Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005

rose to move to resolve, That this House regrets that Her Majesty’s Government have not considered that the Registration of Fish Buyers   and Sellers and Designation of Fish Auction Sites Regulations 2005 inappropriately implement European legislation (SI 2005/1605) [5th Report from Merits Committee.] The noble Baroness said: My Lords, the Merits of Statutory Instruments Committee has stated that:"““These Regulations are drawn to the special attention of the House on the grounds that they give rise to issues of public policy likely to be of interest to the House, and that they may inappropriately implement European legislation””." I am particularly grateful to the Minister and to the noble Baroness, Lady Miller of Chilthorne Domer, who so kindly waited to be able to take this piece of business through tonight. In all fairness, this business should have come before the private Bills that have just had their Second Reading, but I am doubly grateful that they have been willing to hang on. The committee has produced a report which, at two full pages with a one and a half page index, is longer than normal and contains some concerns. The regulations are intended to implement fully the EU regulations of 1993 and the extensions of 2002. Those provisions cover the registration of those involved in the sale or purchase of first sale fish and the designation of auction sites. As drafted, the regulations allow a derogation for direct sales of less than 25 kilograms of first sale fish, provided that it is intended for personal consumption. In effect, the regulations extend to vessels of less than 10 metres the requirements to provide sales notes in respect of all sales over 25 kilograms and non-personal sales under that limit. The sales notes are to be supplied to the relevant authority within 48 hours of the sale taking place. The explanatory information in the appendix states that the time limit and the contents of the sales notes are laid down by the EU. Will the Minister confirm that the EU demands that sales notes are to be submitted within 48 hours of the completion of the sale? The wording of the statutory instrument suggests that the true requirement is 28 days. I refer the Minister to Section 5(5)(b). I wonder whether we are not over bureaucratically interpreting the system. Will the Minister also confirm that sales notes relating to customers who purchase first sale fish daily and are invoiced weekly or monthly will be considered to cover the same period? I am thinking of seaside hotels and bed-and-breakfasts supplied to a standing order from harbour stalls run by local fishermen. The Merits of Statutory Instruments Committee report also details the effect of these new demands. In 2004 there were about 73,000 recorded landings of fish from small boats. These landings may have been grouped on some occasions; on others they may have gone to several outlets. Calculating the total of sales notes generated is largely guesswork but is thought to number about 100,000 at a cost of at least £400,000. I find that figure a little low and would like to ask the Minister whether his department has revisited those costs since the RIA was done and, if so, whether they hold to the original published figures because the committee refers to significant costs in its report. I would also like to ask the Minister whether the Government have made any attempt to obtain an exemption from these requirements on the grounds, as stated by the committee, that,"““the obligation creates a disproportionate burden compared to the economic importance of the activity””." The committee also questions what the fisheries department will do with 100,000 or more sales notes every year. Will that be a reason further to increase the number of civil servants? Will the notes be transposed to a computer record and, if so, why is there no requirement for them to be typed, or is that yet another job to be created? I should like to ask how the regulations will impinge on the fisherman who sells his catch from a stall in or near the harbour? Are these regulations designed to force him out of business, particularly as they operate above 25 kilograms when the consultation related originally to 50 kilograms and to all non-personal purchases? What will happen about one-off sales, for example, for a charity function or family celebration that needs more than 25 kilograms? I hope that the noble Lord will respond to two further questions. Christopher Booker’s column in the Sunday Telegraph last week referred to a report—I believe that a noble Lord may be laughing slightly about that but it is a serious issue on which I seek clarification—in the Western Morning News. Mr Booker states:"““The paper had plucked from a report by Mr Bradshaw a proposal that small inshore fishermen should pay £1,000-a-year for a licence, as a contribution to the ever-growing cost of regulating their activities””." If that is true, it is, indeed, worrying. Presumably, that would be over and above the demands already being made through the statutory instrument. The article claims that Mr Bradshaw’s ministry maintained that,"““It is currently Defra’s policy to charge for regulatory services; that it would therefore be appropriate to apply this to the inshore fishermen and that this could raise around £2.5 million a year””." I would be grateful for the comments of the Minister on that. Finally, because it is so topical and relates again to statutory instruments, I refer the Minister to the recent publication by the European Union Committee, which considered the European fisheries legislation. In the report of 11 July—it is very current—the committee talks about improving the scrutiny of EU fisheries policy. Item 9 in the report says:"““Currently therefore, there is a two week window in which both the Governmental and Parliamentary scrutiny can take place between the publication of formal Commission proposals and the Council meeting””." I shall not go on to quote the next part, but it is there to be read. It goes on in recommendation 10:"““The Committee accepts that the United Kingdom Government are placed in a difficult situation regarding fisheries scrutiny. However, it would be unacceptable for the current situation to continue””." I then jump to recommendation 14, which states:"““We therefore urge the Government to take forward the improvement of the decision-making process for fisheries management as a matter of urgency under their Presidency””." I would be grateful if the Minister would touch on both those points. I realise that they are slightly wider than the original statutory instrument, but they obviously have a direct bearing on the cost to our inshore fishermen. Moved to resolve, That this House regrets that Her Majesty’s Government have not considered that the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 inappropriately implement European legislation (S.I. 2005/1605). [5th Report from Merits Committee.]—(Baroness Byford.)