Marine and Coastal Access Bill [HL]

I agree that this is an important consideration, and fully understand why noble Lords want an explanation. Perhaps I might give that explanation before coming to the amendment. Essentially, the common fisheries policy regulates the environmental impacts of fishing as well as the methods and level of catches permitted. Under EU law, it therefore already factors in environmental damage and deems that to be acceptable to the extent that it is a necessary consequence of fishing. The defence in Clause 137(3) is provided to make it clear that the Bill is not seeking to challenge that position, because we are in no position to do so, and to reassure fishermen that the nature conservation provisions in the Bill will not criminalise their activities. If fishery restrictions are necessary to protect a marine conservation zone in an area where additional domestic measures are permitted under the CFP regime, specific fisheries legislation—such as by-laws made by an inshore fisheries and conservation authority—will be used. As a member of the EU, if there is a conflict with national law EU law must take precedence. The common fisheries policy covers both the exploitation of fish stocks and the environmental impacts of fishing. As such, if a fisherman is fishing according to the conditions of his licence, we have to consider any environmental impacts as being already taken into account and acceptable. I do not pretend that that is an ideal situation. The fisheries defence in Clause 137(3) does no more than reflect that situation. That gives the fishing industry important clarity, and its presence in the Bill does not necessarily weaken the protection that we can give to marine conservation zones. While some form of commercial fishing can, no doubt, damage the seabed, and seabed-dwelling plants and animals, there is an obvious risk that uncontrolled fishing activity might undermine our conservation objectives. I fully understand that point, and that we face that risk. Indeed, we discussed at length last week the clear need for any integrated marine policy to bring fisheries and conservation policies together. The common fisheries policy already provides a mechanism for seeking the agreement of other member states and, as I have said, for restricting fishing activity for environmental reasons. We will use that mechanism when sites outside UK territorial waters need such protection. I acknowledge that other member states may not always see such restrictions as being compatible with their interests.