Marine and Coastal Access Bill [HL]

The noble Lord says that, but I have given as good an explanation as I can as regards the defence. At the end of the day, this is about ensuring that the fishermen involved are not subject to two conflicting pieces of legislation. That would place them in an absolutely impossible position, and that is what we seek to avoid. I shall certainly consider the noble Lord’s point, which I understand. I think that last week I referred to the discussions in Europe on the common fisheries policy. The advice I have received is that the mood around the Fisheries Council table may be changing due to the provisions of the Marine Strategy Framework Directive, which imposes on maritime member states, including the UK, an obligation to create a network of protected areas. We expect that other member states will also need to provide adequate protection for their protected areas if they are to meet their legal obligations. Therefore, we hope that there might be a mutual interest in adopting a slightly different approach from marine nature conservation in the future. Commissioner Borg is aware that we are faced with a very fine balance between achieving a sustainable future for the fishing industry on the basis of a healthy marine environment, and the current state of EU fish stocks. He has stated his desire for an integrated maritime policy and recognises that the common fisheries policy has a crucial role to play in achieving that aim. This is essentially what is also envisaged by the Marine Strategy Framework Directive. As I indicated last week, it is a priority of the Government to secure a better alignment between European fisheries policy and the UK’s objectives for the marine environment. That point will be uppermost in our minds when we go into the negotiations. I am right: there is no definition of the relevant phrase in the Bill. If there is no definition, it is intended, as ever, to have its natural and broad meaning. It applies to any person fishing in the sea. This is a clearly acknowledged problem which the Government wish to tackle through negotiations in Europe on the common fisheries policy. However, the existing measure does not provide any protection for a person who is fishing illegally, nor does it provide any protection for those who are using fishing gear solely and deliberately to damage a marine conservation zone. Therefore, it is not a blanket defence. Where the balance of evidence merits it, we will of course take the necessary steps to regulate fishing. Provided we control fishing where necessary, the defence that is afforded by this clause is appropriate. Essentially, it says that fishing, which is a legitimate activity, has already had its environmental impact taken into account through the common fisheries policy. It should not be prosecutable under two pieces of legislation for the same offence, if such offence is caused. Illegal fishing, though, would be prosecuted under fisheries legislation—for example, through inshore fisheries and conservation authority by-laws, as provided for in the Bill. I know noble Lords are concerned about the situation, but I have tried to explain the logic of why we are where we are. It is not ideal. Clearly, we could have a general debate about the common fisheries policy. Rather as with the CAP, we would all agree that reform is necessary. We will pursue this matter in Europe.