owners for their private and undoubtedly well-reasoned business decisions, which might be market sensitive and to do with the price that they can get for their catch.

The reasons why fish will be landed elsewhere relate primarily to price and market. Sometimes landing outside the UK will be necessary for safety reasons—for example, in a storm or because of mechanical issues. The new clause is not necessary, and I ask that it be withdrawn.

Luke Pollard Portrait Luke Pollard
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Will the Minister give way?

None Portrait The Chair
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Is the Minister giving way?

Victoria Prentis Portrait Victoria Prentis
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I am not, because I have finished.

None Portrait The Chair
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Mr Pollard, you are welcome to carry on, of course.

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Luke Pollard Portrait Luke Pollard
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I will take up that opportunity, Sir Charles.

I am grateful to the Minister for confirming that the MMO publishes those statistics. As a recent response of hers to a parliamentary question showed, however, 50% of cod catches do not have a sales note registered, so how convinced is she that the MMO has the ability to track accurately what of the UK total allowable catch is caught and landed? That is why an evidence base is important.

I do not think the Minister has given an adequate reason for why there should not be a report into fish caught abroad. We are missing fish still from our economy. We do not have a strong enough economic link. UK ports are missing out on fish that could be landed in our ports. I encourage the Minister to borrow as much Labour policy as she possibly can from our jobs and coastal communities amendment, as I suspect she will. [Interruption.] A set of Conservative MPs are huffing and hawing about the idea, but I suspect that, in the weeks and months ahead, we will see the Minister in effect cutting and pasting large parts of our amendments.

Victoria Prentis Portrait Victoria Prentis
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Will the hon. Gentleman give way?

None Portrait The Chair
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We have found a mechanism!

Luke Pollard Portrait Luke Pollard
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I am happy to give way—it is important to do so.

Victoria Prentis Portrait Victoria Prentis
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I can find no other mechanism to answer the hon. Gentleman’s questions. We discussed this measure fully last week. He knows that we will consult on proposals for landing requirements. I look forward to working across the House with all those who have proposals in this area, but I will not accept that 100% of UK vessels’ catch will have to be landed in the UK. Conservative Members wish to support the fishing industry, and we do that best by letting them land where they can get the best price, where that is appropriate.

Luke Pollard Portrait Luke Pollard
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I did not detect a question in that intervention, so I am not sure I can reply. However, I would not want the Minister to be under a misapprehension about Labour policy. I believe she was attempting to paint a picture that Labour were suggesting that 100% of fish should be landed under a UK quota. She will know, because I am sure she has read the new clause and no doubt seen the considerable amount of media coverage in coastal communities on it, that we have suggested that two thirds of fish caught under a UK quota should be landed in a UK port.

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Taiwo Owatemi Portrait Taiwo Owatemi (Coventry North West) (Lab)
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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
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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
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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.

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Taiwo Owatemi Portrait Taiwo Owatemi
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New clause 21 seeks to support UK fishing businesses and the UK fishing industry as a whole by allowing consumers to make informed decisions about buying sustainably sourced fish. That, as Sustain mentions, will give the British public greater confidence, clarity and certainty about the quality of the UK produce they are purchasing.

One of the Bill’s key aims is to restore and maintain UK fish stocks. We should be proud to label UK fishing produce, which will indicate to consumers that we are serious about restoring UK fish stocks, and maintaining them at sustainable levels. By labelling UK fishing produce caught in a sustainable way, consumers can make better choices for themselves and their families. It also creates best practice with regards to fishing activities.

The new clause would give assurances that the UK will not give in to outside interests that seek to weaken labelling regulations. I hope the Government will agree with the Opposition and support the new clause. By doing so, they would be sending a strong message to those who wish to water down our labelling regulations, as well as taking a further step in ensuring that the Bill is committed to sustainability and proper labelling practices.

Victoria Prentis Portrait Victoria Prentis
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I am sorry to end on a slightly damp squib, but the new clause is really not necessary. Regardless of the outcome of the negotiations, what the new clause seeks to do is already covered by legislation. We already comply with the European regulation 1379/2013 on a common organisation of the markets in fishery and aquaculture products, which will form part of retained EU law at the end of the transition period. The consumer information stipulated in the new clause is already required by the CMO regulation, so the proposal would simply duplicate the CMO’s labelling requirements.

I completely understand, however, what the hon. Member for Barnsley East says about the importance of labelling going forward. The Government are already committed to a serious and rapid examination of what can be done through labelling to promote high standards—and, indeed, high welfare—across the UK market for fish and agriculture. We will consult on that as soon as we are able to at the end of the transition period—we feel strongly about that—and I hope we will have her support in doing so.

Sir Charles, would you rather I said my nice words later?

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

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

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
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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.

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None Portrait The Chair
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We can now have another outbreak of niceness.

Victoria Prentis Portrait Victoria Prentis
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Well, we have had kind words from the hon. Member for Barnsley East, and it has been a pleasure to debate this excellent Bill with her. It gives me enormous pleasure to move it to the next stage. It sets out how we will move forward to promote sustainable fishing as we become an independent coastal state at the end of this year.

To that end, I would like to thank you, Sir Charles, and the other Chairman. I would very much like to thank the Clerk, who has managed extremely well. That is very difficult without the normal Box arrangements and without any back-up for the Clerk. I appreciate everything that he has done for us. I thank those on the Opposition Front Bench. I thank particularly all the Committee members, who have not done other things that they wished to do, because they were so determined to give this Bill their full consideration. I thank the Whips, who are both here, and who have kept us in order.

I particularly thank my private office and the Fisheries Bill team for their great work on the Bill. The Bill passes to its next stage in top-notch form, and I look forward to its becoming law very shortly.

Brendan O'Hara Portrait Brendan O’Hara
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May I add my thanks to you, Sir Charles, and to Mr McCabe for chairing these sittings? I also add my thanks to the Clerk of the Committee for keeping us all on track in what were sometimes very tricky situations. I am sure I am not alone in hating a double negative, and trying to vote accordingly, so I thank him.

The Minister and I did not agree on much, but she was courteous throughout, and there is no doubt that she is across her brief; I thank her for that. I thank all Members on both sides of the Committee for the way the debate was conducted: it was co-operative and constructive; no one can doubt that it was speedy; and we conducted the business successfully. I said in my opening contribution, which feels as if it was many moons ago, that it was like getting a band back together. I trust that, like Sinatra, this will be the last time we do it.