Shark Fins Bill

Virginia Crosbie Excerpts

Committee stage
Wednesday 16th November 2022 Public Bill Committees

[Christina Rees]

I thank my friend and fellow sports-mad person for an excellent intervention and for her support throughout. Again, it is the whole balance of the ecosystem throughout the ocean that is affected. Sharks have been much maligned. If I sing, “Dur-duh, dur-duh, dur-duh,” you will get it. Ever since the film “Jaws” came out, people have been terrified of sharks, but they are really wonderful creatures.

Clause 1 sets out the prohibition on the import and export of detached shark fins. Subsection (1)(a) makes it an offence

“to import shark fins, or things containing shark fins, into the United Kingdom as a result of their entry into Great Britain”.

Subsection (1)(b) makes it an offence

“to export shark fins, or things containing shark fins, from the United Kingdom as a result of their removal from Great Britain.”

Subsection (2) refers specifically to where the prohibition does not apply to fins that have not been removed from the body of a shark. The prohibition does not apply if a shark fin is naturally attached to the body of a shark and the body is substantially intact. This means that the head and internal organs of a shark can be removed, and some damage may have occurred to the body in transit, but the body should still be substantially intact. This is to prevent the permitting of trade for fins that are attached to small parts of the shark body, while the rest of the body could have been discarded, which still poses ethical and sustainability concerns.

There is only one exception to the ban. Outlined in subsection (3) and the schedule, it is where imports or exports will support greater conservation of sharks—for example, through education and training. I had better mention at this stage that there is no exemption in this Bill for what was allowed previously, whereby individuals could import up to 20 kg of dried shark fin for personal use. The Bill closes that loophole.

Importantly, strict processes are in place to assess applications for exemption certificates, to ensure that they do not undermine the overall ban. The exemption process is clearly set out in the schedule to the Bill, which I will come to. A very strict application process is followed: the Secretary of State and Scottish and Welsh Ministers can issue an exemption certificate only if the shark fins will be used for purposes connected with the conservation of sharks. This will allow important conservation and educational activities, such as improving shark identification skills, to continue where needed.

[Virginia Crosbie (Ynys Môn) (Con)]

I thank the hon. Member for Neath, a fellow Welsh MP, for introducing this important Bill. She mentions education, and this is a really important part of the Bill—shining a light on this absolutely dreadful practice. As many hon. Members know, I started my working life looking after dolphins, working for Terry Nutkins of “Animal Magic” fame, and part of that involved educating people about marine life and our ecosystems. I have also been a BSAC—British Sub-Aqua Club—diver for decades. And I pay tribute to all the marine work that Bangor University does. This important Bill shines a light on this dreadful practice, so I congratulate the hon. Member.

[Christina Rees]

I thank the hon. Member for her intervention. The thing about this Bill is that I have learned all sorts of things about Members of Parliament that I could never have thought of. I know the great work that the hon. Member does on Ynys Môn. I always take every excuse to go there, because it is one of the most beautiful parts of Wales. Perhaps when I come up there next, she can show me all her good work. That would be brilliant.

The exemption process requires applicants to provide certain information to the appropriate authority to take a decision. The appropriate authority can revoke the exemption certificate if information supplied by the applicant is inaccurate or incomplete. Where someone has deliberately provided inaccurate or incomplete information for an exemption, the Secretary of State can impose a monetary penalty of up to £3,000. That will ensure that the exemption process is not abused. The Bill contains a power for the Secretary of State to amend the upper limit of that penalty by regulations.

Subsection (4) defines shark fins as

“any fins or parts of fins of a shark”

except for pectoral fins, which are part of ray wings. “Shark” means

“any fish of the taxon Elasmobranchii.”

Taxonomically speaking, Batoidea is a super-order of cartilaginous fishes, commonly known as rays. Batoidea has four orders, including Rajiformes, which includes skates. That definition is consistent with definitions included in the UK’s “fins naturally attached” regulation, in which skates are also considered under the definition of rays. Therefore, their pectoral fins are not included in the definition of shark fins. I am glad I got through that bit of my speech! [Laughter.]

Clause 2 amends the existing shark fins regulation 1185/ 2003, which forms part of the retained EU law. The version of the regulation retained in UK law includes the subsequent amendments made by regulation 605/2013. As the retained EU law stands, the removal of shark fins, retention on board, transhipment and landing of shark fins could take place by another country’s vessel in UK waters. That was not the intention of the changes made by the EU exit amending regulations. The amendment to the Bill would rectify that position and its effect is twofold. First, it is to ensure that shark finning is not undertaken by any other country’s vessels fishing in UK waters. Secondly, it is to ensure that any UK vessel is not undertaking shark finning wherever it fishes.

Clause 3 sets out the extent, commencement, transitional and savings provisions and short title of the Bill. They are the practical parts of the Bill necessary for it to function properly. The Secretary of State will set the commencement dates for clause 1 and the schedule to the Bill by statutory instrument. For clause 2, amendments to the existing shark finning regulation 1185/2003, which forms part of the retained EU law and includes amendments in regulation 605/2013, will come into force at the end of the period of two months, beginning with the day on which the Bill is passed. Clause 3 will come into force on the day on which the Bill is passed.

Amendment 1 clarifies that appeals in relation to decisions by Scottish Ministers should be heard by the First-tier Tribunal for Scotland. Applicants who wish to appeal decisions where Scottish Ministers are the appropriate authority will do so to the First-Tier Tribunal for Scotland, as per paragraph 9 of the schedule. Scottish Ministers are the appropriate authority in relation to entry into or removal from Scotland of shark fins or things containing them. This is a technical amendment to appropriately reflect Scottish devolved competency within the Bill. For completeness, there is currently no similar and separate equivalent in Wales to the First-tier Tribunal. The Welsh Government have therefore indicated that a similar amendment is not necessary at this time.

On the schedule, there is only one exception to the Bill, which is where imports or exports of shark fins will be used for purposes connected with the conservation of sharks.