European Union (Amendment) Bill

I thank noble Lords for their contributions to this debate. I remind the Committee that Amendment No. 30 refers to a provision in the treaty setting out the Union’s exclusive competence on the conservation of marine biological resources under the common fisheries policy, which reflects previous European Court of Justice case law. The Lisbon treaty makes no changes to the competence of either member states or the Commission when it comes to fisheries. Community competence over fisheries is shared, except for conservation measures, where, as we have been told, it has been the exclusive competence of the Community since the UK’s treaty of accession came fully into force in 1979. The treaty merely codifies this. Judgments of the European Court of Justice in the 1976 Kramer case and the 1979 case of the Commission v UK have established that the conservation of marine biological resources under the common fisheries policy falls within the exclusive competence of the Community. The Lisbon treaty reflects that judgment by expressly stating that the conservation of marine biological resources under the common fisheries policy is within the exclusive competence of the European Union—in other words, it codifies existing case law. Fisheries will continue to be managed by the EU’s member states and the European Commission, working together. The Commission will continue to have the lead on conservation measures. In moving his amendment, the noble Duke made it clear that he wanted to start a discussion on this issue. I do not think that he was for a moment proposing that his party favoured getting rid of the common fisheries policy—he will tell me if I am wrong—and although the noble Lord, Lord Stoddart, tried to persuade him that it would be a successful electoral move, I wonder about that. Concerning the common fisheries policy, everyone understands the wish to protect fish stocks in our waters and ensure that the benefit of them goes to the UK. However, what the noble Lord, Lord Teverson, said was absolutely right; fish do not respect national boundaries and our fishing interests extend well beyond the 200-mile limit. We need to have a policy based on the shared interests of countries that exploit the stocks in European waters. For better or worse—